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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the Public Utility Commission of Texas to |
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direct the comptroller to return the unappropriated balance of the |
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system benefit fund to retail electric customers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.9039 to read as follows: |
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Sec. 39.9039. DISBURSEMENT OF SYSTEM BENEFIT FUND BALANCE. |
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(a) After consultation with the comptroller, the commission by |
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rule shall establish a system for transmission and distribution |
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utilities, retail electric providers, municipally owned utilities, |
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or electric cooperatives to credit retail electric customers' bills |
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in amounts necessary to expend as fully as practicable the |
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appropriated balance of the system benefit fund transferred to a |
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special fund outside of the general revenue fund by Section 30, |
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Article VIII, Texas Constitution, in accordance with this section. |
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(b) The commission shall direct the comptroller to disburse |
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as much as practicable of the balance described by Subsection (a) as |
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soon as practicable and before September 1, 2014, in one or more |
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installments to transmission and distribution utilities, retail |
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electric providers, municipally owned utilities, or electric |
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cooperatives under the system established under Subsection (a) so |
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that each entity receives an amount necessary to give each retail |
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electric customer that has customer choice an equal credit so that |
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the total of the credits equals the total amount disbursed. |
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(c) The commission by rule shall require each entity |
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receiving disbursements under this section to ensure that retail |
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electric customers that have customer choice, through one or more |
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billings for electric services between the time the entity receives |
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a disbursement under this section and August 31, 2014, each receive |
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equal credits that, in the aggregate, equal the amount of the |
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disbursements received under this section, less a reasonable amount |
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to reimburse the entity for administering this section as |
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established by the commission in an amount not to exceed two percent |
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of the disbursements. The commission by rule shall ensure that the |
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customer is provided, with the customer's bill, notice that the |
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refund of the system benefit fund fee is "provided by the Texas |
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Legislature." |
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(d) The comptroller and commission jointly shall issue a |
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report on the progress made in developing and implementing the |
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system required to be established by Subsection (a), and in |
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disbursing the amount appropriated from the system benefit fund |
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through that system, not later than December 15, 2014. The report |
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issued under this subsection must be presented in writing to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, and the standing committees of the senate and |
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house of representatives having primary jurisdiction over electric |
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utilities. |
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(e) The comptroller on September 1, 2014, shall deposit to |
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the credit of the system benefit fund any undisbursed balance of the |
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special fund. |
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(f) This section expires September 1, 2015. |
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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, 2013. |