By: Buckingham S.B. No. 1470
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to chilled water service and district cooling systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.003, Utilities Code, is amended by
  adding Subdivision (8-a) and amending Subdivision (11) to read as
  follows:
               (8-a) "District cooling system" means a system that
  produces chilled water at a central plant and pipes that water to
  buildings for air conditioning.
               (11) "Municipally owned utility" means a utility owned,
  operated, and controlled by a municipality or by a nonprofit
  corporation the directors of which are appointed by one or more
  municipalities and includes any district cooling system operated by
  the utility.
         SECTION 2.  Section 552.133 (a-1)(2), Government Code, is
  amended by adding Subdivision (P) to read as follows:
                 (P)  information related to a chilled water program
  or program designed to used chilled water to reduce peak demand.
         SECTION 3.  Section 552.113 (b), Government Code, is amended
  to read as follows:
         (b)  Information or records are excepted from the
  requirements of Section 552.021 if the information or records are
  reasonably related to a competitive matter, as defined in this
  section. Information or records of a municipally owned utility
  that are reasonably related to a competitive matter are not subject
  to disclosure under this chapter, whether or not, under the
  Utilities Code, the municipally owned utility has adopted customer
  choice or serves in a multiply certificated service area. This
  section does not limit the right of a public power utility governing
  body to withhold from disclosure information deemed to be within
  the scope of any other exception provided for in this chapter,
  subject to the provisions of this chapter. Information reasonably
  related to a municipally owned utility's rate review process and
  how the municipality or municipally owned utility sets rates for
  electric service and chilled water service or any other service
  designed by the municipality or municipally owned utility to curb
  peak demand or shift load are subject to disclosure under this
  chapter and are not excepted from disclosure under this Act.
         SECTION 4.  This Act takes effect September 1, 2021.