By: Solomons H.B. No. 2421
A BILL TO BE ENTITLED
AN ACT
relating to the governing body of an independent organization for a
power region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.151, Utilities Code, is amended by
amending Subsection (g), to read as follows:
(g) To maintain certification as an independent
organization under this section, the organization must operate a
regional electrical network that is contained wholly within the
borders of the State of Texas. Such an organization's governing
body must be composed of persons specified by this section and
selected in accordance with formal bylaws or protocols of the
organization. The bylaws or protocols must be approved by the
commission and must reflect the input of the commission. The
bylaws must specify the process by which appropriate stakeholders
elect members and, for unaffiliated members, prescribe the
professional qualifications necessary for selection as a member of
the organization and. Tthe bylaws must require the use of a
professional search firm to identify candidates for membership of
unaffiliated members. The process must allow for commission input
in identifying candidates. The governing body must be composed of:
(1) the chairmanthree sitting commissioners of the commission
as an ex officio nonvoting members;
(2) the counsellor as an ex officio voting member representing
residential and small commercial consumer interests;
(3) the chief executive officer of the independent organization as
an ex officio voting member;
(4) six market participants elected by their respective market
segments to serve one-year terms, with:
(A) one representing independent generators;
(B) one representing investor-owned utilities;
(C) one representing power marketers;
(D) one representing retail electric providers;
(E) one representing municipally owned utilities; and
(F) one representing electric cooperatives;
(5) one member representing industrial consumer interests and
elected by the industrial consumer market segment to serve a
one-year term;
(6) one member representing large commercial consumer interests
selected in accordance with the bylaws to serve a one-year term; and
(7) five nine members unaffiliated with any market segment and
selected by the other members of the governing body to serve
three-year terms.
SECTION 2. An independent organization certified by the
commission before September 1, 2009, shall modify the
organization's governing body to comply with Section 39.151(g),
Utilities Code, as amended by this Act no later than September 1,
2010. On or after September 1, 2010, the commission may decertify an
independent organization whose governing body does not comply with
Section 39.151(g), Utilities Code, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2009.