88R9829 KBB-F
 
  By: Hancock S.B. No. 1594
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of an independent organization certified
  to manage a power region to amend bylaws and certificates of
  formation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.151, Utilities Code, is amended by
  amending Subsections (e-1) and (g-1) and adding Subsection (g-7) to
  read as follows:
         (e-1)  The review and approval of a proposed budget under
  Subsection (d-1) or a proceeding to authorize and set the range for
  the amount of a fee under Subsection (e) is not a contested case for
  purposes of Chapter 2001, Government Code, or subject to judicial
  review.
         (g-1)  Notwithstanding any provision of the Business
  Organizations Code, only the governing body of the independent
  organization has the authority to amend the bylaws and certificates
  of formation of the independent organization.  The independent
  organization's bylaws, certificates of formation, and [or]
  protocols must be approved by the commission and must reflect the
  input of the commission.  The bylaws must require that every member
  of the governing body be a resident of this state and must prohibit
  a legislator from serving as a member.  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 nonvoting member; and
               (4)  eight members selected by the selection committee
  under Section 39.1513 with executive-level experience in any of the
  following professions:
                     (A)  finance;
                     (B)  business;
                     (C)  engineering, including electrical
  engineering;
                     (D)  trading;
                     (E)  risk management;
                     (F)  law; or
                     (G)  electric market design.
         (g-7)  The commission's approval of or failure to approve the
  independent organization's bylaws, certificates of formation, or
  protocols is not a contested case for purposes of Chapter 2001,
  Government Code, or subject to judicial review.
         SECTION 2.  This Act takes effect September 1, 2023.