H.B. No. 2052
AN ACT
relating to electric service reliability measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.005(b), Utilities Code, is amended to
read as follows:
(b) The commission may [shall] take appropriate enforcement
action under this section, including [but not limited to] action
against a utility, if any of the utility's feeders [feeder] with 10
or more customers [appears on the utility's list of worst 10 percent
performing feeders for any two consecutive years or] has had a SAIDI
or SAIFI average that is more than 300 percent greater than the
system average of all feeders during any two-year period, beginning
in the year 2000. In determining the appropriate enforcement
action, the commission shall consider:
(1) the feeder's operating and maintenance history;
(2) the cause of each interruption in the feeder's
service;
(3) any action taken by a utility to address the
feeder's performance;
(4) the estimated cost and benefit of remediating a
feeder's performance; and
(5) any other relevant factor as determined by the
commission.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2052 was passed by the House on April
17, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2052 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor