Texas 2009 - 81st Regular

Texas House Bill HB1463 Compare Versions

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Old	New	Differences
1	1	81R22045 TRH-F
2	2	By: Kolkhorst, Kleinschmidt H.B. No. 1463
3	3	Substitute the following for H.B. No. 1463:
4	4	By: Solomons C.S.H.B. No. 1463
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of the Public Utility Commission of Texas
10	10	to order certain electric providers to provide power to other
11	11	electric providers during a natural disaster or declared emergency.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter D, Chapter 38, Utilities Code, is
14	14	amended by adding Section 38.073 to read as follows:
15	15	Sec. 38.073. AUTHORITY OF COMMISSION DURING AN EMERGENCY.
16	16	(a) On a declaration of a natural disaster or other emergency by
17	17	the governor, the commission may require an electric utility,
18	18	municipally owned utility, electric cooperative, qualifying
19	19	facility, power generation company, exempt wholesale generator,
20	20	power marketer, or retail electric provider to sell electricity to
21	21	an electric utility, municipally owned utility, electric
22	22	cooperative, or retail electric provider that is unable to supply
23	23	power to meet customer demand due to the natural disaster or other
24	24	emergency. Any plant, property, equipment, or other items used to
25	25	receive or deliver electricity under this subsection are used and
26	26	useful in delivering service to the public, and the commission
27	27	shall allow timely recovery for the costs of those items. The
28	28	commission may order an electric utility, municipally owned
29	29	utility, or electric cooperative to provide interconnection
30	30	service to another electric utility, municipally owned utility, or
31	31	electric cooperative to facilitate a sale of electricity under this
32	32	section. If the commission does not order the sale of electricity
33	33	during a declared emergency as described by this subsection, the
34	34	commission shall promptly submit to the legislature a report
35	35	describing the reasons why the commission did not make that order.
36	36	(b) If an entity receives electricity under Subsection (a),
37	37	the receiving entity shall reimburse the supplying entity for the
38	38	actual cost of providing the electricity. The entity receiving the
39	39	electricity is responsible for any transmission and distribution
40	40	service charges specifically incurred in relation to providing the
41	41	electricity.
42	42	(c) An entity that pays for electricity received under
43	43	Subsection (b) and that is regulated by the commission may fully
44	44	recover the cost of the electricity in a timely manner by:
45	45	(1) including the cost in the entity's fuel cost under
46	46	Section 36.203; or
47	47	(2) notwithstanding Section 36.201, imposing a
48	48	different surcharge.
49	49	SECTION 2. (a) Not later than November 1, 2009, the Public
50	50	Utility Commission of Texas shall conduct and complete a study to
51	51	evaluate:
52	52	(1) the locations in this state that are most likely to
53	53	experience a natural disaster or other emergency;
54	54	(2) the ability of each entity described by Section
55	55	38.073(a), Utilities Code, as added by this Act, to comply with that
56	56	section in the event of a natural disaster or other emergency; and
57	57	(3) any steps an entity described by Section
58	58	38.073(a), Utilities Code, as added by this Act, should take to
59	59	prepare to comply with that section.
60	60	(b) An entity described by Section 38.073(a), Utilities
61	61	Code, as added by this Act, shall comply with any order issued by
62	62	the Public Utility Commission of Texas under that subsection while
63	63	the study required by Subsection (a) of this section is conducted.
64	64	(c) The Public Utility Commission of Texas shall prepare a
65	65	report based on the study conducted under Subsection (a) of this
66	66	section. The report must include any recommendations the
67	67	commission considers advisable in relation to the implementation of
68	68	and compliance with Section 38.073, Utilities Code, as added by
69	69	this Act. The commission may include the report in the report
70	70	required by Section 31.003, Utilities Code.
71	71	SECTION 3. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2009.