By: Holland H.B. No. 2354
A BILL TO BE ENTITLED
AN ACT
relating to the governing body of the independent organization to
ensure access, reliability, adequacy, production, and market
information of the ERCOT power region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.151, UTILITY CODE, is amended to read
as follows:
(g) To maintain certification as an independent
organization under this section, an organization's governing body
must be composed of persons specified by this section and selected
in accordance with formal bylaws or protocols of the organization.
The bylaws or protocols must be approved by the commission and must
reflect the input of the commission. The bylaws must specify the
process by which appropriate stakeholders elect members and, for
unaffiliated members, prescribe professional qualifications for
selection as a member. The bylaws must require the use of a
professional search firm to identify candidates for membership of
unaffiliated members. The process must allow for commission input
in identifying candidates. The governing body must be composed of:
(1) the chairman of the commission as an ex officio
nonvoting member;
(2) the counsellor as an ex officio voting member
representing residential and small commercial consumer interests;
(3) the chief executive officer of the independent
organization as an ex officio voting member;
(4) six market participants elected by their
respective market segments to serve one-year terms, with:
(A) one representing independent generators;
(B) one representing investor-owned utilities;
(C) one representing power marketers;
(D) one representing retail electric providers;
(E) one representing municipally owned
utilities; and
(F) one representing electric cooperatives;
(5) one member representing industrial consumer
interests and elected by the industrial consumer market segment to
serve a one-year term;
(6) one member representing large commercial consumer
interests selected in accordance with the bylaws to serve a
one-year term; and
(7) five members unaffiliated with any market segment
and selected by the other members of the governing body to serve
three-year terms.
(g-1) The presiding officer of the governing body must be
one of the members described by Subsection (g)(7)
(g-2) To maintain certification as an independent
organization under this section, all board members of the governing
body under this Subsection must be a resident of Texas for tax
purposes.
SECTION 2. (a) An independent organization certified under
Section 39.151, Utilities Code, by the Public Utility Commission of
Texas before September 1, 2021, shall hold elections and select new
members as needed to modify the organization's governing body to
comply with Section 39.151, Utilities Code, as amended by this Act,
as soon as practicable, but not later than September 1, 2022.
(b) An independent organization certified under Section
39.151, Utilities Code, by the Public Utility Commission of Texas
before September 1, 2021, shall ensure that the chief executive
officer of the organization is a resident of this state as soon as
practicable, but not later than September 1, 2022.
(c) After September 1, 2022, the Public Utility Commission
of Texas may decertify an independent organization whose governing
body or chief executive officer does not comply with Section
39.151, Utilities Code, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2021.