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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 rule |
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shall establish a system for transmission and distribution |
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utilities, municipally owned utilities, and electric cooperatives |
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to credit retail electric customers' bills in amounts necessary to |
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fully expend the 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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the balance described by Subsection (a) on or after September 1, |
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2015, and before January 1, 2019, in monthly installments to |
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transmission and distribution utilities, municipally owned |
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utilities, and electric cooperatives under the system established |
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under Subsection (a) so that the entities receive disbursements in |
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proportion to the fees paid by retail electric customers in the |
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service areas of the entities since the system benefit fund fee was |
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first imposed under Section 39.903. The commission by rule shall |
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require the disbursements to be passed through to a retail electric |
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provider and require the provider to credit a customer's bill under |
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the system. |
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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, through billing for electric services between |
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September 1, 2015, and December 31, 2018, receive credits that, in |
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the aggregate, equal the amount of the disbursements received under |
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this section, less a reasonable amount to reimburse the entity for |
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administering this section as established by the commission in an |
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amount not to exceed two percent of the disbursements. |
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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) not later than |
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December 15, 2014, and shall issue reports on the progress made in |
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disbursing the system benefit fund through the system developed |
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under that subsection not later than December 15, 2016, and |
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December 15, 2018. The reports issued under this subsection must be |
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presented in writing to the governor, the lieutenant governor, the |
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speaker of the house of representatives, and the standing |
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committees of the senate and house of representatives having |
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primary jurisdiction over electric utilities. |
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(e) This section expires January 1, 2021. |
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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. |