| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to authorizing the Public Utility Commission of Texas to |
|
|
direct the comptroller to return the unappropriated balance of the |
|
|
system benefit fund to retail electric customers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is |
|
|
amended by adding Section 39.9039 to read as follows: |
|
|
Sec. 39.9039. DISBURSEMENT OF SYSTEM BENEFIT FUND BALANCE. |
|
|
(a) After consultation with the comptroller, the commission by |
|
|
rule shall establish a system for transmission and distribution |
|
|
utilities, retail electric providers, municipally owned utilities, |
|
|
or electric cooperatives to credit retail electric customers' bills |
|
|
in amounts necessary to expend as fully as practicable the |
|
|
appropriated balance of the system benefit fund transferred to a |
|
|
special fund outside of the general revenue fund by Section 30, |
|
|
Article VIII, Texas Constitution, in accordance with this section. |
|
|
(b) The commission shall direct the comptroller to disburse |
|
|
as much as practicable of the balance described by Subsection (a) as |
|
|
soon as practicable and before September 1, 2014, in one or more |
|
|
installments to transmission and distribution utilities, retail |
|
|
electric providers, municipally owned utilities, or electric |
|
|
cooperatives under the system established under Subsection (a) so |
|
|
that the entities receive disbursements in proportion to the fees |
|
|
paid by retail electric customers in the service areas of the |
|
|
entities since the system benefit fund fee was first imposed under |
|
|
Section 39.903. |
|
|
(c) The commission by rule shall require each entity |
|
|
receiving disbursements under this section to ensure that retail |
|
|
electric customers, through one or more billings for electric |
|
|
services between the time the entity receives a disbursement under |
|
|
this section and August 31, 2014, receive credits that, in the |
|
|
aggregate, equal the amount of the disbursements received under |
|
|
this section, less a reasonable amount to reimburse the entity for |
|
|
administering this section as established by the commission in an |
|
|
amount not to exceed two percent of the disbursements. The |
|
|
commission by rule shall ensure that the credit amount that appears |
|
|
on a customer's bill is clearly labeled "refund of system benefit |
|
|
fund fee as provided by the Texas Legislature." |
|
|
(d) The comptroller and commission jointly shall issue a |
|
|
report on the progress made in developing and implementing the |
|
|
system required to be established by Subsection (a), and in |
|
|
disbursing the amount appropriated from the system benefit fund |
|
|
through that system, not later than December 15, 2014. The report |
|
|
issued under this subsection must be presented in writing to the |
|
|
governor, the lieutenant governor, the speaker of the house of |
|
|
representatives, and the standing committees of the senate and |
|
|
house of representatives having primary jurisdiction over electric |
|
|
utilities. |
|
|
(e) The comptroller on September 1, 2014, shall deposit to |
|
|
the credit of the system benefit fund any undisbursed balance of the |
|
|
special fund. |
|
|
(f) This section expires September 1, 2015. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2013. |
|
|
|
|
|
* * * * * |