By: Lucio S.B. No. 937

(In the Senate - Filed February 24, 2011; March 17, 2011, read first time and referred to Committee on Business and Commerce; March 31, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; March 31, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 937 By: Lucio

A BILL TO BE ENTITLED

AN ACT

relating to priorities for restoration of electric service following an extended power outage.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 38, Utilities Code, is amended by adding Section 38.072 to read as follows:

Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN MEDICAL FACILITIES. (a) In this section:

(1) "Assisted living facility" has the meaning assigned by Section 247.002, Health and Safety Code.

(2) "Extended power outage" has the meaning assigned by Section 13.1395, Water Code.

(3) "Hospice services" has the meaning assigned by Section 142.001, Health and Safety Code.

(4) "Nursing facility" has the meaning assigned by Section 242.301, Health and Safety Code.

(b) The commission by rule shall require an electric utility to give to the following the same priority that it gives to a hospital in the utility's emergency operations plan for restoring power after an extended power outage:

(1) a nursing facility;

(2) an assisted living facility; and

(3) a facility that provides hospice services.

(c) A municipally owned utility shall report the emergency operations plan for restoring power to a facility listed in Subsection (b) to the municipality's governing body or the body vested with the power to manage and operate the municipally owned utility.

(d) An electric cooperative shall report the emergency operations plan for restoring power to a facility listed in Subsection (b) to the board of directors of the electric cooperative.

SECTION 2. This Act takes effect September 1, 2011.

* * * * *