| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the affordability of electric power for certain public |
|
|
retail customers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 182.022, Tax Code, is amended by adding |
|
|
Subsection (d) to read as follows: |
|
|
(d) Notwithstanding any other provisions of this chapter, a |
|
|
tax under this chapter may not be imposed on the gross receipts from |
|
|
the sale of electricity to a public retail customer as defined by |
|
|
section 35.101, Utilities Code. |
|
|
SECTION 2. Section 35.102, Utilities Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) In selling or otherwise conveying electric power under |
|
|
this section, the General Land Office letterhead, seal, or other |
|
|
marketing materials may only be used by a person employed by the |
|
|
General Land Office. For the purposes of this section, an employee |
|
|
of an entity with which the General Land Office contracts is not |
|
|
considered to be employed by the General Land Office. |
|
|
SECTION 3. Subchapter D, Chapter 35, Utilities Code, is |
|
|
amended by adding Section 35.1025 to read as follows: |
|
|
Sec. 35.1025. PUBLIC BID TO SELL POWER TO PUBLIC RETAIL |
|
|
CUSTOMERS. (a) The commissioner may not sell or otherwise convey |
|
|
power to a public retail customer unless the commissioner submits a |
|
|
public bid in response to a request for proposal in which bids are |
|
|
solicited from multiple power providers to provide power to the |
|
|
public retail customer. |
|
|
(b) A bid submitted by the commissioner to provide power to |
|
|
a public retail customer is subject to disclosure under Chapter |
|
|
552, Government Code. |
|
|
SECTION 4. The change in law made by this Act does not |
|
|
affect taxes imposed before the effective date of this Act, and the |
|
|
law in effect before the effective date of this Act is continued in |
|
|
effect for purposes of the liability for and collection of those |
|
|
taxes. |
|
|
SECTION 5. (a) As soon as practicable after the effective |
|
|
date of this Act, the Public Utility Commission of Texas, for an |
|
|
electric utility regulated under Chapter 36, Utilities Code, shall |
|
|
provide for the adjustment of the electric utility's billing of a |
|
|
public school district customer to reflect any decrease in the |
|
|
utility's tax liability to this state if the decrease is |
|
|
attributable to the exemption in Section 182.022(d), Tax Code, as |
|
|
added by this Act. An adjustment must be made effective at the same |
|
|
time as the decrease of tax liability or as soon after that decrease |
|
|
occurs as is reasonably practicable. The Public Utility Commission |
|
|
of Texas is not required to provide for an adjustment if the |
|
|
commission enters an order for the utility under Subchapter C or D, |
|
|
Chapter 36, Utilities Code, that accounts for any decrease in the |
|
|
utility's tax liability attributable to the exemption in Section |
|
|
182.022(d), Tax Code, as added by this Act. An adjustment is not a |
|
|
rate case under Subchapter C or D, Chapter 36, Utilities Code. |
|
|
(b) As soon as practicable after the effective date of this |
|
|
Act, a retail electric provider, as defined by Section 31.002, |
|
|
Utilities Code, shall adjust the billing of a public school |
|
|
district customer to reflect any decrease in the retail electric |
|
|
provider's tax liability to this state if the decrease is |
|
|
attributable to the exemption in Section 182.022(d), Tax Code, as |
|
|
added by this Act. An adjustment must be made effective at the same |
|
|
time as the decrease of tax liability or as soon after that decrease |
|
|
occurs as is reasonably practicable. |
|
|
SECTION 6. This Act takes effect September 1, 2019. |