By: Thibaut H.B. No. 3728
A BILL TO BE ENTITLED
AN ACT
relating to certain rates charged by retail electric providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 39, Utilities Code, is
amended by adding Section 39.206 to read as follows:
Sec. 39.205 REGULATION OF PRICES FOR RETAIL ELECTRIC
PROVIDERS. (a) This section may be cited as the "Texas Electric
Residential Customer Protection Act of 2009."
(b) No retail electric provider shall charge any
residential customer a rate, charge or price more than sixteen
cents ($0.16) per kilowatt hour without explicit authorization by
the commission pursuant to this section.
(c) The commission shall have the authority to establish
rules for the implementation of this section. Those rules shall, at
a minimum, provide:
(1) that any rate, charge or price that exceeds the
limits of this section for a residential customer shall be presumed
to be unreasonable;
(2) that the retail electric provider shall have the
burden of proof to demonstrate that the rate, charge or price is
reasonable, if the retail electric provider proposes the change;
(3) that the Commission may, on its own motion
investigate any rate, charge or price that exceeds the limits of
this section and may order the retail electric provider to reduce
such rates, charges or prices to an amount not to exceed the limits
of this section unless the retail electric provider proves that
such rates, charges or prices are justified;
(d) Rates, charges or prices shall be governed by this
section until September 1, 2012.
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.