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

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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

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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.