Bill Text: TX HB3468 | 2021-2022 | 87th Legislature | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-22 - Referred to State Affairs [HB3468 Detail]

Download: Texas-2021-HB3468-Introduced.html
  87R12128 CXP-D
 
  By: Hinojosa H.B. No. 3468
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the composition of 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(g), Utilities Code, is amended 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 unaffiliated with any market segment
  and selected by the other members of the governing body to serve
  three-year terms; and
               (8)  one member unaffiliated with any market segment
  who is a climate scientist selected by the other members of the
  governing body to serve a three-year term.
         SECTION 2.  (a)  An independent organization certified under
  Section 39.151, Utilities Code, by the Public Utility Commission of
  Texas before the effective date of this Act shall 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, 2021.
         (b)  After September 1, 2021, 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 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.
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