Texas 2019 - 86th Regular

Texas House Bill HB1397 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1397
	1	+	By: Phelan, et al. H.B. No. 1397
	2	+	(Senate Sponsor - Nichols, Schwertner)
	3	+	(In the Senate - Received from the House April 8, 2019;
	4	+	April 9, 2019, read first time and referred to Committee on
	5	+	Business & Commerce; April 30, 2019, reported adversely, with
	6	+	favorable Committee Substitute by the following vote: Yeas 9,
	7	+	Nays 0; April 30, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1397 By: Nichols
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the establishment of rates for certain non-ERCOT
6	15		utilities.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Section 36.112(g), Utilities Code, is amended to
9	18		read as follows:
10	19		(g) This section expires September 1, 2031 [2023].
11	20		SECTION 2. Section 36.211(f), Utilities Code, is amended to
12	21		read as follows:
13	22		(f) This section expires September 1, 2031 [2023].
14	23		SECTION 3. Section 36.212(g), Utilities Code, is amended to
15	24		read as follows:
16	25		(g) This section expires September 1, 2031 [2023].
17	26		SECTION 4. Subchapter E, Chapter 36, Utilities Code, is
18	27		amended by adding Section 36.213 to read as follows:
19	28		Sec. 36.213. RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT
20	29		UTILITIES. (a) This section applies only to an electric utility
21	30		that operates solely outside of ERCOT.
22	31		(b) An electric utility may file, and the commission may
23	32		approve, an application for a rider to recover the electric
24	33		utility's investment in a power generation facility.
25	34		(c) An application under Subsection (b) may be filed by the
26	35		electric utility and approved by the commission before the electric
27	36		utility places the power generation facility in service.
28	37		(d) Any rider approved under Subsection (b) shall take
29	38		effect on the date the power generation facility begins providing
30	39		service to the electric utility's customers.
31	40		(e) Amounts recovered through a rider approved under
32	41		Subsection (b) are subject to reconciliation in the first
33	42		comprehensive base rate proceeding for the electric utility that
34	43		occurs after approval of the rider. During the reconciliation, the
35	44		commission shall determine if the amounts recovered through the
36	45		rider are reasonable and necessary.
37	46		(f) If a rider approved under Subsection (b) includes
38		-	incremental recovery for a power generation facility greater than
39		-	$200 million on a Texas jurisdictional basis
40		-	, the electric utility
41		-	that filed the rider shall initiate a comprehensive base rate
42		-	proceeding at the commission not later than 18 months after the date
43		-	the rider takes effect.
	47	+	recovery for a power generation facility that provides greater than
	48	+	$200 million of Texas jurisdictional generation capacity, the
	49	+	electric utility that filed the rider shall initiate a
	50	+	comprehensive base rate proceeding at the commission not later than
	51	+	18 months after the date the rider takes effect.
44	52		(g) The commission shall adopt rules as necessary to
45	53		implement this section.
46	54		(h) This section expires September 1, 2031.
47	55		SECTION 5. Not later than September 1, 2020, the Public
48	56		Utility Commission of Texas shall adopt rules required by Section
49	57		36.213(g), Utilities Code, as added by this Act.
50	58		SECTION 6. This Act takes effect immediately if it receives
51	59		a vote of two-thirds of all the members elected to each house, as
52	60		provided by Section 39, Article III, Texas Constitution. If this
53	61		Act does not receive the vote necessary for immediate effect, this
54	62		Act takes effect September 1, 2019.
55		-	______________________________ ______________________________
56		-	President of the Senate Speaker of the House
57		-	I certify that H.B. No. 1397 was passed by the House on April
58		-	5, 2019, by the following vote: Yeas 141, Nays 1, 2 present, not
59		-	voting; that the House concurred in Senate amendments to H.B. No.
60		-	1397 on May 24, 2019, by the following vote: Yeas 142, Nays 0, 2
61		-	present, not voting; and that the House adopted H.C.R. No. 184
62		-	authorizing certain corrections in H.B. No. 1397 on May 24, 2019, by
63		-	the following vote: Yeas 141, Nays 0, 2 present, not voting.
64		-	______________________________
65		-	Chief Clerk of the House
66		-	I certify that H.B. No. 1397 was passed by the Senate, with
67		-	amendments, on May 8, 2019, by the following vote: Yeas 30, Nays 1;
68		-	and that the Senate adopted H.C.R. No. 184 authorizing certain
69		-	corrections in H.B. No. 1397 on May 26, 2019, by the following vote:
70		-	Yeas 31, Nays 0.
71		-	______________________________
72		-	Secretary of the Senate
73		-	APPROVED: __________________
74		-	Date
75		-	__________________
76		-	Governor
	63	+	* * * * *