2015S0445-1 03/10/15
By: Campbell S.B. No. 1826
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the amount of installed electric
generation capacity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.001, Utilities Code, is amended by
amending Subsection (a) and adding Subsection (d-1) to read as
follows:
(a) The legislature finds that the production and sale of
electricity is not a monopoly warranting regulation of rates,
operations, and services and that the public interest in
competitive electric markets requires that, except for
transmission and distribution services and for the recovery of
stranded costs, generation capacity and electric services and their
prices should be determined by customer choices and the normal
forces of competition. As a result, this chapter is enacted to
protect the public interest during the transition to and in the
establishment of a fully competitive electric power industry.
(d-1) The legislature finds that the amount of installed
generation capacity is best determined by investor, generator, and
customer choices through the normal forces of competition. As a
result, except as provided in Section 39.154, regulatory
authorities shall not mandate or otherwise regulate the amount of
installed generation capacity, including requiring a surplus or
reserve of installed generation capacity above actual or forecasted
levels of load. Nothing in this subsection is intended to prevent
the commission or an independent organization from exercising its
responsibilities under Section 35.004(e).
SECTION 2. This Act takes effect September 1, 2015.