| 1 | 1 | | 81R683 JJT-D |
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| 2 | 2 | | By: Hartnett, Turner of Harris, H.B. No. 395 |
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| 3 | 3 | | King of Parker, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to this state's goal for installed electric generating |
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| 9 | 9 | | capacity from natural gas. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 39.9044, Utilities Code, is repealed. |
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| 12 | 12 | | SECTION 2. Section 40.004, Utilities Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 40.004. JURISDICTION OF COMMISSION. Except as |
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| 15 | 15 | | specifically otherwise provided in this chapter, the commission has |
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| 16 | 16 | | jurisdiction over municipally owned utilities only for the |
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| 17 | 17 | | following purposes: |
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| 18 | 18 | | (1) to regulate wholesale transmission rates and |
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| 19 | 19 | | service, including terms of access, to the extent provided by |
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| 20 | 20 | | Subchapter A, Chapter 35; |
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| 21 | 21 | | (2) to regulate certification of retail service areas |
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| 22 | 22 | | to the extent provided by Chapter 37; |
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| 23 | 23 | | (3) to regulate rates on appeal under Subchapters D |
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| 24 | 24 | | and E, Chapter 33, subject to Section 40.051(c); |
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| 25 | 25 | | (4) to establish a code of conduct as provided by |
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| 26 | 26 | | Section 39.157(e) applicable to anticompetitive activities and to |
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| 27 | 27 | | affiliate activities limited to structurally unbundled affiliates |
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| 28 | 28 | | of municipally owned utilities, subject to Section 40.054; |
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| 29 | 29 | | (5) to establish terms and conditions for open access |
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| 30 | 30 | | to transmission and distribution facilities for municipally owned |
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| 31 | 31 | | utilities providing customer choice, as provided by Section 39.203; |
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| 32 | 32 | | (6) to require collection of the nonbypassable fee |
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| 33 | 33 | | established under Section 39.903(b) and to administer the renewable |
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| 34 | 34 | | energy credits program under Section 39.904(b) [and the natural gas |
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| 35 | 35 | | energy credits program under Section 39.9044(b)]; and |
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| 36 | 36 | | (7) to require reports of municipally owned utility |
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| 37 | 37 | | operations only to the extent necessary to: |
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| 38 | 38 | | (A) enable the commission to determine the |
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| 39 | 39 | | aggregate load and energy requirements of the state and the |
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| 40 | 40 | | resources available to serve that load; or |
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| 41 | 41 | | (B) enable the commission to determine |
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| 42 | 42 | | information relating to market power as provided by Section 39.155. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2009. |
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