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A BILL TO BE ENTITLED
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AN ACT
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relating to chilled water service and district cooling systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.003, Utilities Code, is amended by |
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adding Subdivision (8-a) and amending Subdivision (11) to read as |
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follows: |
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(8-a) "District cooling system" means a system that |
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produces chilled water at a central plant and pipes that water to |
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buildings for air conditioning. |
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(11) "Municipally owned utility" means a utility owned, |
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operated, and controlled by a municipality or by a nonprofit |
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corporation the directors of which are appointed by one or more |
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municipalities and includes any district cooling system operated by |
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the utility. |
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SECTION 2. Section 552.133 (a-1)(2), Government Code, is |
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amended by adding Subdivision (P) to read as follows: |
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(P) information related to a chilled water program |
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or program designed to used chilled water to reduce peak demand. |
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SECTION 3. Section 552.113 (b), Government Code, is amended |
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to read as follows: |
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(b) Information or records are excepted from the |
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requirements of Section 552.021 if the information or records are |
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reasonably related to a competitive matter, as defined in this |
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section. Information or records of a municipally owned utility |
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that are reasonably related to a competitive matter are not subject |
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to disclosure under this chapter, whether or not, under the |
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Utilities Code, the municipally owned utility has adopted customer |
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choice or serves in a multiply certificated service area. This |
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section does not limit the right of a public power utility governing |
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body to withhold from disclosure information deemed to be within |
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the scope of any other exception provided for in this chapter, |
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subject to the provisions of this chapter. Information reasonably |
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related to a municipally owned utility's rate review process and |
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how the municipality or municipally owned utility sets rates for |
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electric service and chilled water service or any other service |
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designed by the municipality or municipally owned utility to curb |
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peak demand or shift load are subject to disclosure under this |
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chapter and are not excepted from disclosure under this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |