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AN ACT
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relating to the establishment of rates for certain non-ERCOT |
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utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.112(g), Utilities Code, is amended to |
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read as follows: |
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(g) This section expires September 1, 2031 [2023]. |
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SECTION 2. Section 36.211(f), Utilities Code, is amended to |
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read as follows: |
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(f) This section expires September 1, 2031 [2023]. |
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SECTION 3. Section 36.212(g), Utilities Code, is amended to |
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read as follows: |
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(g) This section expires September 1, 2031 [2023]. |
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SECTION 4. Subchapter E, Chapter 36, Utilities Code, is |
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amended by adding Section 36.213 to read as follows: |
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Sec. 36.213. RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT |
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UTILITIES. (a) This section applies only to an electric utility |
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that operates solely outside of ERCOT. |
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(b) An electric utility may file, and the commission may |
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approve, an application for a rider to recover the electric |
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utility's investment in a power generation facility. |
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(c) An application under Subsection (b) may be filed by the |
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electric utility and approved by the commission before the electric |
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utility places the power generation facility in service. |
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(d) Any rider approved under Subsection (b) shall take |
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effect on the date the power generation facility begins providing |
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service to the electric utility's customers. |
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(e) Amounts recovered through a rider approved under |
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Subsection (b) are subject to reconciliation in the first |
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comprehensive base rate proceeding for the electric utility that |
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occurs after approval of the rider. During the reconciliation, the |
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commission shall determine if the amounts recovered through the |
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rider are reasonable and necessary. |
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(f) If a rider approved under Subsection (b) includes |
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incremental recovery for a power generation facility greater than |
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$200 million on a Texas jurisdictional basis |
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, the electric utility |
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that filed the rider shall initiate a comprehensive base rate |
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proceeding at the commission not later than 18 months after the date |
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the rider takes effect. |
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(g) The commission shall adopt rules as necessary to |
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implement this section. |
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(h) This section expires September 1, 2031. |
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SECTION 5. Not later than September 1, 2020, the Public |
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Utility Commission of Texas shall adopt rules required by Section |
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36.213(g), Utilities Code, as added by this Act. |
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SECTION 6. 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, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1397 was passed by the House on April |
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5, 2019, by the following vote: Yeas 141, Nays 1, 2 present, not |
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voting; that the House concurred in Senate amendments to H.B. No. |
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1397 on May 24, 2019, by the following vote: Yeas 142, Nays 0, 2 |
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present, not voting; and that the House adopted H.C.R. No. 184 |
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authorizing certain corrections in H.B. No. 1397 on May 24, 2019, by |
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the following vote: Yeas 141, Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1397 was passed by the Senate, with |
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amendments, on May 8, 2019, by the following vote: Yeas 30, Nays 1; |
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and that the Senate adopted H.C.R. No. 184 authorizing certain |
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corrections in H.B. No. 1397 on May 26, 2019, by the following vote: |
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Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |