82R5598 ALL-D
By: Oliveira H.B. No. 3016
A BILL TO BE ENTITLED
AN ACT
relating to energy aggregation by counties in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 304, Local Government Code, is amended
by adding Section 304.003 to read as follows:
Sec. 304.003. AGGREGATION BY COUNTIES FOR RESIDENTS OF
COLONIAS. (a) In addition to the powers conferred by Section
304.002, a county may negotiate for the purchase of electricity and
energy service, make contracts for the purchase of electricity and
energy service, purchase electricity and energy service, or take
any other action necessary to purchase electricity and energy
service on behalf of the residents of a colonia in the county that
has street lights the installation of which was enabled by
financial assistance received under Section 487.354, Government
Code. The county may purchase electricity or energy service from
any entity, including a power generation company, retail electric
provider, and municipally owned utility.
(b) The commissioners court of a county by order or
resolution may provide for mandatory enrollment in the county's
aggregation services for electric service customers who reside in a
colonia described by Subsection (a) that, at the time of adoption of
the order or resolution, is located in an area that has implemented
customer choice as defined by Section 31.002, Utilities Code.
After the adoption of the order or resolution, each electric
service customer who resides in the colonia must be enrolled in the
aggregation services to receive electric service. A colonia
resident may not opt out of enrollment. The commissioners court may
provide in the order or resolution for the colonia's electric
service customers to be billed for a share of the cost of
electricity used by the colonia's street lights described by
Subsection (a).
(c) Before the commissioners court of a county adopts an
order or resolution under Subsection (b), the commissioners court
must hold a public hearing in the colonia to receive public comments
from colonia residents and to provide information to the residents
about the proposed mandatory enrollment program. If the
commissioners court provides for mandatory enrollment in
aggregation services, the county shall send a 60-day written notice
by mail to each electric service customer who must be enrolled.
(d) Each retail electric provider and transmission and
distribution utility shall provide to a county any information the
county considers necessary to solicit or administer an aggregation
program under this section, including the name, address, electric
service identifier, and monthly usage of each residential customer
who resides in the colonia. The consent of a customer may not be
required as a condition of providing information to a county under
this subsection. The county may provide to a third party or an
aggregator information received under this subsection, but only for
the purpose of bidding on, implementing, or administering the
aggregation program.
(e) This section is not intended to abrogate an electric
service contract between a resident of a county and a competitive
retail electric provider. A resident who takes power from retail
electric providers under a contract as of the date the order or
resolution is adopted may not be enrolled in the aggregation
program until expiration of the contract.
(f) A county may not profit from the creation or
implementation of an aggregation program created under this
section. All savings attributable to the aggregation program shall
be directed to participants who reside in the colonia, except that a
county may recover its actual administrative costs.
(g) A county may contract with a third party or another
aggregator to administer the aggregation of electricity and energy
service purchased under Subsection (a).
(h) Notwithstanding Section 40.054, Utilities Code, and to
the extent of a conflict between this section and Subtitle B, Title
2, Utilities Code, this section prevails.
SECTION 2. This Act takes effect September 1, 2011.