87R13740 CXP-F
By: Hernandez, Paddie, Hunter, Morales Shaw, H.B. No. 16
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the sale of wholesale indexed products by retail
electric providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 39, Utilities Code, is
amended by adding Section 39.110 to read as follows:
Sec. 39.110. WHOLESALE INDEXED PRODUCTS PROHIBITED. (a)
In this section, "wholesale indexed product" means a retail
electric product in which the price a customer pays for electricity
includes a direct pass-through of real-time settlement point prices
determined by the independent organization certified under Section
39.151 for the ERCOT power region.
(b) A retail electric provider may not offer a wholesale
indexed product to a residential customer.
SECTION 2. Not later than December 1, 2021, the Public
Utility Commission of Texas shall adopt any rules necessary to
enforce Section 39.110, Utilities Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.