H.B. No. 3867
AN ACT
relating to the authority of the Public Utility Commission of Texas
to retain assistance for regional proceedings affecting certain
electric utilities and consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 39, Utilities Code, is
amended by adding Section 39.004 to read as follows:
Sec. 39.004. HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS.
(a) The commission may retain any consultant, accountant, auditor,
engineer, or attorney the commission considers necessary to
represent the commission in a proceeding before a regional
transmission organization, or before a court reviewing proceedings
of a regional transmission organization, related to:
(1) the relationship of an electric utility to a power
region, regional transmission organization, or independent system
operator;
(2) the approval of an agreement among an electric
utility and the electric utility's affiliates concerning the
coordination of the operations of the electric utility and the
electric utility's affiliates; or
(3) other matters related to an electric utility that
may affect the ultimate rates paid by retail customers in this
state.
(b) Notwithstanding Sections 39.402(a), 39.452(d), and
39.502(b), this section applies to an electric utility to which
Subchapter I, J, or K applies.
(c) Assistance for which a consultant, accountant, auditor,
engineer, or attorney may be retained under Subsection (a) may
include:
(1) conducting a study;
(2) conducting an investigation;
(3) presenting evidence;
(4) advising the commission; or
(5) representing the commission.
(d) The electric utility that is the subject of the
proceeding shall pay timely the reasonable costs of the services of
a person retained under Subsection (a), as determined by the
commission. The total costs an electric utility is required to pay
under this subsection may not exceed $1.5 million in a 12-month
period.
(e) The commission shall allow an electric utility to
recover both the total costs the electric utility paid under
Subsection (d) and the carrying charges for those costs through a
rider established annually to recover the costs paid and carrying
charges incurred during the preceding calendar year. The rider may
not be implemented before the rider is reviewed and approved by the
commission.
(f) The commission shall consult the attorney general
before the commission retains a consultant, accountant, auditor, or
engineer under Subsection (a). The retention of an attorney under
Subsection (a) is subject to the approval of the attorney general
under Section 402.0212, Government Code.
(g) The commission shall be precluded from engaging any
individual who is required to register under Section 305.003,
Government Code.
(h) This section expires September 1, 2023.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3867 was passed by the House on May 3,
2019, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3867 on May 24, 2019, by the following vote: Yeas 138, Nays 0,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3867 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor