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A BILL TO BE ENTITLED
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AN ACT
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relating to the governing body of an independent organization for a |
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power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.151, Utilities Code, is amended by |
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amending Subsection (g) and adding new Subsections (g-2) and (g-3) |
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to read as follows: |
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(g) To maintain certification as an independent |
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organization under this section, an organization's governing body |
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must be composed of persons specified by this section and selected |
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in accordance with formal bylaws or protocols of the organization. |
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The bylaws or protocols must be approved by the commission and must |
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reflect the input of the commission and the commission may modify |
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the bylaws. The bylaws must [specify the process by which
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appropriate stakeholders elect members and, for unaffiliated
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members,] prescribe professional qualifications for unaffiliated |
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members. The bylaws must require the use of a professional search |
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firm to identify candidates for membership of unaffiliated members. |
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The process must allow for commission input in identifying |
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candidates. The governing body must be composed of: |
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(1) the chairman of the commission as an ex officio |
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nonvoting member; |
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(2) the counselor as an ex officio voting member |
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representing residential and small commercial consumer interests; |
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(3) the chief executive officer of the independent |
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organization as an ex officio voting member; |
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(4) [six market participants elected by their
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respective market segments to serve one year terms, with:
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[(A) one representing independent generators;
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[(B) one representing investor owned utilities;
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[(C) one representing power marketers;
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[(D) one representing retail electric provider;
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[(E)
one representing municipally owned
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utilities; and
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[(F) one representing electric cooperatives;
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[(5)
one member representing industrial consumer
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interests and elected by the industrial consumer market segment to
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serve a one year term;
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[(6)
one member representing large commercial
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consumer interests selected in accordance with the bylaws the serve
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a one year term; and
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(7)] eight [five] members unaffiliated with any market |
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segment and selected by the other members of the governing body to |
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serve three-year terms. Unaffiliated directors may not serve more |
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than three consecutive terms. |
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(h) The commission may remove an unaffiliated member for |
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failing to impartially and adequately discharge the duties of the |
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member. |
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(i) The chairman of the commission and the executive |
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director of the commission, or the executive director's designee, |
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shall be permitted to attend any executive session of the governing |
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body. The executive director, or his designee, may communicate |
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matters discussed in an executive session of the governing body |
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with the other commissioners. |
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SECTION 2. This Act takes effect September 1, 2009. |