Texas 2019 - 86th Regular

Texas House Bill HB3867 Compare Versions

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1-H.B. No. 3867
1+By: Springer (Senate Sponsor - Perry) H.B. No. 3867
2+ (In the Senate - Received from the House May 6, 2019;
3+ May 7, 2019, read first time and referred to Committee on Business &
4+ Commerce; May 17, 2019, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 7, Nays 0;
6+ May 17, 2019, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 3867 By: Nichols
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11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the authority of the Public Utility Commission of Texas
614 to retain assistance for regional proceedings affecting certain
715 electric utilities and consumers.
816 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
917 SECTION 1. Subchapter A, Chapter 39, Utilities Code, is
1018 amended by adding Section 39.004 to read as follows:
1119 Sec. 39.004. HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS.
1220 (a) The commission may retain any consultant, accountant, auditor,
1321 engineer, or attorney the commission considers necessary to
1422 represent the commission in a proceeding before a regional
1523 transmission organization, or before a court reviewing proceedings
1624 of a regional transmission organization, related to:
1725 (1) the relationship of an electric utility to a power
1826 region, regional transmission organization, or independent system
1927 operator;
2028 (2) the approval of an agreement among an electric
2129 utility and the electric utility's affiliates concerning the
2230 coordination of the operations of the electric utility and the
2331 electric utility's affiliates; or
2432 (3) other matters related to an electric utility that
2533 may affect the ultimate rates paid by retail customers in this
2634 state.
2735 (b) Notwithstanding Sections 39.402(a), 39.452(d), and
2836 39.502(b), this section applies to an electric utility to which
2937 Subchapter I, J, or K applies.
3038 (c) Assistance for which a consultant, accountant, auditor,
3139 engineer, or attorney may be retained under Subsection (a) may
3240 include:
3341 (1) conducting a study;
3442 (2) conducting an investigation;
3543 (3) presenting evidence;
3644 (4) advising the commission; or
3745 (5) representing the commission.
3846 (d) The electric utility that is the subject of the
3947 proceeding shall pay timely the reasonable costs of the services of
4048 a person retained under Subsection (a), as determined by the
4149 commission. The total costs an electric utility is required to pay
4250 under this subsection may not exceed $1.5 million in a 12-month
4351 period.
4452 (e) The commission shall allow an electric utility to
4553 recover both the total costs the electric utility paid under
4654 Subsection (d) and the carrying charges for those costs through a
4755 rider established annually to recover the costs paid and carrying
4856 charges incurred during the preceding calendar year. The rider may
4957 not be implemented before the rider is reviewed and approved by the
5058 commission.
5159 (f) The commission shall consult the attorney general
5260 before the commission retains a consultant, accountant, auditor, or
5361 engineer under Subsection (a). The retention of an attorney under
5462 Subsection (a) is subject to the approval of the attorney general
5563 under Section 402.0212, Government Code.
5664 (g) The commission shall be precluded from engaging any
5765 individual who is required to register under Section 305.003,
5866 Government Code.
5967 (h) This section expires September 1, 2023.
6068 SECTION 2. This Act takes effect September 1, 2019.
61- ______________________________ ______________________________
62- President of the Senate Speaker of the House
63- I certify that H.B. No. 3867 was passed by the House on May 3,
64- 2019, by the following vote: Yeas 140, Nays 0, 2 present, not
65- voting; and that the House concurred in Senate amendments to H.B.
66- No. 3867 on May 24, 2019, by the following vote: Yeas 138, Nays 0,
67- 3 present, not voting.
68- ______________________________
69- Chief Clerk of the House
70- I certify that H.B. No. 3867 was passed by the Senate, with
71- amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
72- 0.
73- ______________________________
74- Secretary of the Senate
75- APPROVED: __________________
76- Date
77- __________________
78- Governor
69+ * * * * *