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A BILL TO BE ENTITLED
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AN ACT
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relating to electricity service provided by certain municipally |
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owned utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Utilities Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. REVIEW OF RATES OF CERTAIN MUNICIPAL UTILITIES |
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Sec. 32.151. APPLICABILITY. This subchapter applies only |
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to a municipally owned utility that provides service in the Capitol |
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complex, as defined by Section 443.0071, Government Code. |
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Sec. 32.152. REVIEW OF RATES; CUSTOMER CHOICE. (a) |
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Notwithstanding any other law, a retail customer or group of |
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customers may file a petition for commission review of current or |
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proposed rates of a municipally owned utility that apply to the |
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petitioning customer or group if the customer or group: |
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(1) has a non-demand metered total usage of more than |
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100,000 kilowatt hours per year; or |
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(2) is served through a demand meter at secondary or |
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primary voltage. |
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(b) The commission shall initiate a proceeding not later |
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than the 90th day after the petition is submitted to determine |
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whether the rates of the municipally owned utility are consistent |
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with the rates available to similarly situated customers in areas |
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of the state that have access to customer choice. If the commission |
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determines that the rates of the municipally owned utility are |
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consistent with the rates available to similarly situated customers |
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in areas of the state that have access to customer choice, the |
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commission shall deny the petition. |
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(c) If the commission does not deny the petition under |
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Subsection (b), not later than the 90th day after the date of the |
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determination described by Subsection (b), the municipally owned |
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utility shall file a rate application with the commission that |
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complies in all material respects with the rules and forms |
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prescribed by the commission. The commission for good cause may |
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extend the deadline for filing the rate application. |
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(d) The commission shall conduct a full review of the rates |
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applicable to the petitioning customer or group to determine |
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whether those rates are just and reasonable using the standards |
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prescribed by Chapter 36, notwithstanding the lack of consistency |
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between those rates and rates available to similarly situated |
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customers in areas of the state that have access to customer choice. |
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If the commission determines that the rates are just and |
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reasonable, the commission shall deny the petition. If the |
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commission determines that the rates are not just and reasonable, |
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the commission shall set rates for the petitioning customer or |
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group that are just, reasonable, and consistent with the rates |
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available to similarly situated customers in areas of the state |
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that have access to customer choice. |
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SECTION 2. This Act takes effect September 1, 2019. |