Bill Text: TX HB3592 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the Public Utility Commission of Texas and the governing body of the independent organization certified to manage the ERCOT power region.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-22 - Referred to State Affairs [HB3592 Detail]

Download: Texas-2021-HB3592-Introduced.html
  87R11685 CXP-D
 
  By: Toth H.B. No. 3592
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Public Utility Commission of Texas and 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 12.058, Utilities Code, is amended to
  read as follows:
         Sec. 12.058.  MEETINGS. (a) The commission shall hold
  meetings at its office and at other convenient places in this state
  as expedient and necessary for the proper performance of the
  commission's duties.
         (b)  Notwithstanding the requirements of Chapter 551,
  Government Code, if a disaster is imminent that could threaten the
  provision of electric or water service in this state regulated by
  the commission, the governor may authorize the commission to meet
  or otherwise communicate to prepare for and respond to the imminent
  disaster.
         SECTION 2.  Section 39.151, Utilities Code, is amended by
  amending Subsections (g) and (g-1) and adding Subsection (g-2) to
  read as follows:
         (g)  The commission may certify an independent organization
  under this section only if the [To maintain certification as an
  independent organization under this section, an] organization's
  governing body is [must be] composed of 15 members appointed by the
  commission with the advice and consent of the senate [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].
         (g-1)  The commission shall designate the presiding officer
  of the governing body [must be one of the members described by
  Subsection (g)(7)].
         (g-2)  Members of the governing body of an independent
  organization certified under this section serve staggered terms of
  six years, with one-third of the members' terms expiring February 1
  of each odd-numbered year. Not later than the 30th day after the
  date a member of the governing body's term expires, the commission
  shall appoint a replacement in the same manner as the original
  appointment. If a vacancy occurs on the governing body, the
  commission shall appoint a successor in the same manner as the
  original appointment to serve for the remainder of the unexpired
  term. The commission shall appoint the successor not later than the
  30th day after the date the vacancy occurs.
         SECTION 3.  Not later than September 1, 2021, the Public
  Utility Commission of Texas shall comply with Section 39.151,
  Utilities Code, as amended by this Act, by appointing members to the
  governing body of the independent organization certified under
  Section 39.151, Utilities Code, by the Public Utility Commission of
  Texas before the effective date of this Act.  In appointing the
  initial members of the governing body, the Public Utility
  Commission of Texas shall appoint five persons to terms expiring
  February 1, 2023, five persons to terms expiring February 1, 2025,
  and five persons to terms expiring February 1, 2027.
         SECTION 4.  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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