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A BILL TO BE ENTITLED
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AN ACT
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relating to energy aggregation by counties in certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 304, Local Government Code, is amended |
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by adding Section 304.003 to read as follows: |
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Sec. 304.003. AGGREGATION BY COUNTIES FOR RESIDENTS OF |
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COLONIAS. (a) In addition to the powers conferred by Section |
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304.002, a county may negotiate for the purchase of electricity and |
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energy service, make contracts for the purchase of electricity and |
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energy service, purchase electricity and energy service, or take |
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any other action necessary to purchase electricity and energy |
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service on behalf of the residents of a colonia in the county that |
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has street lights the installation of which was enabled by |
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financial assistance received under Section 487.354, Government |
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Code. The county may purchase electricity or energy service from |
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any entity, including a power generation company, retail electric |
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provider, and municipally owned utility. |
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(b) The commissioners court of a county by order or |
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resolution may provide for mandatory enrollment in the county's |
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aggregation services for electric service customers who reside in a |
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colonia described by Subsection (a) that, at the time of adoption of |
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the order or resolution, is located in an area that has implemented |
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customer choice as defined by Section 31.002, Utilities Code. |
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After the adoption of the order or resolution, each electric |
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service customer who resides in the colonia must be enrolled in the |
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aggregation services to receive electric service. A colonia |
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resident may not opt out of enrollment. The commissioners court may |
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provide in the order or resolution for the colonia's electric |
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service customers to be billed for a share of the cost of |
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electricity used by the colonia's street lights described by |
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Subsection (a). |
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(c) Before the commissioners court of a county adopts an |
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order or resolution under Subsection (b), the commissioners court |
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must hold a public hearing in the colonia to receive public comments |
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from colonia residents and to provide information to the residents |
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about the proposed mandatory enrollment program. If the |
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commissioners court provides for mandatory enrollment in |
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aggregation services, the county shall send a 60-day written notice |
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by mail to each electric service customer who must be enrolled. |
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(d) Each retail electric provider and transmission and |
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distribution utility shall provide to a county any information the |
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county considers necessary to solicit or administer an aggregation |
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program under this section, including the name, address, electric |
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service identifier, and monthly usage of each residential customer |
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who resides in the colonia. The consent of a customer may not be |
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required as a condition of providing information to a county under |
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this subsection. The county may provide to a third party or an |
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aggregator information received under this subsection, but only for |
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the purpose of bidding on, implementing, or administering the |
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aggregation program. |
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(e) This section is not intended to abrogate an electric |
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service contract between a resident of a county and a competitive |
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retail electric provider. A resident who takes power from retail |
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electric providers under a contract as of the date the order or |
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resolution is adopted may not be enrolled in the aggregation |
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program until expiration of the contract. |
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(f) A county may not profit from the creation or |
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implementation of an aggregation program created under this |
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section. All savings attributable to the aggregation program shall |
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be directed to participants who reside in the colonia, except that a |
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county may recover its actual administrative costs. |
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(g) A county may contract with a third party or another |
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aggregator to administer the aggregation of electricity and energy |
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service purchased under Subsection (a). |
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(h) Notwithstanding Section 40.054, Utilities Code, and to |
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the extent of a conflict between this section and Subtitle B, Title |
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2, Utilities Code, this section prevails. |
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SECTION 2. This Act takes effect September 1, 2011. |