Texas 2021 - 87th Regular

Texas House Bill HB2467 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10622 CXP-D
2	2	By: Price H.B. No. 2467
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the governing body and executive management team of the
8	8	independent organization certified to manage the ERCOT power
9	9	region.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 39.151, Utilities Code, is amended by
12	12	amending Subsections (g) and (g-1) and adding Subsections (g-2),
13	13	(g-3), and (g-4) to read as follows:
14	14	(g) To maintain certification as an independent
15	15	organization under this section, an organization's governing body
16	16	must be composed of persons specified by this section [and selected
17	17	in accordance with formal bylaws or protocols of the organization.
18	18	The bylaws or protocols must be approved by the commission and must
19	19	reflect the input of the commission. The bylaws must specify the
20	20	process by which appropriate stakeholders elect members and, for
21	21	unaffiliated members, prescribe professional qualifications for
22	22	selection as a member. The bylaws must require the use of a
23	23	professional search firm to identify candidates for membership of
24	24	unaffiliated members. The process must allow for commission input
25	25	in identifying candidates]. The governing body must be composed
26	26	of:
27	27	(1) the chairman of the commission as an ex officio
28	28	nonvoting member;
29	29	(2) the counsellor as an ex officio voting member
30	30	representing residential and small commercial consumer interests;
31	31	(3) the chief executive officer of the independent
32	32	organization as an ex officio voting member;
33	33	(4) six market participants elected by their
34	34	respective market segments to serve one-year terms, with:
35	35	(A) one representing independent generators;
36	36	(B) one representing investor-owned utilities;
37	37	(C) one representing power marketers;
38	38	(D) one representing retail electric providers;
39	39	(E) one representing municipally owned
40	40	utilities; and
41	41	(F) one representing electric cooperatives;
42	42	(5) one member representing industrial consumer
43	43	interests and elected by the industrial consumer market segment to
44	44	serve a one-year term;
45	45	(6) one member representing large commercial consumer
46	46	interests selected in accordance with the bylaws to serve a
47	47	one-year term; and
48	48	(7) five members representing the public appointed by
49	49	the governor to serve four-year terms who are unaffiliated with any
50	50	market segment and who have no associations, including familial or
51	51	professional associations, with energy producers or providers of
52	52	any kind, with:
53	53	(A) one member who resides in a county with a
54	54	population of less than 75,000;
55	55	(B) one member who resides in a county with a
56	56	population of at least 75,000 but less than 250,000; and
57	57	(C) three members who reside in a county with a
58	58	population of at least 250,000 [five members unaffiliated with any
59	59	market segment and selected by the other members of the governing
60	60	body to serve three-year terms].
61	61	(g-1) The presiding officer and vice presiding officer of
62	62	the governing body must be one of the members described by
63	63	Subsection (g)(7).
64	64	(g-2) Members of the organization's governing body required
65	65	by Subsections (g)(4), (5), and (6) must be selected in accordance
66	66	with formal bylaws or protocols of the organization. The bylaws or
67	67	protocols must be approved by the commission and must reflect the
68	68	input of the commission. The bylaws must specify the process by
69	69	which appropriate stakeholders elect members and, for unaffiliated
70	70	members, prescribe professional qualifications for selection as a
71	71	member. The bylaws must require the use of a professional search
72	72	firm to identify candidates for membership of unaffiliated members.
73	73	The process must allow for commission input in identifying
74	74	candidates.
75	75	(g-3) To qualify to serve as a member of the governing body
76	76	under Subsection (g)(4), (5), (6), or (7), a person must have a
77	77	primary residence within the geographic area of the power region
78	78	served by the independent organization.
79	79	(g-4) To maintain certification as an independent
80	80	organization under this section, an organization's chief executive
81	81	officer and each member of the organization's executive management
82	82	team must have a primary residence within the geographic area of the
83	83	power region served by the independent organization.
84	84	SECTION 2. (a) Not later than December 1, 2021, the
85	85	governor shall appoint members to the governing body of an
86	86	independent organization certified under Section 39.151, Utilities
87	87	Code, by the Public Utility Commission of Texas before September 1,
88	88	2021, to comply with Section 39.151, Utilities Code, as amended by
89	89	this Act.
90	90	(b) The two members of the governing body of an independent
91	91	organization certified under Section 39.151, Utilities Code, by the
92	92	Public Utility Commission of Texas before September 1, 2021, who
93	93	are initially appointed under Sections 39.151(g)(7)(A) and (B),
94	94	Utilities Code, as amended by this Act, serve terms expiring
95	95	February 1, 2025, and the three members who are initially appointed
96	96	under Section 39.151(g)(7)(C), Utilities Code, as amended by this
97	97	Act, serve terms expiring February 1, 2023.
98	98	(c) An independent organization certified under Section
99	99	39.151, Utilities Code, by the Public Utility Commission of Texas
100	100	before September 1, 2021, shall hold elections and select new
101	101	members as needed to modify the organization's governing body to
102	102	comply with Section 39.151, Utilities Code, as amended by this Act,
103	103	as soon as practicable, but not later than January 31, 2022.
104	104	(d) An independent organization certified under Section
105	105	39.151, Utilities Code, by the Public Utility Commission of Texas
106	106	before September 1, 2021, shall ensure that the chief executive
107	107	officer and executive management team of the organization comply
108	108	with Section 39.151, Utilities Code, as amended by this Act, as soon
109	109	as practicable, but not later than January 31, 2022.
110	110	(e) After January 31, 2022, the Public Utility Commission of
111	111	Texas may decertify an independent organization whose governing
112	112	body, executive management team, or chief executive officer does
113	113	not comply with Section 39.151, Utilities Code, as amended by this
114	114	Act.
115	115	SECTION 3. This Act takes effect September 1, 2021.