| 1 | 1 | | 81R5916 JJT-D |
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| 2 | 2 | | By: Farabee H.B. No. 1156 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to providing a discounted rate for electricity provided to |
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| 8 | 8 | | school districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 36.351, Utilities Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | Sec. 36.351. DISCOUNTED RATES FOR PUBLIC SCHOOL DISTRICTS |
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| 13 | 13 | | AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION. |
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| 14 | 14 | | SECTION 2. Sections 36.351(a), (d), (e), and (f) are |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) Notwithstanding any other provision of this title, each |
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| 17 | 17 | | electric utility and municipally owned utility shall discount |
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| 18 | 18 | | charges for electric service provided to a public school district |
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| 19 | 19 | | or a facility of a four-year state university, upper-level |
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| 20 | 20 | | institution, Texas State Technical College, or college. |
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| 21 | 21 | | (d) A municipally owned utility is exempt from the |
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| 22 | 22 | | requirement of this section to discount rates to a facility of a |
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| 23 | 23 | | four-year state university, upper-level institution, Texas State |
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| 24 | 24 | | Technical College, or college if the municipally owned utility, on |
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| 25 | 25 | | September 1, 1995, discounted base commercial rates for electric |
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| 26 | 26 | | service provided to all four-year state universities or colleges in |
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| 27 | 27 | | its service area by 20 percent or more. A municipally owned utility |
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| 28 | 28 | | is exempt from the requirement of this section to discount rates to |
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| 29 | 29 | | a public school district if the municipally owned utility, on |
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| 30 | 30 | | September 1, 2009, discounted base commercial rates for electric |
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| 31 | 31 | | service provided to all school districts in its service area by 20 |
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| 32 | 32 | | percent or more. |
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| 33 | 33 | | (e) This section does not apply to a rate charged to an |
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| 34 | 34 | | institution of higher education by a municipally owned utility that |
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| 35 | 35 | | provides a discounted rate to the state for electric services below |
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| 36 | 36 | | rates in effect on January 1, 1995, or to a rate charged to a school |
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| 37 | 37 | | district by a municipally owned utility that provides a discount to |
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| 38 | 38 | | the school district for electric service below rates in effect on |
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| 39 | 39 | | September 1, 2009, if the discounted rate provides a greater |
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| 40 | 40 | | financial discount to the state or to the school district, as |
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| 41 | 41 | | applicable, than is provided to the institution of higher education |
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| 42 | 42 | | or school district through the discount provided by this section. |
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| 43 | 43 | | (f) An investor-owned electric utility may not recover from |
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| 44 | 44 | | residential customers or any other customer class the assigned and |
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| 45 | 45 | | allocated costs of serving a state university or college or a school |
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| 46 | 46 | | district that receives a discount under this section. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2009. |
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