Texas 2009 - 81st Regular

Texas House Bill HB840 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2625 TRH-D
2	2	By: Martinez H.B. No. 840
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to rates charged by an electric utility or retail electric
8	8	provider on acquisition by another electric utility or retail
9	9	electric provider.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 39, Utilities Code, is
12	12	amended by adding Section 39.110 to read as follows:
13	13	Sec. 39.110. RATES OF RETAIL ELECTRIC PROVIDER ON
14	14	ACQUISITION BY ANOTHER RETAIL ELECTRIC PROVIDER. A retail electric
15	15	provider that acquires another retail electric provider shall:
16	16	(1) in relation to a customer of the acquired retail
17	17	electric provider who received service under a term contract,
18	18	continue to charge the customer the rates specified in the contract
19	19	for the remaining term of the contract; and
20	20	(2) in relation to a customer of the acquired retail
21	21	electric provider who did not receive service under a term
22	22	contract:
23	23	(A) continue, for at least 90 days, to charge
24	24	that customer the rates charged by the acquired retail electric
25	25	provider at the time of acquisition if the rates of the acquired
26	26	retail electric provider at the time of acquisition are lower than
27	27	the rates charged by the acquiring retail electric provider; or
28	28	(B) extend the rates of the acquiring retail
29	29	electric provider to that customer if the rates charged by the
30	30	acquiring retail electric provider at the time of acquisition are
31	31	lower than the rates charged by the acquired retail electric
32	32	provider.
33	33	SECTION 2. Section 39.915, Utilities Code, is amended by
34	34	amending Subsection (b) and adding Subsection (b-1) to read as
35	35	follows:
36	36	(b) The commission shall approve a transaction under
37	37	Subsection (a) if the commission finds that the transaction is in
38	38	the public interest. For a transaction involving the acquisition of
39	39	one electric utility by another electric utility, the commission
40	40	may find the transaction to be in the public interest only if the
41	41	acquiring utility:
42	42	(1) in relation to a customer of the acquired utility
43	43	who received services under a term contract, agrees to continue to
44	44	charge the customer the rates specified in the contract for the
45	45	remaining term of the contract; and
46	46	(2) in relation to a customer of the acquired utility
47	47	who did not receive service under a term contract, agrees to:
48	48	(A) continue, for at least 90 days, to charge
49	49	that customer the rates charged by the acquired utility at the time
50	50	of acquisition if the rates of the acquired utility at the time of
51	51	acquisition are lower than the rates charged by the acquiring
52	52	utility; or
53	53	(B) extend the rates of the acquiring utility to
54	54	that customer if the rates charged by the acquiring utility at the
55	55	time of acquisition are lower than the rates charged by the acquired
56	56	utility.
57	57	(b-1) In making its determination of whether a transaction
58	58	is in the public interest, the commission shall consider whether
59	59	the transaction will adversely affect the reliability of service,
60	60	availability of service, or cost of service of the electric utility
61	61	or transmission and distribution utility. The commission shall
62	62	make the determination concerning a transaction under this
63	63	subsection not later than the 180th day after the date the
64	64	commission receives the relevant report. If the commission has not
65	65	made a determination before the 181st day after that date, the
66	66	transaction is considered approved.
67	67	SECTION 3. The changes in law made by Section 39.110,
68	68	Utilities Code, as added by this Act, apply only to a retail
69	69	electric provider acquired by another retail electric provider on
70	70	or after the effective date of this Act. A retail electric provider
71	71	acquired after the effective date of this Act is subject to the law
72	72	in effect on the date of acquisition, and that law is continued in
73	73	effect for that purpose.
74	74	SECTION 4. The changes in law made by this Act to Section
75	75	39.915, Utilities Code, apply only to a report submitted to the
76	76	Public Utility Commission of Texas on or after the effective date of
77	77	this Act. A report submitted to the Public Utility Commission of
78	78	Texas before the effective date of this Act is subject to the law in
79	79	effect on the date the report is submitted, and that law is
80	80	continued in effect for that purpose.
81	81	SECTION 5. This Act takes effect September 1, 2009.