82R9886 AJZ-F
By: J. Davis of Harris H.B. No. 2406
A BILL TO BE ENTITLED
AN ACT
relating to transferring certain energy assistance programs from
the Texas Department of Housing and Community Affairs to the Public
Utility Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.097, Government Code, is
transferred to Subchapter B, Chapter 16, Utilities Code,
redesignated as Section 16.022, Utilities Code, and amended to read
as follows:
Sec. 16.022 [2306.097]. STATE LOW-INCOME ENERGY
ASSISTANCE PROGRAM [ENERGY SERVICES PROGRAM FOR LOW-INCOME
INDIVIDUALS]. (a) The commission [The Energy Services Program for
Low-Income Individuals shall operate in conjunction with the
community services block grant program and] has jurisdiction and
responsibility for administration of the following elements of the
State Low-Income Energy Assistance Program, from whatever sources
funded:
(1) the Energy Crisis Intervention Program;
(2) the weatherization program; and
(3) the Low-Income Home Energy Assistance Program.
(b) Applications, forms, and educational materials for a
program administered under Subsection (a)(1), (2), or (3) must be
provided in English, Spanish, and any other appropriate language.
SECTION 2. Section 39.903(f), Utilities Code, is amended to
read as follows:
(f) Notwithstanding Section 39.106(b), the commission shall
adopt rules regarding programs to assist low-income electric
customers on the introduction of customer choice. The programs may
not be targeted to areas served by municipally owned utilities or
electric cooperatives that have not adopted customer choice. The
programs shall include:
(1) reduced electric rates as provided by Subsections
(h)-(l); and
(2) targeted energy efficiency programs to be
administered [by the Texas Department of Housing and Community
Affairs] in coordination with existing weatherization programs.
SECTION 3. Section 2305.036(c), Government Code, is amended
to read as follows:
(c) Projects funded under this program may include:
(1) projects to demonstrate commercially available
cost-effective energy-saving techniques and technologies;
(2) training and technical assistance in
energy-efficient construction, design, or remodeling;
(3) projects to provide energy education workshops or
seminars for consumers;
(4) financing for energy designs and improvements,
energy-efficient appliances, and energy management systems; and
(5) funding of a weatherization assistance program
through the Public Utility Commission of Texas [Texas Department Of
Housing and Community Affairs] to benefit individuals of low
income.
SECTION 4. Section 2306.187(e), Government Code, is amended
to read as follows:
(e) Subsections (a) and (b) do not apply to a single or
multifamily dwelling that receives weatherization assistance money
from the Public Utility Commission of Texas [department] or money
provided under the first-time homebuyer program.
SECTION 5. (a) As soon as practicable after the effective
date of this Act, the Texas Department of Housing and Community
Affairs and the Public Utility Commission of Texas shall develop a
transition plan for transferring the functions performed by the
department under Section 2306.097, Government Code, to the
commission. The transition plan must include a timetable with
specific steps and deadlines needed to complete the transfer.
(b) In accordance with the transition plan developed by the
Texas Department of Housing and Community Affairs and the Public
Utility Commission of Texas under Subsection (a) of this section,
on November 1, 2011:
(1) all functions and activities relating to Section
2306.097, Government Code, performed by the Texas Department of
Housing and Community Affairs immediately before that date are
transferred to the Public Utility Commission of Texas;
(2) a rule or form adopted by the executive director of
the Texas Department of Housing and Community Affairs that relates
to Section 2306.097, Government Code, is a rule or form of the
Public Utility Commission of Texas and remains in effect until
amended or replaced by the commission;
(3) a reference in law to or an administrative rule of
the Texas Department of Housing and Community Affairs that relates
to Section 2306.097, Government Code, means the Public Utility
Commission of Texas;
(4) a complaint, investigation, or other proceeding
before the Texas Department of Housing and Community Affairs that
is related to Section 2306.097, Government Code, is transferred
without change in status to the Public Utility Commission of Texas,
and the commission assumes, as appropriate and without a change in
status, the position of the department in an action or proceeding to
which the department is a party;
(5) any employee of the Texas Department of Housing
and Community Affairs who is primarily involved in administering
Section 2306.097, Government Code, becomes an employee of the
Public Utility Commission of Texas;
(6) all money, contracts, leases, property, and
obligations of the Texas Department of Housing and Community
Affairs related to Section 2306.097, Government Code, are
transferred to the Public Utility Commission of Texas;
(7) all property in the custody of the Texas
Department of Housing and Community Affairs related to Section
2306.097, Government Code, is transferred to the Public Utility
Commission of Texas; and
(8) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Department of
Housing and Community Affairs related to Section 2306.097,
Government Code, is transferred to the Public Utility Commission of
Texas.
(c) Before November 1, 2011, the Texas Department of Housing
and Community Affairs may agree with the Public Utility Commission
of Texas to transfer any property of the department to the
commission to implement the transfer required by this Act.
(d) In the period beginning September 1, 2011, and ending on
November 1, 2011, the Texas Department of Housing and Community
Affairs shall continue to perform functions and activities under
Section 2306.097, Government Code, as if that section had not been
transferred, redesignated, and amended by this Act, and the former
law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2011.