Bill Text: TX HB10 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the governance of the Public Utility Commission of Texas, the Office of Public Utility Counsel, and an independent organization certified to manage a power region.
Spectrum: Slight Partisan Bill (Republican 32-12)
Status: (Engrossed - Dead) 2021-05-25 - Placed on intent calendar [HB10 Detail]
Download: Texas-2021-HB10-Engrossed.html
Bill Title: Relating to the governance of the Public Utility Commission of Texas, the Office of Public Utility Counsel, and an independent organization certified to manage a power region.
Spectrum: Slight Partisan Bill (Republican 32-12)
Status: (Engrossed - Dead) 2021-05-25 - Placed on intent calendar [HB10 Detail]
Download: Texas-2021-HB10-Engrossed.html
87R16124 CXP-F | ||
By: Paddie, Hernandez, et al. | H.B. No. 10 |
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relating to the governance of the Public Utility Commission of | ||
Texas, the Office of Public Utility Counsel, and an independent | ||
organization certified to manage a power region. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.052(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) The governor shall designate a commissioner as the | ||
presiding officer. The commissioner designated as the presiding | ||
officer must be a resident of this state. | ||
SECTION 2. Section 13.022(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) The counsellor must: | ||
(1) be licensed to practice law in this state and a | ||
resident of this state; | ||
(2) have demonstrated a strong commitment to and | ||
involvement in efforts to safeguard the rights of the public; and | ||
(3) possess the knowledge and experience necessary to | ||
practice effectively in utility proceedings. | ||
SECTION 3. Section 39.151, Utilities Code, is amended by | ||
amending Subsections (g) and (g-1) and adding Subsections (g-2), | ||
(g-3), (g-4), and (g-5) to read as follows: | ||
(g) To maintain certification as an independent | ||
organization under this section, an organization's governing body | ||
must be composed of persons specified by this section and selected | ||
in accordance with formal bylaws or protocols of the organization. | ||
The bylaws or protocols must be approved by the commission and must | ||
reflect the input of the commission. The bylaws must specify the | ||
process by which appropriate stakeholders elect members [ |
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in identifying candidates. 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 voting member; | ||
(4) six market participants elected by their | ||
respective market segments to serve one-year terms, with: | ||
(A) one representing independent generators; | ||
(B) one representing investor-owned utilities; | ||
(C) one representing power marketers; | ||
(D) one representing retail electric providers; | ||
(E) one representing municipally owned | ||
utilities; and | ||
(F) one representing electric cooperatives; | ||
(5) one member representing industrial consumer | ||
interests and elected by the industrial consumer market segment to | ||
serve a one-year term; | ||
(6) one member representing large commercial consumer | ||
interests selected in accordance with the bylaws to serve a | ||
one-year term; [ |
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(7) three members appointed by the governor, at least | ||
one of whom must represent residential consumer interests; | ||
(8) one member appointed by the lieutenant governor; | ||
and | ||
(9) one member appointed by the speaker of the house of | ||
representatives [ |
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(g-1) The governor shall designate the presiding officer of | ||
the independent organization's governing body [ |
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(g-2) Members of the governing body of an independent | ||
organization certified under this section appointed under | ||
Subsections (g)(7), (8), and (9) serve staggered terms of two | ||
years, with three members' terms expiring February 1 of each | ||
odd-numbered year and two members' terms expiring February 1 of | ||
each even-numbered year. Not later than the 30th day after the date | ||
a member of the governing body's term expires, the appropriate | ||
appointing authority shall appoint a replacement in the same manner | ||
as the original appointment. If a vacancy occurs on the governing | ||
body, the appropriate appointing authority shall appoint a | ||
successor in the same manner as the original appointment to serve | ||
for the remainder of the unexpired term. The appropriate | ||
appointing authority shall appoint the successor not later than the | ||
30th day after the date the vacancy occurs. | ||
(g-3) To qualify as a member of the governing body under | ||
Subsection (g)(4), (5), (6), (7), (8), or (9), a person must be a | ||
resident of this state. | ||
(g-4) To maintain certification as an independent | ||
organization under this section, an organization's chief executive | ||
officer must be a resident of this state. | ||
(g-5) A member of the governing body is not entitled to | ||
compensation, but is entitled to reimbursement for travel and other | ||
necessary expenses related to the activities of the independent | ||
organization as provided by the General Appropriations Act. | ||
SECTION 4. (a) As soon as practicable after the effective | ||
date of this Act, the governor, lieutenant governor, and speaker of | ||
the house of representatives shall comply with Section 39.151, | ||
Utilities Code, as amended by this Act, by appointing members to the | ||
governing body of an independent organization certified under | ||
Section 39.151, Utilities Code, by the Public Utility Commission of | ||
Texas before September 1, 2021. To establish staggered terms, the | ||
governor shall designate three initial appointees to serve terms | ||
expiring February 1 of the next odd-numbered year and two initial | ||
appointees to serve terms expiring February 1 of the next | ||
even-numbered year. | ||
(b) An independent organization certified under Section | ||
39.151, Utilities Code, by the Public Utility Commission of Texas | ||
before September 1, 2021, shall ensure that the chief executive | ||
officer of the organization is a resident of this state as soon as | ||
practicable, but not later than September 1, 2022. | ||
(c) After September 1, 2022, the Public Utility Commission | ||
of Texas may decertify an independent organization whose governing | ||
body or chief executive officer does not comply with Section | ||
39.151, Utilities Code, as amended by this Act. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |