By: Springer S.B. No. 743
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the governing body of the independent organization to
  ensure access, reliability, adequacy, production, and market
  information of the ERCOT power region.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.151, UTILITY CODE, is amended 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;
               (3)  the chief executive officer of the independent
  organization as an ex officio voting member;
               (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;
               (5)  one member representing industrial consumer
  interests and elected by the industrial consumer market segment to
  serve a one-year term;
               (6)  one member representing large commercial consumer
  interests selected in accordance with the bylaws to serve a
  one-year term; and
               (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)(7)
         (g-2)  To maintain certification as an independent
  organization under this section, all board members of the governing
  body under this Subsection must be a resident of Texas for tax
  purposes.
         SECTION 2.  (a) An independent organization certified under
  Section 39.151, Utilities Code, by the Public Utility Commission of
  Texas before September 1, 2021, shall hold elections and select new
  members as needed to modify the organization's governing body to
  comply with Section 39.151, Utilities Code, as amended by this Act,
  as soon as practicable, but not later than September 1, 2022.
         (b)  An independent organization certified under Section
  39.151, Utilities Code, by the Public Utility Commission of Texas
  before September 1, 2021, shall ensure that the chief executive
  officer of the organization is a resident of this state as soon as
  practicable, but not later than September 1, 2022.
         (c)  After September 1, 2022, the Public Utility Commission
  of Texas may decertify an independent organization whose governing
  body or chief executive officer does not comply with Section
  39.151, Utilities Code, as amended by this Act.
         SECTION 3.  This Act takes effect September 1, 2021.