| 1 | 1 | | By: Lucio S.B. No. 937 |
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| 2 | 2 | | (Naishtat) |
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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 priorities for restoration of electric service |
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| 8 | 8 | | following an extended power outage. |
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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. Subchapter D, Chapter 38, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 38.072 to read as follows: |
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| 12 | 12 | | Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN |
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| 13 | 13 | | MEDICAL FACILITIES. (a) In this section: |
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| 14 | 14 | | (1) "Assisted living facility" has the meaning |
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| 15 | 15 | | assigned by Section 247.002, Health and Safety Code. |
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| 16 | 16 | | (2) "Extended power outage" has the meaning assigned |
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| 17 | 17 | | by Section 13.1395, Water Code. |
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| 18 | 18 | | (3) "Hospice services" has the meaning assigned by |
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| 19 | 19 | | Section 142.001, Health and Safety Code. |
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| 20 | 20 | | (4) "Nursing facility" has the meaning assigned by |
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| 21 | 21 | | Section 242.301, Health and Safety Code. |
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| 22 | 22 | | (b) The commission by rule shall require an electric utility |
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| 23 | 23 | | to give to the following the same priority that it gives to a |
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| 24 | 24 | | hospital in the utility's emergency operations plan for restoring |
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| 25 | 25 | | power after an extended power outage: |
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| 26 | 26 | | (1) a nursing facility; |
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| 27 | 27 | | (2) an assisted living facility; and |
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| 28 | 28 | | (3) a facility that provides hospice services. |
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| 29 | 29 | | (c) The rules adopted by the commission under Subsection (b) |
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| 30 | 30 | | must allow an electric utility to exercise the electric utility's |
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| 31 | 31 | | discretion to prioritize power restoration for a facility after an |
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| 32 | 32 | | extended power outage in accordance with the facility's needs and |
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| 33 | 33 | | with the characteristics of the geographic area in which power must |
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| 34 | 34 | | be restored. |
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| 35 | 35 | | (d) A municipally owned utility shall report the emergency |
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| 36 | 36 | | operations plan for restoring power to a facility listed in |
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| 37 | 37 | | Subsection (b) to the municipality's governing body or the body |
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| 38 | 38 | | vested with the power to manage and operate the municipally owned |
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| 39 | 39 | | utility. |
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| 40 | 40 | | (e) An electric cooperative shall report the emergency |
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| 41 | 41 | | operations plan for restoring power to a facility listed in |
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| 42 | 42 | | Subsection (b) to the board of directors of the electric |
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| 43 | 43 | | cooperative. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2011. |
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