Bill Text: TX HB3062 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the governing body of the independent organization certified to manage the ERCOT power region.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-19 - Referred to State Affairs [HB3062 Detail]

Download: Texas-2021-HB3062-Introduced.html

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87R11527 CXP-F
By: Thierry H.B. No. 3062

A BILL TO BE ENTITLED
AN ACT
relating to the governing body of the independent organization
certified to manage the ERCOT power region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.151, Utilities Code, is amended by
amending Subsection (g) and adding Subsections (g-2), (g-3), and
(g-4) 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 and, for
unaffiliated members, prescribe professional qualifications for
selection as a member. The bylaws must require the use of a
professional search firm to identify candidates for membership of
unaffiliated members. The process must allow for commission input
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; and
(7) five members who are informed residential
customers whose primary residences have a diverse range of property
values, with:
(A) one member whose primary residence has a
property value of less than $75,000;
(B) one member whose primary residence has a
property value of at least $75,000 but less than $125,000;
(C) one member whose primary residence has a
property value of at least $125,000 but less than $175,000;
(D) one member whose primary residence has a
property value of at least $175,000 but less than $225,000; and
(E) one member whose primary residence has a
property value of at least $225,000 [five members unaffiliated with
any market segment and selected by the other members of the
governing body to serve three-year terms].
(g-2) Members of the organization's governing body required
by Subsections (g)(4), (5), and (6) must be 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 and, for unaffiliated
members, prescribe professional qualifications for selection as a
member. The bylaws must require the use of a professional search
firm to identify candidates for membership of unaffiliated members.
The process must allow for commission input in identifying
candidates.
(g-3) To qualify to serve as a member of the governing body
under Subsection (g)(4), (5), (6), or (7), 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.
SECTION 2. (a) An independent organization certified under
Section 39.151, Utilities Code, by the Public Utility Commission of
Texas before September 1, 2021, shall hold elections and select new
members as needed to modify the organization's governing body to
comply with Section 39.151, Utilities Code, as amended by this Act,
as soon as practicable, but not later than September 1, 2022.
(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 complies with Section 39.151, Utilities
Code, as amended by this Act, 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 does not comply with Section 39.151, Utilities Code, as
amended by this Act.
SECTION 3. This Act takes effect September 1, 2021.