86R9431 JXC-D
By: King of Parker H.B. No. 2829
A BILL TO BE ENTITLED
AN ACT
relating to electricity service provided by certain municipally
owned utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Utilities Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. REVIEW OF RATES OF CERTAIN MUNICIPAL UTILITIES
Sec. 32.151. APPLICABILITY. This subchapter applies only
to a municipally owned utility that:
(1) owns generation assets; and
(2) is not governed by an independent board.
Sec. 32.152. REVIEW OF RATES; CUSTOMER CHOICE. (a)
Notwithstanding any other law, a retail customer or group of
customers may file a petition for commission review of current or
proposed rates of a municipally owned utility that apply to the
petitioning customer or group if the customer or group:
(1) has a non-demand metered total usage of more than
100,000 kilowatt hours per year; or
(2) is served through a demand meter at secondary or
primary voltage.
(b) The commission shall initiate a proceeding not later
than the 90th day after the petition is submitted to determine
whether the rates of the municipally owned utility are consistent
with the rates available to similarly situated customers in areas
of the state that have access to customer choice. If the commission
determines that the rates of the municipally owned utility are
consistent with the rates available to similarly situated customers
in areas of the state that have access to customer choice, the
commission shall deny the petition.
(c) If the commission does not deny the petition under
Subsection (b), not later than the 90th day after the date of the
determination described by Subsection (b), the municipally owned
utility shall file a rate application with the commission that
complies in all material respects with the rules and forms
prescribed by the commission. The commission for good cause may
extend the deadline for filing the rate application.
(d) The commission shall conduct a full review of the rates
applicable to the petitioning customer or group to determine
whether those rates are just and reasonable using the standards
prescribed by Chapter 36, notwithstanding the lack of consistency
between those rates and rates available to similarly situated
customers in areas of the state that have access to customer choice.
If the commission determines that the rates are just and
reasonable, the commission shall deny the petition. If the
commission determines that the rates are not just and reasonable,
the commission shall set rates for the petitioning customer or
group that are just, reasonable, and consistent with the rates
available to similarly situated customers in areas of the state
that have access to customer choice.
SECTION 2. This Act takes effect September 1, 2019.