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A BILL TO BE ENTITLED
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AN ACT
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relating to public meetings and information disclosure exemptions |
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for public power utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 551.086, Government |
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Code, is amended to read as follows: |
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(c) This chapter does not require a public power utility |
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governing body to conduct an open meeting to deliberate, vote, or |
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take final action on any competitive matter, as that term is defined |
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in Section 552.133 [Subsection (b)(3). Before a public power
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utility governing body may deliberate, vote, or take final action
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on any competitive matter in a closed meeting, the public power
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utility governing body must first make a good faith determination,
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by majority vote of its members, that the matter is a competitive
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matter that satisfies the requirements of Subsection (b)(3). The
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vote shall be taken during the closed meeting and be included in the
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certified agenda or tape recording of the closed meeting. If a
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public power utility governing body fails to determine by that vote
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that the matter satisfies the requirements of Subsection (b)(3),
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the public power utility governing body may not deliberate or take
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any further action on the matter in the closed meeting]. This |
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section does not limit the right of a public power utility governing |
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body to hold a closed session under any other exception provided for |
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in this chapter. |
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SECTION 2. Section 552.133, Government Code, is amended to |
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read as follows: |
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Sec. 552.133. EXCEPTION: PUBLIC POWER UTILITY COMPETITIVE |
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MATTERS. (a) In this section: |
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(1) "Public power utility" means an entity providing |
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electric or gas utility services that is subject to the provisions |
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of this chapter. |
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(2) ["Public power utility governing body" means
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the board of trustees or other applicable governing body, including
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a city council, of a public power utility.
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[(3)] "Competitive matter" means a |
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utility-related matter that [the public power utility governing
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body in good faith determines by a vote under this section] is |
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related to the public power utility's competitive activity, |
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including commercial information, and would, if disclosed, give |
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advantage to competitors or prospective competitors. |
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(b) For purposes of this section: |
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(1) a competitive matter is a matter that is |
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reasonably related to the following categories of information: |
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(A) generation unit specific and portfolio fixed |
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and variable costs, including forecasts of such costs, capital |
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improvement plans for generation units, and generation unit |
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operating characteristics and outage scheduling; |
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(B) bidding and pricing information for |
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purchased power, generation and fuel, and Electric Reliability |
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Council of Texas bids, prices, offers, and related services and |
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strategies; |
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(C) effective fuel and purchased power |
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agreements and fuel transportation arrangements and contracts; |
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(D) risk management information, contracts, and |
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strategies, including fuel hedging and storage; |
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(E) plans, studies, proposals, and analyses for |
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system improvements, additions, or sales, other than transmission |
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and distribution system improvements inside the service area for |
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which the public power utility is the sole certificated retail |
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provider; and |
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(F) customer billing, contract, and usage |
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information, electric power pricing information, system load |
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characteristics, and electric power marketing analyses and |
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strategies; and |
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(2) a competitive matter [but] may not be deemed to |
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include the following categories of information: |
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(A) information relating to the provision of |
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distribution access service, including the terms and conditions of |
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the service and the rates charged for the service but not including |
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information concerning utility-related services or products that |
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are competitive; |
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(B) information relating to the provision of |
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transmission service that is required to be filed with the Public |
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Utility Commission of Texas, subject to any confidentiality |
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provided for under the rules of the commission; |
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(C) information for the distribution system |
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pertaining to reliability and continuity of service, to the extent |
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not security-sensitive, that relates to emergency management, |
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identification of critical loads such as hospitals and police, |
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records of interruption, and distribution feeder standards; |
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(D) any substantive rule or tariff of general |
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applicability regarding rates, service offerings, service |
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regulation, customer protections, or customer service adopted by |
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the public power utility as authorized by law; |
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(E) aggregate information reflecting receipts or |
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expenditures of funds of the public power utility, of the type that |
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would be included in audited financial statements; |
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(F) information relating to equal employment |
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opportunities for minority groups, as filed with local, state, or |
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federal agencies; |
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(G) information relating to the public power |
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utility's performance in contracting with minority business |
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entities; |
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(H) information relating to nuclear |
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decommissioning trust agreements, of the type required to be |
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included in audited financial statements; |
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(I) information relating to the amount and timing |
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of any transfer to an owning city's general fund; |
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(J) information relating to environmental |
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compliance as required to be filed with any local, state, or |
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national environmental authority, subject to any confidentiality |
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provided under the rules of those authorities; |
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(K) names of public officers of the public power |
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utility and the voting records of those officers for all matters |
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other than those within the scope of a competitive resolution |
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provided for by this section; |
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(L) a description of the public power utility's |
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central and field organization, including the established places at |
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which the public may obtain information, submit information and |
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requests, or obtain decisions and the identification of employees |
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from whom the public may obtain information, submit information or |
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requests, or obtain decisions; [or] |
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(M) information identifying the general course |
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and method by which the public power utility's functions are |
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channeled and determined, including the nature and requirements of |
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all formal and informal policies and procedures; |
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(N) salaries and total compensation of all |
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employees of a public power utility; or |
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(O) information publicly released by the |
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Electric Reliability Council of Texas pursuant to a law, rule, or |
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protocol generally applicable to similarly situated market |
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participants. |
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(c) [(b)] Information or records are excepted from the |
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requirements of Section 552.021 if the information or records are |
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reasonably related to a competitive matter, as defined in this |
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section. [Excepted information or records include the text of any
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resolution of the public power utility governing body determining
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which issues, activities, or matters constitute competitive
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matters.] Information or records of a municipally owned utility |
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that are reasonably related to a competitive matter are not subject |
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to disclosure under this chapter, whether or not, under the |
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Utilities Code, the municipally owned utility has adopted customer |
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choice or serves in a multiply certificated service area. This |
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section does not limit the right of a public power utility governing |
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body to withhold from disclosure information deemed to be within |
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the scope of any other exception provided for in this chapter, |
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subject to the provisions of this chapter. |
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[(c)
In connection with any request for an opinion of the
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attorney general under Section 552.301 with respect to information
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alleged to fall under this exception, in rendering a written
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opinion under Section 552.306 the attorney general shall find the
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requested information to be outside the scope of this exception
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only if the attorney general determines, based on the information
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provided in connection with the request:
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[(1)
that the public power utility governing body has
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failed to act in good faith in making the determination that the
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issue, matter, or activity in question is a competitive matter; or
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[(2)
that the information or records sought to be
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withheld are not reasonably related to a competitive matter.] |
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(d) The requirement of Section 552.022 that a category of |
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information listed under Section 552.022(a) is public information |
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and not excepted from required disclosure under this chapter unless |
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expressly confidential under law does not apply to information that |
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is excepted from required disclosure under this section. |
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SECTION 3. Subdivision (3), Subsection (b), Section |
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551.086, Government Code, is repealed. |
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SECTION 4. 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 on the 91st day after the last day of the |
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legislative session. |