| 1 | 1 | | 2015S0445-1 03/10/15 |
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| 2 | 2 | | By: Campbell S.B. No. 1826 |
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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 the regulation of the amount of installed electric |
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| 8 | 8 | | generation capacity. |
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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. Section 39.001, Utilities Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (d-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) The legislature finds that the production and sale of |
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| 14 | 14 | | electricity is not a monopoly warranting regulation of rates, |
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| 15 | 15 | | operations, and services and that the public interest in |
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| 16 | 16 | | competitive electric markets requires that, except for |
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| 17 | 17 | | transmission and distribution services and for the recovery of |
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| 18 | 18 | | stranded costs, generation capacity and electric services and their |
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| 19 | 19 | | prices should be determined by customer choices and the normal |
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| 20 | 20 | | forces of competition. As a result, this chapter is enacted to |
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| 21 | 21 | | protect the public interest during the transition to and in the |
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| 22 | 22 | | establishment of a fully competitive electric power industry. |
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| 23 | 23 | | (d-1) The legislature finds that the amount of installed |
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| 24 | 24 | | generation capacity is best determined by investor, generator, and |
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| 25 | 25 | | customer choices through the normal forces of competition. As a |
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| 26 | 26 | | result, except as provided in Section 39.154, regulatory |
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| 27 | 27 | | authorities shall not mandate or otherwise regulate the amount of |
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| 28 | 28 | | installed generation capacity, including requiring a surplus or |
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| 29 | 29 | | reserve of installed generation capacity above actual or forecasted |
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| 30 | 30 | | levels of load. Nothing in this subsection is intended to prevent |
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| 31 | 31 | | the commission or an independent organization from exercising its |
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| 32 | 32 | | responsibilities under Section 35.004(e). |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2015. |
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