Bill Text: TX SB853 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Bill 853 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to electricity service provided by certain municipally owned utilities.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed) 2023-05-23 - Placed on General State Calendar [SB853 Detail]

Download: Texas-2023-SB853-Introduced.html



	By: Hancock	S.B. No. 853


	A BILL TO BE ENTITLED
	AN ACT
	relating to electricity service provided by certain municipally
	owned utilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 32, Utilities Code, is amended by adding
	Subchapter D to read as follows:
	SUBCHAPTER D. REVIEW OF RATES OF CERTAIN MUNICIPAL UTILITIES
	Sec. 32.151. APPLICABILITY. This subchapter applies only
	to a municipally owned utility that provides service in the Capitol
	complex, as defined by Section 443.0071, Government Code.
	Sec. 32.152. REVIEW OF RATES; CUSTOMER CHOICE. (a)
	Notwithstanding any other law, a retail customer or group of
	customers may file a petition for commission review of current or
	proposed rates of a municipally owned utility that apply to the
	petitioning customer or group if the customer or group:
	(1) has a non-demand metered total usage of more than
	100,000 kilowatt hours per year; or
	(2) is served through a demand meter at secondary or
	primary voltage.
	(b) The commission shall initiate a proceeding not later than
	the 90th day after the petition is submitted to determine whether
	the rates of the municipally owned utility are consistent with the
	rates available to similarly situated customers in areas of the
	state that have access to customer choice. If the commission
	determines that the rates of the municipally owned utility are
	consistent with the rates available to similarly situated customers
	in areas of the state that have access to customer choice, the
	commission shall deny the petition.
	(c) If the commission does not deny the petition under
	Subsection (b), not later than the 90th day after the date of the
	determination described by Subsection (b), the municipally owned
	utility shall file a rate application with the commission that
	complies in all material respects with the rules and forms
	prescribed by the commission. The commission for good cause may
	extend the deadline for filing the rate application.
	(d) The commission shall conduct a full review of the rates
	applicable to the petitioning customer or group to determine
	whether those rates are just and reasonable using the standards
	prescribed by Chapter 36, notwithstanding the lack of consistency
	between those rates and rates available to similarly situated
	customers in areas of the state that have access to customer choice.
	If the commission determines that the rates are just and
	reasonable, the commission shall deny the petition. If the
	commission determines that the rates are not just and reasonable,
	the commission shall set rates for the petitioning customer or
	group that are just, reasonable, and consistent with the rates
	available to similarly situated customers in areas of the state
	that have access to customer choice.
	SECTION 2. Section 40.004, Utilities Code, is amended to
	read as follows:
	Sec. 40.004. JURISDICTION OF COMMISSION. Except as
	specifically otherwise provided in this chapter, the commission has
	jurisdiction over municipally owned utilities only for the
	following purposes:
	(1) to regulate wholesale transmission rates and
	service, including terms of access, to the extent provided by
	Subchapter A, Chapter 35;
	(2) to regulate certification of retail service areas
	to the extent provided by Chapter 37;
	(3) to regulate rates:
	(A) under Subchapter D, Chapter 32, subject to
	Section 40.051(c); and
	(B) on appeal under Subchapters D and E, Chapter
	33, subject to Section 40.051(c);
	(4) to establish a code of conduct as provided by
	Section 39.157(e) applicable to anticompetitive activities and to
	affiliate activities limited to structurally unbundled affiliates
	of municipally owned utilities, subject to Section 40.054;
	(5) to establish terms and conditions for open access
	to transmission and distribution facilities for municipally owned
	utilities providing customer choice, as provided by Section 39.203;
	(6) to administer the renewable energy credits program
	under Section 39.904(b) and the natural gas energy credits program
	under Section 39.9044(b);
	(7) to require reports of municipally owned utility
	operations only to the extent necessary to:
	(A) enable the commission to determine the
	aggregate load and energy requirements of the state and the
	resources available to serve that load; or
	(B) enable the commission to determine
	information relating to market power as provided by Section 39.155;
	and
	(8) to evaluate and monitor the cybersecurity
	preparedness of a municipally owned utility described by Section
	39.1516(a) (3) or (4).
	SECTION 3. Section 40.051(c), Utilities Code, is amended to
	read as follows:
	(c) After a decision to offer customer choice has been made,
	Subchapter D, Chapter 32, and Subchapters D and E, Chapter 33, do
	not apply to any action taken under this chapter.
	SECTION 4. This Act takes affect September 1, 2023.