|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to discounted utility rates for school districts and |
|
open-enrollment charter schools; providing an administrative |
|
penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 36.351, Utilities Code, is reenacted and |
|
amended to read as follows: |
|
Sec. 36.351. DISCOUNTED RATES FOR CERTAIN INSTITUTIONS OF |
|
HIGHER EDUCATION AND SCHOOL DISTRICTS. (a) Notwithstanding any |
|
other provision of this title, as provided by Subsection (b), each |
|
electric utility in an area in which customer choice is not |
|
available or in which the commission has delayed the implementation |
|
of customer choice and each electric cooperative, transmission and |
|
distribution utility, and municipally owned utility shall discount |
|
charges for electric service provided to a facility of a four-year |
|
state university, upper-level institution, Texas State Technical |
|
College, [or] college, or school district. |
|
(b) The discount is a 20-percent reduction of the utility's |
|
base rates that would otherwise be paid under the applicable |
|
tariffed rate. As provided by commission rules, the discount must |
|
be provided to an educational entity listed under Subsection (a) or |
|
to a retail electric provider that provides service to an |
|
educational entity in an area where customer choice is available. |
|
(b-1) A retail electric provider that receives a discount |
|
under Subsection (b) shall apply a discount received under |
|
Subsection (b) to an educational entity described by Subsection (a) |
|
as a credit in an amount equal to the amount of the discount. The |
|
commission may suspend, revoke, or amend the retail electric |
|
provider's certificate of a retail electric provider that does not |
|
apply the discount to an educational entity described by Subsection |
|
(a). The commission shall impose an administrative penalty on a |
|
retail electric provider that does not apply the discount to an |
|
educational entity listed under Subsection (a). |
|
(c) An electric or municipally owned utility is exempt from |
|
this section if the 20-percent discount results in a reduction |
|
equal to more than one percent of the utility's total annual |
|
revenues. |
|
(d) A municipally owned utility is exempt from this section |
|
if the municipally owned utility, on September 1, 1995, discounted |
|
base commercial rates for electric service provided to all |
|
four-year state universities or colleges in its service area by 20 |
|
percent or more. |
|
(e) This section does not apply to a rate charged to an |
|
institution of higher education by a municipally owned utility that |
|
provides a discounted rate to the state for electric services below |
|
rates in effect on January 1, 1995, if the discounted rate provides |
|
a greater financial discount to the state than is provided to the |
|
institution of higher education through the discount provided by |
|
this section. |
|
(f) An investor-owned electric utility may not recover from |
|
residential customers or any other customer class the assigned and |
|
allocated costs of serving an entity [a state university or
|
|
college] that receives a discount under this section. |
|
(g) Each electric utility shall file tariffs with the |
|
commission reflecting the discount required under this section. |
|
The initial tariff filing is not a rate change for purposes of |
|
Subchapter C. |
|
SECTION 2. The change in law made by this Act applies only |
|
to a rate charged on or after the effective date of this Act. A rate |
|
charged before the effective date of this Act is governed by the law |
|
in effect when the rate was charged, and that law is continued in |
|
effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2011. |