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A BILL TO BE ENTITLED
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AN ACT
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relating to transferring certain energy assistance programs from |
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the Texas Department of Housing and Community Affairs to the Public |
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Utility Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.097, Government Code, is |
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transferred to Subchapter B, Chapter 16, Utilities Code, |
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redesignated as Section 16.022, Utilities Code, and amended to read |
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as follows: |
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Sec. 16.022 [2306.097]. STATE LOW-INCOME ENERGY |
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ASSISTANCE PROGRAM [ENERGY SERVICES PROGRAM FOR LOW-INCOME
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INDIVIDUALS]. (a) The commission [The Energy Services Program for
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Low-Income Individuals shall operate in conjunction with the
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community services block grant program and] has jurisdiction and |
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responsibility for administration of the following elements of the |
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State Low-Income Energy Assistance Program, from whatever sources |
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funded: |
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(1) the Energy Crisis Intervention Program; |
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(2) the weatherization program; and |
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(3) the Low-Income Home Energy Assistance Program. |
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(b) Applications, forms, and educational materials for a |
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program administered under Subsection (a)(1), (2), or (3) must be |
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provided in English, Spanish, and any other appropriate language. |
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SECTION 2. Section 39.903(f), Utilities Code, is amended to |
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read as follows: |
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(f) Notwithstanding Section 39.106(b), the commission shall |
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adopt rules regarding programs to assist low-income electric |
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customers on the introduction of customer choice. The programs may |
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not be targeted to areas served by municipally owned utilities or |
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electric cooperatives that have not adopted customer choice. The |
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programs shall include: |
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(1) reduced electric rates as provided by Subsections |
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(h)-(l); and |
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(2) targeted energy efficiency programs to be |
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administered [by the Texas Department of Housing and Community
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Affairs] in coordination with existing weatherization programs. |
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SECTION 3. Section 2305.036(c), Government Code, is amended |
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to read as follows: |
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(c) Projects funded under this program may include: |
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(1) projects to demonstrate commercially available |
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cost-effective energy-saving techniques and technologies; |
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(2) training and technical assistance in |
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energy-efficient construction, design, or remodeling; |
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(3) projects to provide energy education workshops or |
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seminars for consumers; |
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(4) financing for energy designs and improvements, |
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energy-efficient appliances, and energy management systems; and |
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(5) funding of a weatherization assistance program |
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through the Public Utility Commission of Texas [Texas Department Of
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Housing and Community Affairs] to benefit individuals of low |
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income. |
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SECTION 4. Section 2306.187(e), Government Code, is amended |
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to read as follows: |
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(e) Subsections (a) and (b) do not apply to a single or |
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multifamily dwelling that receives weatherization assistance money |
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from the Public Utility Commission of Texas [department] or money |
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provided under the first-time homebuyer program. |
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SECTION 5. (a) As soon as practicable after the effective |
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date of this Act, the Texas Department of Housing and Community |
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Affairs and the Public Utility Commission of Texas shall develop a |
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transition plan for transferring the functions performed by the |
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department under Section 2306.097, Government Code, to the |
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commission. The transition plan must include a timetable with |
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specific steps and deadlines needed to complete the transfer. |
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(b) In accordance with the transition plan developed by the |
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Texas Department of Housing and Community Affairs and the Public |
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Utility Commission of Texas under Subsection (a) of this section, |
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on November 1, 2011: |
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(1) all functions and activities relating to Section |
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2306.097, Government Code, performed by the Texas Department of |
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Housing and Community Affairs immediately before that date are |
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transferred to the Public Utility Commission of Texas; |
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(2) a rule or form adopted by the executive director of |
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the Texas Department of Housing and Community Affairs that relates |
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to Section 2306.097, Government Code, is a rule or form of the |
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Public Utility Commission of Texas and remains in effect until |
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amended or replaced by the commission; |
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(3) a reference in law to or an administrative rule of |
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the Texas Department of Housing and Community Affairs that relates |
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to Section 2306.097, Government Code, means the Public Utility |
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Commission of Texas; |
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(4) a complaint, investigation, or other proceeding |
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before the Texas Department of Housing and Community Affairs that |
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is related to Section 2306.097, Government Code, is transferred |
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without change in status to the Public Utility Commission of Texas, |
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and the commission assumes, as appropriate and without a change in |
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status, the position of the department in an action or proceeding to |
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which the department is a party; |
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(5) any employee of the Texas Department of Housing |
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and Community Affairs who is primarily involved in administering |
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Section 2306.097, Government Code, becomes an employee of the |
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Public Utility Commission of Texas; |
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(6) all money, contracts, leases, property, and |
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obligations of the Texas Department of Housing and Community |
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Affairs related to Section 2306.097, Government Code, are |
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transferred to the Public Utility Commission of Texas; |
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(7) all property in the custody of the Texas |
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Department of Housing and Community Affairs related to Section |
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2306.097, Government Code, is transferred to the Public Utility |
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Commission of Texas; and |
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(8) the unexpended and unobligated balance of any |
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money appropriated by the legislature for the Texas Department of |
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Housing and Community Affairs related to Section 2306.097, |
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Government Code, is transferred to the Public Utility Commission of |
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Texas. |
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(c) Before November 1, 2011, the Texas Department of Housing |
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and Community Affairs may agree with the Public Utility Commission |
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of Texas to transfer any property of the department to the |
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commission to implement the transfer required by this Act. |
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(d) In the period beginning September 1, 2011, and ending on |
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November 1, 2011, the Texas Department of Housing and Community |
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Affairs shall continue to perform functions and activities under |
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Section 2306.097, Government Code, as if that section had not been |
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transferred, redesignated, and amended by this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |