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A BILL TO BE ENTITLED
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AN ACT
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Relating to establishing competitive retail electricity options |
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for customers served by certain municipally owned utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.122, Utilities Code is amended by |
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adding new subsection (1) as follows: |
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(1) This section applies only to a municipally owned utility |
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that has at least 400,000 customers, is governed by a municipality |
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with a population of less than 1,300,000 and is located within the |
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ERCOT power region. Notwithstanding any other provision, a |
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customer or group of customers with a total usage of more than |
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25,000,000 kwh per year may file a petition to have the commission |
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review current or proposed rates applicable to the petitioning |
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customers. |
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(a) Within 90 days of a petition being filed under this |
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subsection, the municipally owned utility shall file a rate |
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application with the commission that complies in all material |
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respects with the rules and forms prescribed by the commission. The |
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90 period may be extended by the commission for good cause. |
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(2) The commission shall conduct a full review of the rates |
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applicable to the petitioning customers consistent with the |
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standards prescribed in Chapter 36 to determine whether those rates |
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are just and reasonable. The commission shall also consider |
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whether the rates are consistent with the rates available to |
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similarly situated customers in areas of the state that have access |
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to customer choice. |
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(3) If the commission finds that the rates are not just and |
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reasonable, or not consistent with the rates available to similarly |
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situated customer areas of the state that have access to customer |
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choice, the commission shall either: |
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(a) set rates for the petitioning customer or |
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customers that are just, reasonable, and consistent with the rates |
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available to similarly situated customers in areas of the state |
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that have access to customer choice, or |
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(b) set cost-based transmission and distribution |
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rates for the municipally owned utility and allow a petitioning |
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customer or customers to purchase electricity through a competitive |
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retail electric provider. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the member elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |