81R3428 TJS-F By: Turner of Harris H.B. No. 631 A BILL TO BE ENTITLED AN ACT relating to the regulation of retail electric providers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.352, Utilities Code, is amended by adding Subsection (c-1) to read as follows: (c-1) Subject to Subsection (d), a retail electric provider shall at all times maintain compliance with the requirements for certification prescribed by Subsection (b) and with all other applicable requirements prescribed by this title or by a commission order or rule, including customer protection requirements, disclosure requirements, and marketing guidelines. At least annually and at any other time the commission may require, a retail electric provider shall submit a report to the commission concerning the financial viability of the retail electric provider. At any time, the commission, on its own motion or on complaint, may: (1) investigate the financial, managerial, and technical performance of a retail electric provider; and (2) inspect the books and records of a retail electric provider. SECTION 2. Section 39.352(e), Utilities Code, is repealed. SECTION 3. This Act takes effect September 1, 2009.