Texas 2019 - 86th Regular

Texas House Bill HB2011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13627 TYPED
2	2	By: Geren H.B. No. 2011
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the affordability of electric power for certain public
8	8	retail customers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 182.022, Tax Code, is amended by adding
11	11	Subsection (d) to read as follows:
12	12	(d) Notwithstanding any other provisions of this chapter, a
13	13	tax under this chapter may not be imposed on the gross receipts from
14	14	the sale of electricity to a public retail customer as defined by
15	15	section 35.101, Utilities Code.
16	16	SECTION 2. Section 35.102, Utilities Code, is amended by
17	17	adding Subsection (c) to read as follows:
18	18	(c) In selling or otherwise conveying electric power under
19	19	this section, the General Land Office letterhead, seal, or other
20	20	marketing materials may only be used by a person employed by the
21	21	General Land Office. For the purposes of this section, an employee
22	22	of an entity with which the General Land Office contracts is not
23	23	considered to be employed by the General Land Office.
24	24	SECTION 3. Subchapter D, Chapter 35, Utilities Code, is
25	25	amended by adding Section 35.1025 to read as follows:
26	26	Sec. 35.1025. PUBLIC BID TO SELL POWER TO PUBLIC RETAIL
27	27	CUSTOMERS. (a) The commissioner may not sell or otherwise convey
28	28	power to a public retail customer unless the commissioner submits a
29	29	public bid in response to a request for proposal in which bids are
30	30	solicited from multiple power providers to provide power to the
31	31	public retail customer.
32	32	(b) A bid submitted by the commissioner to provide power to
33	33	a public retail customer is subject to disclosure under Chapter
34	34	552, Government Code.
35	35	SECTION 4. The change in law made by this Act does not
36	36	affect taxes imposed before the effective date of this Act, and the
37	37	law in effect before the effective date of this Act is continued in
38	38	effect for purposes of the liability for and collection of those
39	39	taxes.
40	40	SECTION 5. (a) As soon as practicable after the effective
41	41	date of this Act, the Public Utility Commission of Texas, for an
42	42	electric utility regulated under Chapter 36, Utilities Code, shall
43	43	provide for the adjustment of the electric utility's billing of a
44	44	public school district customer to reflect any decrease in the
45	45	utility's tax liability to this state if the decrease is
46	46	attributable to the exemption in Section 182.022(d), Tax Code, as
47	47	added by this Act. An adjustment must be made effective at the same
48	48	time as the decrease of tax liability or as soon after that decrease
49	49	occurs as is reasonably practicable. The Public Utility Commission
50	50	of Texas is not required to provide for an adjustment if the
51	51	commission enters an order for the utility under Subchapter C or D,
52	52	Chapter 36, Utilities Code, that accounts for any decrease in the
53	53	utility's tax liability attributable to the exemption in Section
54	54	182.022(d), Tax Code, as added by this Act. An adjustment is not a
55	55	rate case under Subchapter C or D, Chapter 36, Utilities Code.
56	56	(b) As soon as practicable after the effective date of this
57	57	Act, a retail electric provider, as defined by Section 31.002,
58	58	Utilities Code, shall adjust the billing of a public school
59	59	district customer to reflect any decrease in the retail electric
60	60	provider's tax liability to this state if the decrease is
61	61	attributable to the exemption in Section 182.022(d), Tax Code, as
62	62	added by this Act. An adjustment must be made effective at the same
63	63	time as the decrease of tax liability or as soon after that decrease
64	64	occurs as is reasonably practicable.
65	65	SECTION 6. This Act takes effect September 1, 2019.