83R2793 JJT-F By: Hegar S.B. No. 405 A BILL TO BE ENTITLED AN ACT relating to the applicability of state law regulating the decommissioning costs of certain newly constructed commercial nuclear-powered electric generating facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.206(a)(3), Utilities Code, is amended to read as follows: (3) "Nuclear generating unit" means an electric generating facility that uses nuclear energy to generate electricity for sale and is licensed by the Nuclear Regulatory Commission [and was under construction in this state after January 1, 2007, but before January 1, 2015]. SECTION 2. Section 39.206(b), Utilities Code, is amended to read as follows: (b) This section applies only to the first six nuclear generating [generation] units the [under] construction of which begins on or after January 1, 2013, and before January 1, 2033, and which are [by January 1, 2015,] owned in whole or in part by a power generation company that elects to utilize the decommissioning mechanism set forth in this section. SECTION 3. 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, 2013.