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A BILL TO BE ENTITLED
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AN ACT
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relating to the governance of the Public Utility Commission of |
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Texas, the Office of Public Utility Counsel, and an independent |
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organization certified to manage a power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.052(a), Utilities Code, is amended to |
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read as follows: |
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(a) The governor shall designate a commissioner as the |
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presiding officer. The commissioner designated as the presiding |
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officer must be a resident of this state. |
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SECTION 2. Section 13.022(a), Utilities Code, is amended to |
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read as follows: |
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(a) The counsellor must: |
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(1) be licensed to practice law in this state and a |
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resident of this state; |
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(2) have demonstrated a strong commitment to and |
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involvement in efforts to safeguard the rights of the public; and |
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(3) possess the knowledge and experience necessary to |
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practice effectively in utility proceedings. |
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SECTION 3. Section 39.151, Utilities Code, is amended by |
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amending Subsections (g) and (g-1) and adding Subsections (g-2), |
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(g-3), (g-4), and (g-5) to read as follows: |
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(g) To maintain certification as an independent |
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organization under this section, an organization's governing body |
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must be composed of persons specified by this section and selected |
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in accordance with formal bylaws or protocols of the organization. |
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The bylaws or protocols must be approved by the commission and must |
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reflect the input of the commission. The bylaws must specify the |
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process by which appropriate stakeholders elect members [and, for |
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unaffiliated members, prescribe professional qualifications for |
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selection as a member. The bylaws must require the use of a |
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professional search firm to identify candidates for membership of |
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unaffiliated members]. The process must allow for commission input |
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in identifying candidates. The governing body must be composed of: |
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(1) the chairman of the commission as an ex officio |
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nonvoting member; |
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(2) the counsellor as an ex officio voting member |
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representing residential and small commercial consumer interests; |
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(3) the chief executive officer of the independent |
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organization as an ex officio voting member; |
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(4) six market participants elected by their |
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respective market segments to serve one-year terms, with: |
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(A) one representing independent generators; |
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(B) one representing investor-owned utilities; |
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(C) one representing power marketers; |
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(D) one representing retail electric providers; |
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(E) one representing municipally owned |
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utilities; and |
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(F) one representing electric cooperatives; |
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(5) one member representing industrial consumer |
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interests and elected by the industrial consumer market segment to |
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serve a one-year term; |
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(6) one member representing large commercial consumer |
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interests selected in accordance with the bylaws to serve a |
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one-year term; [and] |
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(7) three members appointed by the governor, at least |
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one of whom must represent residential consumer interests; |
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(8) one member appointed by the lieutenant governor; |
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and |
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(9) one member appointed by the speaker of the house of |
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representatives [five members unaffiliated with any market segment |
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and selected by the other members of the governing body to serve |
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three-year terms]. |
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(g-1) The governor shall designate the presiding officer of |
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the independent organization's governing body [must be one of the |
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members described by Subsection (g)(7)]. |
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(g-2) Members of the governing body of an independent |
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organization certified under this section appointed under |
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Subsections (g)(7), (8), and (9) serve staggered terms of two |
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years, with three members' terms expiring February 1 of each |
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odd-numbered year and two members' terms expiring February 1 of |
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each even-numbered year. Not later than the 30th day after the date |
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a member of the governing body's term expires, the appropriate |
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appointing authority shall appoint a replacement in the same manner |
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as the original appointment. If a vacancy occurs on the governing |
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body, the appropriate appointing authority shall appoint a |
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successor in the same manner as the original appointment to serve |
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for the remainder of the unexpired term. The appropriate |
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appointing authority shall appoint the successor not later than the |
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30th day after the date the vacancy occurs. |
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(g-3) To qualify as a member of the governing body under |
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Subsection (g)(4), (5), (6), (7), (8), or (9), a person must be a |
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resident of this state. |
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(g-4) To maintain certification as an independent |
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organization under this section, an organization's chief executive |
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officer must be a resident of this state. |
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(g-5) A member of the governing body is not entitled to |
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compensation, but is entitled to reimbursement for travel and other |
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necessary expenses related to the activities of the independent |
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organization as provided by the General Appropriations Act. |
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SECTION 4. (a) As soon as practicable after the effective |
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date of this Act, the governor, lieutenant governor, and speaker of |
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the house of representatives shall comply with Section 39.151, |
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Utilities Code, as amended by this Act, by appointing members to the |
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governing body of an independent organization certified under |
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Section 39.151, Utilities Code, by the Public Utility Commission of |
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Texas before September 1, 2021. To establish staggered terms, the |
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governor shall designate three initial appointees to serve terms |
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expiring February 1 of the next odd-numbered year and two initial |
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appointees to serve terms expiring February 1 of the next |
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even-numbered year. |
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(b) An independent organization certified under Section |
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39.151, Utilities Code, by the Public Utility Commission of Texas |
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before September 1, 2021, shall ensure that the chief executive |
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officer of the organization is a resident of this state as soon as |
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practicable, but not later than September 1, 2022. |
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(c) After September 1, 2022, the Public Utility Commission |
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of Texas may decertify an independent organization whose governing |
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body or chief executive officer does not comply with Section |
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39.151, Utilities Code, as amended by this Act. |
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SECTION 5. 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, 2021. |