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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an independent organization certified |
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to manage a power region to amend bylaws and certificates of |
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formation. |
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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 (e-1) and (g-1) and adding Subsection (g-7) to |
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read as follows: |
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(e-1) The review and approval of a proposed budget under |
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Subsection (d-1) or a proceeding to authorize and set the range for |
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the amount of a fee under Subsection (e) is not a contested case for |
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purposes of Chapter 2001, Government Code, or subject to judicial |
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review. |
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(g-1) Notwithstanding any provision of the Business |
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Organizations Code, only the governing body of the independent |
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organization has the authority to amend the bylaws and certificates |
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of formation of the independent organization. The independent |
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organization's bylaws, certificates of formation, and [or] |
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protocols must be approved by the commission and must reflect the |
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input of the commission. The bylaws must require that every member |
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of the governing body be a resident of this state and must prohibit |
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a legislator from serving as a member. The governing body must be |
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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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(3) the chief executive officer of the independent |
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organization as an ex officio nonvoting member; and |
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(4) eight members selected by the selection committee |
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under Section 39.1513 with executive-level experience in any of the |
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following professions: |
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(A) finance; |
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(B) business; |
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(C) engineering, including electrical |
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engineering; |
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(D) trading; |
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(E) risk management; |
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(F) law; or |
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(G) electric market design. |
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(g-7) The commission's approval of or failure to approve the |
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independent organization's bylaws, certificates of formation, or |
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protocols is not a contested case for purposes of Chapter 2001, |
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Government Code, or subject to judicial review. |
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SECTION 2. This Act takes effect September 1, 2023. |