81R8743 JTS-F
By: Keffer H.B. No. 2780
A BILL TO BE ENTITLED
AN ACT
relating to energy aggregation by political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 304.001(d), Local Government Code, is
amended to read as follows:
(d) A political subdivision corporation may negotiate on
behalf of its incorporating political subdivisions and the citizens
of member political subdivisions who create citizen aggregation
programs under Section 304.002 for the purchase of electricity,
make contracts for the purchase of electricity, purchase
electricity, and take any other action necessary to purchase
electricity for use in the public facilities or by citizens of the
political subdivision or subdivisions represented by the political
subdivision corporation. In this subsection, "electricity" means
electric energy, capacity, energy services, ancillary services, or
other electric services for retail or wholesale consumption by the
political subdivisions.
SECTION 2. Section 304.002, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (b-1),
(b-2), (d), (e), and (f) to read as follows:
(a) A political subdivision aggregator may negotiate for
the purchase of electricity and energy services, contract for the
purchase of electricity, purchase electricity, and take any other
action necessary to purchase electricity on behalf of the citizens
of the political subdivision or subdivisions. [The citizens must
affirmatively request to be included in the aggregation services by
the political subdivision aggregator.]
(b-1) The governing body of a political subdivision may
adopt an ordinance or resolution that provides for:
(1) automatic enrollment in aggregation services for
citizens of the political subdivision; and
(2) enrollment in aggregation services on request by
citizens of unincorporated areas residing within 20 miles of the
geographic boundaries of the political subdivision.
(b-2) If the governing body of the political subdivision
provides for automatic enrollment of the citizens in aggregation
services, the political subdivision shall send by mail to each
citizen who will be automatically enrolled a 60-day written notice
that citizens will be automatically enrolled unless a citizen
expressly requests to not be enrolled.
(d) Each retail electric provider and transmission and
distribution utility shall provide to a political subdivision any
information the political subdivision considers necessary to
solicit or administer an aggregation program under this section,
including the name, address, electric service identifier, and
monthly usage of each residential customer who resides in the
political subdivision. The consent of a customer may not be
required as a condition of providing information to a political
subdivision under this subsection. The political subdivision may
provide to a third party or an aggregator information received
under this subsection, but only for the purpose of bidding on,
implementing, or administering the aggregation program.
(e) This section is not intended to abrogate an electric
service contract between a citizen of any political subdivision and
a competitive retail electric provider. A citizen who takes power
from retail electric providers under a contract as of the date the
ordinance or resolution passes may not join the citizen aggregation
program until expiration of the contract.
(f) Any savings attributable to the aggregation program
shall be directed to citizen participants, except that the
political subdivision may recover its actual administrative costs.
SECTION 3. 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.