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 |
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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; [ |
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(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. |