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A BILL TO BE ENTITLED
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AN ACT
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relating to the interconnection of wind or solar power facilities |
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that use critical electric grid equipment purchased from certain |
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companies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.002, Utilities Code, is amended to |
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read as follows: |
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Sec. 39.002. APPLICABILITY. This chapter, other than |
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Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162, |
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39.163, 39.203, 39.360(f-1), 39.9051, 39.9052, and 39.914(e), and |
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Subchapters M and N, does not apply to a municipally owned utility |
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or an electric cooperative. Sections 39.157(e) and 39.203 apply |
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only to a municipally owned utility or an electric cooperative that |
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is offering customer choice. If there is a conflict between the |
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specific provisions of this chapter and any other provisions of |
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this title, except for Chapters 40 and 41, the provisions of this |
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chapter control. |
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SECTION 2. Section 39.360, Utilities Code, as added by |
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Chapter 464 (S.B. 2013), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by amending Subsections (a), (b), (c), |
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(d), and (e) and adding Subsection (f-1) to read as follows: |
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(a) In this section, "company" and "critical |
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infrastructure" have the meanings assigned by Section 117.001 |
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[113.001], Business & Commerce Code[, as added by Chapter 975 (S.B. |
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2116), Acts of the 87th Legislature, Regular Session, 2021]. |
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(b) An independent organization certified under Section |
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39.151 may not register a business entity or maintain the |
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registration of a business entity to operate in the power region for |
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which the independent organization is certified unless the business |
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entity attests that the entity complies with Chapter 117 [113], |
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Business & Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts |
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of the 87th Legislature, Regular Session, 2021]. |
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(c) An independent organization certified under Section |
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39.151 shall require as a condition of operating in the power region |
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for which the independent organization is certified that a business |
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entity report to the independent organization the purchase of any |
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critical electric grid equipment or service from a company |
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described by Section 117.002(a)(2) [113.002(a)(2)], Business & |
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Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts of the |
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87th Legislature, Regular Session, 2021]. |
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(d) For each purchase reported by a business entity under |
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Subsection (c), the business entity shall submit an attestation to |
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the independent organization that the purchase will not result in |
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access to or control of its critical electric grid equipment by a |
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company described by Section 117.002(a)(2) [113.002(a)(2)], |
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Business & Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts |
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of the 87th Legislature, Regular Session, 2021], excluding access |
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specifically allowed by the business entity for product warranty |
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and support purposes. |
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(e) Notwithstanding any other law, an independent |
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organization certified under Section 39.151 may immediately |
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suspend or terminate a company's registration or access to any of |
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the independent organization's systems if the independent |
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organization has a reasonable suspicion that the company meets any |
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of the criteria described by Section 2275.0102(a)(2) |
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[2274.0102(a)(2)], Government Code[, as added by Chapter 975 (S.B. |
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2116), Acts of the 87th Legislature, Regular Session, 2021]. |
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(f-1) The commission by rule shall require as a condition of |
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interconnecting after September 1, 2025, a wind power facility, as |
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defined by Section 301.0001, or a solar power facility, as defined |
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by Section 302.0001, used to sell energy at wholesale, by an |
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electric cooperative, municipally owned utility, or power |
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generation company that the cooperative, utility, or company submit |
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an attestation that the facility does not use any critical electric |
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grid equipment purchased from a company described by Section |
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117.002(a)(2), Business & Commerce Code. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |