Bill Text: TX SB1153 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the authority of the Public Utility Commission of Texas to participate in certain proceedings before the Federal Energy Regulatory Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-05-20 - Effective immediately [SB1153 Detail]
Download: Texas-2011-SB1153-Enrolled.html
S.B. No. 1153 |
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relating to the authority of the Public Utility Commission of Texas | ||
to participate in certain proceedings before the Federal Energy | ||
Regulatory Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter J, Chapter 39, Utilities Code, is | ||
amended by adding Section 39.4525 to read as follows: | ||
Sec. 39.4525. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. | ||
(a) The commission may retain any consultant, accountant, | ||
auditor, engineer, or attorney the commission considers necessary | ||
to represent the commission in a proceeding before the Federal | ||
Energy Regulatory Commission, or before a court reviewing | ||
proceedings of that federal commission, related to: | ||
(1) the relationship of an electric utility subject to | ||
this subchapter to a power region, regional transmission | ||
organization, or independent system operator; or | ||
(2) the approval of an agreement among the electric | ||
utility and the electric utility's affiliates concerning the | ||
coordination of the operations of the electric utility and the | ||
electric utility's affiliates. | ||
(b) Assistance for which a consultant, accountant, auditor, | ||
engineer, or attorney may be retained under Subsection (a) may | ||
include: | ||
(1) conducting a study; | ||
(2) conducting an investigation; | ||
(3) presenting evidence; | ||
(4) advising the commission; or | ||
(5) representing the commission. | ||
(c) The electric utility shall pay timely the reasonable | ||
costs of the services of a person retained under Subsection (a), as | ||
determined by the commission. The total costs an electric utility | ||
is required to pay under this subsection may not exceed $1.5 million | ||
in a 12-month period. | ||
(d) The commission shall allow the electric utility to | ||
recover both the total costs the electric utility paid under | ||
Subsection (c) and the carrying charges for those costs through a | ||
rider established annually to recover the costs paid and carrying | ||
charges incurred during the preceding calendar year. The rider may | ||
not be implemented before the rider is reviewed and approved by the | ||
commission. | ||
(e) The commission shall consult the attorney general | ||
before the commission retains a consultant, accountant, auditor, or | ||
engineer under Subsection (a). The retention of an attorney under | ||
Subsection (a) is subject to the approval of the attorney general | ||
under Section 402.0212, Government Code. | ||
(f) The commission shall be precluded from engaging any | ||
individual who is required to register under Section 305.003, | ||
Government Code. | ||
(g) This section expires December 31, 2017. | ||
SECTION 2. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1153 passed the Senate on | ||
April 7, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 9, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1153 passed the House, with | ||
amendments, on May 5, 2011, by the following vote: Yeas 146, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |