| 4 | 8 | | AN ACT |
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| 5 | 9 | | relating to the registration and regulation of brokers by the |
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| 6 | 10 | | Public Utility Commission of Texas. |
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| 7 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 12 | | SECTION 1. Subchapter H, Chapter 39, Utilities Code, is |
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| 9 | 13 | | amended by adding Section 39.3555 to read as follows: |
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| 10 | 14 | | Sec. 39.3555. REGISTRATION OF BROKERS. (a) In this |
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| 11 | 15 | | section, "brokerage services" means providing advice or |
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| 12 | 16 | | procurement services to, or acting on behalf of, a retail electric |
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| 13 | 17 | | customer regarding the selection of a retail electric provider, or |
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| 14 | 18 | | a product or service offered by a retail electric provider. |
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| 15 | 19 | | (b) A person may not provide brokerage services, including |
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| 16 | 20 | | brokerage services offered online, in this state for compensation |
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| 17 | 21 | | or other consideration unless the person is registered with the |
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| 18 | 22 | | commission as a broker. |
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| 19 | 23 | | (c) A retail electric provider may not register as a broker. |
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| 20 | 24 | | A broker may not sell or take title to electric energy. |
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| 21 | 25 | | (d) A retail electric provider may not knowingly provide |
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| 22 | 26 | | bids or offers to a person who: |
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| 23 | 27 | | (1) provides brokerage services in this state for |
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| 24 | 28 | | compensation or other consideration; and |
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| 25 | 29 | | (2) has not registered as a broker with the |
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| 26 | 30 | | commission. |
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| 27 | 31 | | (e) A person who registers under this section shall comply |
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| 28 | 32 | | with customer protection provisions, disclosure requirements, and |
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| 29 | 33 | | marketing guidelines established by the commission and by this |
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| 30 | 34 | | chapter and Chapter 17. |
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| 31 | 35 | | (f) The commission shall adopt rules as necessary to |
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| 32 | 36 | | implement this section. |
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| 33 | 37 | | (g) The commission shall process a person's application for |
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| 34 | 38 | | registration as a broker not later than the 60th day after the date |
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| 35 | 39 | | the person files the application. |
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| 36 | 40 | | SECTION 2. This Act takes effect September 1, 2019. |
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| 37 | | - | ______________________________ ______________________________ |
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| 38 | | - | President of the Senate Speaker of the House |
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| 39 | | - | I hereby certify that S.B. No. 1497 passed the Senate on |
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| 40 | | - | April 11, 2019, by the following vote: Yeas 31, Nays 0; and that |
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| 41 | | - | the Senate concurred in House amendment on May 21, 2019, by the |
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| 42 | | - | following vote: Yeas 31, Nays 0. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | I hereby certify that S.B. No. 1497 passed the House, with |
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| 46 | | - | amendment, on May 16, 2019, by the following vote: Yeas 95, |
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| 47 | | - | Nays 38, three present not voting. |
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| 48 | | - | ______________________________ |
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| 49 | | - | Chief Clerk of the House |
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| 50 | | - | Approved: |
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| 51 | | - | ______________________________ |
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| 52 | | - | Date |
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| 53 | | - | ______________________________ |
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| 54 | | - | Governor |
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