82R4960 JJT-D
 
  By: Davis of Dallas H.B. No. 2222
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulation of electric services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 39, Utilities Code, is
  amended by adding Sections 39.207, 39.208, and 39.209 to read as
  follows:
         Sec. 39.207.  PRICE CEILING FOR RETAIL ELECTRIC PROVIDERS.
  Notwithstanding any other provision of this chapter, the commission
  by rule shall establish a mechanism to ensure that the price for
  electric service charged by retail electric providers does not
  exceed a fair price that allows for a reasonable profit for the
  retail electric provider, considering relevant market prices for
  electricity purchased for resale.
         Sec. 39.208.  RELIABILITY OF RETAIL ELECTRIC PROVIDERS.
  Notwithstanding any other provision of this chapter, the commission
  by rule shall establish a mechanism to ensure that each retail
  electric provider is financially and organizationally reliable to
  provide services the retail electric provider offers. The
  commission may require a retail electric provider to disclose
  financial and business organization information as necessary for
  the commission to evaluate and ensure the provider's reliability.
         Sec. 39.209.  FORMATION AND REGULATION OF INTEGRATED
  UTILITIES IN COMPETITIVE AREAS. (a)  Notwithstanding any other
  provision of this chapter, the commission by rule shall establish a
  mechanism to allow transmission and distribution utilities or power
  generation companies to acquire transmission, distribution, or
  generation assets and subsequently offer electric services to
  retail customers as an integrated utility.
         (b)  The commission shall provide for an integrated utility
  formed in a competitive area to offer electric service to retail
  customers as a market competitor at a rate regulated by the
  commission that does not exceed a fair price that allows for a
  reasonable profit for the integrated utility.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.