Texas 2015 - 84th Regular

Texas Senate Bill SB1945 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Fraser S.B. No. 1945
2	2	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3	3	first time and referred to Committee on Natural Resources and
4	4	Economic Development; April 16, 2015, reported adversely, with
5	5	favorable Committee Substitute by the following vote: Yeas 7,
6	6	Nays 3; April 16, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1945 By: Fraser
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to electricity service provided by municipally owned
14	14	utilities.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 33, Utilities Code, is amended by adding
17	17	Subchapter F to read as follows:
18	18	SUBCHAPTER F. REVIEW OF RATES OF CERTAIN MUNICIPAL UTILITIES
19	19	Sec. 33.151. APPLICABILITY. This subchapter applies only
20	20	to a municipally owned utility:
21	21	(1) that serves at least 400,000 customers; and
22	22	(2) whose service area is located in the ERCOT power
23	23	region in a municipality with a population of less than 1.3 million.
24	24	Sec. 33.152. REVIEW OF RATES; CUSTOMER CHOICE.
25	25	(a) Notwithstanding any other law, a retail customer or group of
26	26	customers with a total usage of more than 25 million kilowatt hours
27	27	per year may file a petition for commission review of current or
28	28	proposed rates of a municipally owned utility that apply to the
29	29	petitioning customers.
30	30	(b) Not later than the 90th day after the date a petition is
31	31	filed with the commission, the municipally owned utility that is
32	32	the subject of the petition shall file a rate application with the
33	33	commission that complies in all material respects with the rules
34	34	and forms prescribed by the commission. The commission for good
35	35	cause may extend the deadline for filing the rate application.
36	36	(c) The commission shall conduct a full review of the rates
37	37	that apply to the petitioning customers to determine whether the
38	38	rates are:
39	39	(1) just and reasonable under Chapter 36; and
40	40	(2) consistent with rates available to similarly
41	41	situated customers in areas of the state that have access to
42	42	customer choice.
43	43	(d) If the commission finds that the rates are not just and
44	44	reasonable or are not consistent with the rates available to
45	45	similarly situated customers in areas of the state that have access
46	46	to customer choice, the commission shall:
47	47	(1) set rates for the petitioning customer or
48	48	customers that are just, reasonable, and consistent with the rates
49	49	available to similarly situated customers in areas of the state
50	50	that have access to customer choice; or
51	51	(2) set cost-based transmission and distribution
52	52	rates for the municipally owned utility and allow a petitioning
53	53	customer or customers to purchase electricity through a retail
54	54	electric provider.
55	55	SECTION 2. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2015.
60	60	* * * * *