| 1 | 1 | | By: Seliger S.B. No. 1150 |
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| 2 | 2 | | (Frullo) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring certain non-ERCOT utilities to comply with |
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| 8 | 8 | | energy efficiency goals. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsection (a), Section 39.402, Utilities Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (a) Until the [later of January 1, 2007, or the] date on |
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| 13 | 13 | | which an electric utility subject to this subchapter is authorized |
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| 14 | 14 | | by the commission to implement customer choice, the rates of the |
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| 15 | 15 | | utility shall be regulated under traditional cost of service |
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| 16 | 16 | | regulation and the utility is subject to all applicable regulatory |
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| 17 | 17 | | authority prescribed by this subtitle and Subtitle A, including |
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| 18 | 18 | | Chapters 14, 32, 33, 36, and 37. Until the date on which an electric |
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| 19 | 19 | | utility subject to this subchapter implements customer choice, the |
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| 20 | 20 | | provisions of this chapter, other than this subchapter, Sections |
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| 21 | 21 | | [Section] 39.904 and 39.905, and the provisions relating to the |
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| 22 | 22 | | duty to obtain a permit from the Texas [Natural Resource |
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| 23 | 23 | | Conservation] Commission on Environmental Quality for an electric |
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| 24 | 24 | | generating facility and to reduce emissions from an electric |
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| 25 | 25 | | generating facility, shall not apply to that utility. That portion |
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| 26 | 26 | | of any commission order entered before September 1, 2001, to comply |
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| 27 | 27 | | with this subchapter shall be null and void. |
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| 28 | 28 | | SECTION 2. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2011. |
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