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A BILL TO BE ENTITLED
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AN ACT
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relating to the membership of the governing body of the independent |
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organization certified for the ERCOT power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.151, Utilities Code, is amended by |
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amending Subsections (g) and (g-1) and adding Subsection (g-2) to |
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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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(2) [(3)] the chief executive officer of the |
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independent organization as an ex officio voting member; |
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(3) [(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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(4) [(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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(5) [(6)] one member representing large commercial |
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consumer interests selected in accordance with the bylaws to serve |
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a one-year term; and |
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(6) (7) five members unaffiliated with any market |
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segment and selected by the other members of the governing body to |
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serve three-year terms. |
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(g-1) The presiding officer of the governing body must be |
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one of the members described by Subsection (g)(6) [(g)(7)]. |
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(g-2) To maintain certification as an independent |
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organization under this section, an organization's governing body |
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may not include a commissioner as a member. |
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SECTION 2. This Act takes effect September 1, 2021. |