87R13740 CXP-F
 
  By: Hernandez, Paddie, et al. H.B. No. 16
 
  Substitute the following for H.B. No. 16:
 
  By:  Howard C.S.H.B. No. 16
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of wholesale indexed products by retail
  electric providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 39, Utilities Code, is
  amended by adding Section 39.110 to read as follows:
         Sec. 39.110.  WHOLESALE INDEXED PRODUCTS PROHIBITED. (a)
  In this section, "wholesale indexed product" means a retail
  electric product in which the price a customer pays for electricity
  includes a direct pass-through of real-time settlement point prices
  determined by the independent organization certified under Section
  39.151 for the ERCOT power region.
         (b)  A retail electric provider may not offer a wholesale
  indexed product to a residential customer.
         SECTION 2.  Not later than December 1, 2021, the Public
  Utility Commission of Texas shall adopt any rules necessary to
  enforce Section 39.110, Utilities Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.