By: Seliger S.B. No. 1150
(Frullo)
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain non-ERCOT utilities to comply with
energy efficiency goals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 39.402, Utilities Code,
is amended to read as follows:
(a) Until the [later of January 1, 2007, or the] date on
which an electric utility subject to this subchapter is authorized
by the commission to implement customer choice, the rates of the
utility shall be regulated under traditional cost of service
regulation and the utility is subject to all applicable regulatory
authority prescribed by this subtitle and Subtitle A, including
Chapters 14, 32, 33, 36, and 37. Until the date on which an electric
utility subject to this subchapter implements customer choice, the
provisions of this chapter, other than this subchapter, Sections
[Section] 39.904 and 39.905, and the provisions relating to the
duty to obtain a permit from the Texas [Natural Resource
Conservation] Commission on Environmental Quality for an electric
generating facility and to reduce emissions from an electric
generating facility, shall not apply to that utility. That portion
of any commission order entered before September 1, 2001, to comply
with this subchapter shall be null and void.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.