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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of electric services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 39, Utilities Code, is |
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amended by adding Sections 39.207, 39.208, and 39.209 to read as |
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follows: |
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Sec. 39.207. PRICE CEILING FOR RETAIL ELECTRIC PROVIDERS. |
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Notwithstanding any other provision of this chapter, the commission |
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by rule shall establish a mechanism to ensure that the price for |
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electric service charged by retail electric providers does not |
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exceed a fair price that allows for a reasonable profit for the |
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retail electric provider, considering relevant market prices for |
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electricity purchased for resale. |
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Sec. 39.208. RELIABILITY OF RETAIL ELECTRIC PROVIDERS. |
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Notwithstanding any other provision of this chapter, the commission |
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by rule shall establish a mechanism to ensure that each retail |
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electric provider is financially and organizationally reliable to |
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provide services the retail electric provider offers. The |
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commission may require a retail electric provider to disclose |
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financial and business organization information as necessary for |
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the commission to evaluate and ensure the provider's reliability. |
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Sec. 39.209. FORMATION AND REGULATION OF INTEGRATED |
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UTILITIES IN COMPETITIVE AREAS. (a) Notwithstanding any other |
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provision of this chapter, the commission by rule shall establish a |
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mechanism to allow transmission and distribution utilities or power |
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generation companies to acquire transmission, distribution, or |
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generation assets and subsequently offer electric services to |
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retail customers as an integrated utility. |
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(b) The commission shall provide for an integrated utility |
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formed in a competitive area to offer electric service to retail |
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customers as a market competitor at a rate regulated by the |
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commission that does not exceed a fair price that allows for a |
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reasonable profit for the integrated utility. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |