87R10707 CXP-D
 
  By: Davis H.B. No. 2529
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the membership of the governing body of the independent
  organization certified for the ERCOT power region.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.151, Utilities Code, is amended by
  amending Subsections (g) and (g-1) and adding Subsection (g-2) to
  read as follows:
         (g)  To maintain certification as an independent
  organization under this section, an organization's governing body
  must be composed of persons specified by this section and selected
  in accordance with formal bylaws or protocols of the organization.
  The bylaws or protocols must be approved by the commission and must
  reflect the input of the commission. The bylaws must specify the
  process by which appropriate stakeholders elect members and, for
  unaffiliated members, prescribe professional qualifications for
  selection as a member. The bylaws must require the use of a
  professional search firm to identify candidates for membership of
  unaffiliated members. The process must allow for commission input
  in identifying candidates. The governing body must be composed of:
               (1)  [the chairman of the commission as an ex officio
  nonvoting member;
               [(2)] the counsellor as an ex officio voting member
  representing residential and small commercial consumer interests;
               (2) [(3)]  the chief executive officer of the
  independent organization as an ex officio voting member;
               (3) [(4)]  six market participants elected by their
  respective market segments to serve one-year terms, with:
                     (A)  one representing independent generators;
                     (B)  one representing investor-owned utilities;
                     (C)  one representing power marketers;
                     (D)  one representing retail electric providers;
                     (E)  one representing municipally owned
  utilities; and
                     (F)  one representing electric cooperatives;
               (4) [(5)]  one member representing industrial consumer
  interests and elected by the industrial consumer market segment to
  serve a one-year term;
               (5) [(6)]  one member representing large commercial
  consumer interests selected in accordance with the bylaws to serve
  a one-year term; and
               (6) (7)  five members unaffiliated with any market
  segment and selected by the other members of the governing body to
  serve three-year terms.
         (g-1)  The presiding officer of the governing body must be
  one of the members described by Subsection (g)(6) [(g)(7)].
         (g-2)  To maintain certification as an independent
  organization under this section, an organization's governing body
  may not include a commissioner as a member.
         SECTION 2.  This Act takes effect September 1, 2021.