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A BILL TO BE ENTITLED
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AN ACT
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relating to the interconnection or deployment of distributed |
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generation by or for retail electric customers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.004(a), Utilities Code, is amended to |
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read as follows: |
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(a) All buyers of telecommunications and retail electric |
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services are entitled to: |
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(1) protection from fraudulent, unfair, misleading, |
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deceptive, or anticompetitive practices, including protection from |
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being billed for services that were not authorized or provided; |
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(2) choice of a telecommunications service provider, a |
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retail electric provider, or an electric utility, where that choice |
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is permitted by law, and to have that choice honored; |
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(3) information in English and Spanish and any other |
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language as the commission deems necessary concerning rates, key |
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terms and conditions, and the basis for any claim of environmental |
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benefits of certain production facilities; |
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(4) protection from discrimination on the basis of |
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race, color, sex, nationality, religion, marital status, income |
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level, or source of income and from unreasonable discrimination on |
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the basis of geographic location; |
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(5) impartial and prompt resolution of disputes with a |
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certificated telecommunications utility, a retail electric |
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provider, or an electric utility and disputes with a |
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telecommunications service provider related to unauthorized |
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charges and switching of service; |
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(6) privacy of customer consumption and credit |
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information; |
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(7) accuracy of metering and billing; |
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(8) bills presented in a clear, readable format and |
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easy-to-understand language that uses defined terms as required by |
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commission rules adopted under Section 17.003; |
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(9) information in English and Spanish and any other |
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language as the commission deems necessary concerning low-income |
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assistance programs and deferred payment plans; |
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(10) all consumer protections and disclosures |
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established by the Fair Credit Reporting Act (15 U.S.C. Section |
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1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601 |
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et seq.); [and] |
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(11) after retail competition begins as authorized by |
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the legislature, programs provided by retail electric providers |
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that offer eligible low-income customers energy efficiency |
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programs, an affordable rate package, and bill payment assistance |
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programs designed to reduce uncollectible accounts; and |
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(12) deploy emergency energy backup generation or |
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storage capability on the customer's premises, whether connected to |
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an electricity distribution system or not, if the generation or |
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storage complies with all applicable standards established by the |
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commission and local building codes. |
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SECTION 2. 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, 39.9051, 39.9052, [and] 39.914(e), and 39.9162, 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 3. Section 39.554, Utilities Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) An electric utility subject to this subchapter may not |
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require a distributed renewable generation owner of generation that |
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produces electricity using photovoltaic technology and complies |
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with the standards established by rule under Section 39.916(d) to |
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comply with additional safety, technical, or performance |
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standards. |
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SECTION 4. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.9162 to read as follows: |
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Sec. 39.9162. DISTRIBUTED SOLAR GENERATION PROTECTIONS. |
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(a) In this section, "distributed solar generation owner" means a |
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distributed renewable generation owner, as defined by Section |
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39.916, of generation that produces electricity using photovoltaic |
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technology. |
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(b) An electric cooperative, electric utility, municipally |
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owned utility, or retail electric provider may not: |
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(1) prohibit a distributed solar generation owner from |
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connecting a device or load on the circuit on which the generation |
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operates unless a meter used exclusively for monitoring the |
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generation of voluntary renewable energy credits is also installed |
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on that circuit; |
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(2) limit the point of interconnection of generation |
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that produces electricity using photovoltaic technology to a single |
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point of interconnection on a distributed solar generation owner's |
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side of the meter, unless required by the commission by rule; |
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(3) prohibit a distributed solar generation owner from |
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installing the generation on the owner's side of the meter; |
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(4) limit the size of a customer's generation system |
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that produces electricity using photovoltaic technology or the |
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amount of energy production from the system, other than limiting |
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the amount of possible exportation of energy to prevent an |
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exportation of energy that exceeds the customer's existing |
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electrical service transformer rating; |
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(5) prohibit a retail customer of the cooperative, |
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utility, or provider from purchasing or leasing generation that |
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produces electricity using photovoltaic technology; |
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(6) require a person who sells, leases, installs, or |
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maintains generation that produces electricity using photovoltaic |
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technology to or for a retail customer of the cooperative, utility, |
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or provider to hold any certification, license, or insurance not |
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required by state law; or |
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(7) require a distributed solar generation owner to |
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have the generation regularly inspected at the owner's expense. |
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(c) An electric cooperative, electric utility, municipally |
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owned utility, or retail electric provider shall approve or deny an |
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interconnection request submitted by a retail customer regarding |
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generation that produces electricity using photovoltaic technology |
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not later than the 21st day after the date the request is submitted. |
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(d) An electric cooperative, electric utility, or retail |
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electric provider may not require a distributed solar generation |
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owner whose generation complies with the standards established by |
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rule under Section 39.916(d) to comply with additional safety, |
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technical, or performance standards. |
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(e) The governing body of a municipally owned utility shall |
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adopt, implement, and enforce rules to comply with the requirements |
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of this section. An electric cooperative shall adopt, implement, |
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and enforce rules to comply with the requirements of this section. |
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SECTION 5. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |