81R10356 JJT-D
By: Davis of Dallas H.B. No. 1837
A BILL TO BE ENTITLED
AN ACT
relating to regulation of electric services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 39, Utilities Code, is
amended by adding Sections 39.207, 39.208, and 39.209 to read as
follows:
Sec. 39.207. PRICE CEILING FOR RETAIL ELECTRIC PROVIDERS.
Notwithstanding any other provision of this chapter, the commission
by rule shall establish a mechanism to ensure that the price for
electric service charged by retail electric providers does not
exceed a fair price that allows for a reasonable profit for the
retail electric provider, considering relevant market prices for
electricity purchased for resale.
Sec. 39.208. RELIABILITY OF RETAIL ELECTRIC PROVIDERS.
Notwithstanding any other provision of this chapter, the commission
by rule shall establish a mechanism to ensure that each retail
electric provider is financially and organizationally reliable to
provide services the retail electric provider offers. The
commission may require a retail electric provider to disclose
financial and business organization information as necessary for
the commission to evaluate and ensure the provider's reliability.
Sec. 39.209. FORMATION AND REGULATION OF INTEGRATED
UTILITIES IN COMPETITIVE AREAS. (a) Notwithstanding any other
provision of this chapter, the commission by rule shall establish a
mechanism to allow transmission and distribution utilities or power
generation companies to acquire transmission, distribution, or
generation assets and subsequently offer electric services to
retail customers as an integrated utility.
(b) The commission shall provide for an integrated utility
formed in a competitive area to offer electric service to retail
customers as a market competitor at a rate regulated by the
commission that does not exceed a fair price that allows for a
reasonable profit for the integrated utility.
SECTION 2. 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, 2009.