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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain non-ERCOT utilities to comply with |
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energy efficiency goals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 39.402, Utilities Code, |
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is amended to read as follows: |
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(a) Until the [later of January 1, 2007, or the] date on |
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which an electric utility subject to this subchapter is authorized |
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by the commission to implement customer choice, the rates of the |
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utility shall be regulated under traditional cost of service |
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regulation and the utility is subject to all applicable regulatory |
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authority prescribed by this subtitle and Subtitle A, including |
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Chapters 14, 32, 33, 36, and 37. Until the date on which an electric |
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utility subject to this subchapter implements customer choice, the |
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provisions of this chapter, other than this subchapter, Sections |
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[Section] 39.904 and 39.905, and the provisions relating to the |
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duty to obtain a permit from the Texas [Natural Resource
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Conservation] Commission on Environmental Quality for an electric |
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generating facility and to reduce emissions from an electric |
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generating facility, shall not apply to that utility. That portion |
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of any commission order entered before September 1, 2001, to comply |
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with this subchapter shall be null and void. |
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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. |