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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the General Land Office to sell retail |
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electric power. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.102, Utilities Code, is transferred |
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to Subchapter A, Chapter 101, Utilities Code, redesignated as |
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Section 101.009, Utilities Code, and amended to read as follows: |
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Sec. 101.009 [35.102]. STATE AUTHORITY TO SELL OR CONVEY |
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[POWER OR] NATURAL GAS. (a) In this section: |
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(1) "Commissioner" means the commissioner of the |
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General Land Office. |
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(2) "Public retail customer" means a retail customer |
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that is an agency of this state, a state institution of higher |
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education, a public school district, a political subdivision of |
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this state, a military installation of the United States, or a |
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United States Department of Veterans Affairs facility. |
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(b) The commissioner, acting on behalf of the state, may |
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sell or otherwise convey [power or] natural gas generated from |
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royalties taken in kind as provided by Sections 52.133(f), 53.026, |
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and 53.077, Natural Resources Code, directly to a public retail |
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customer [regardless of whether the public retail customer is also
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classified as a wholesale customer under other provisions of this
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title]. |
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(c) [(b)] To ensure that the state receives the maximum |
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benefit from the sale of [power or] natural gas generated from |
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royalties taken in kind, the commissioner shall use all feasible |
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means to sell that [power or] natural gas first to public retail |
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customers that are military installations of the United States, |
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agencies of this state, institutions of higher education, or public |
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school districts. The remainder of the [power or] natural gas, if |
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any, may be sold to public retail customers that are political |
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subdivisions of this state or to a United States Department of |
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Veterans Affairs facility. |
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SECTION 2. Section 104.2545(d), Utilities Code, is amended |
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to read as follows: |
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(d) In this section, "public retail customer" has the |
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meaning assigned by Section 101.009 [35.101]. |
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SECTION 3. (a) The heading to Subchapter D, Chapter 35, |
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Utilities Code, is repealed. |
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(b) Sections 35.101, 35.103, 35.104, 35.105, and 35.106, |
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Utilities Code, are repealed. |
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SECTION 4. (a) The General Land Office or an entity |
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operating under a contract with the General Land Office may |
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continue to provide retail electric service in accordance with |
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Subchapter D, Chapter 35, Utilities Code, as that subchapter |
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existed before the effective date of this Act, under the terms of an |
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agreement with a customer entered into before the effective date of |
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this Act, only until the date the agreement expires. |
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(b) The General Land Office may not renew or extend the |
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expiration or termination date of a contract to provide retail |
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electric service in accordance with Subchapter D, Chapter 35, |
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Utilities Code, after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |
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