Texas 2021 - 87th Regular

Texas House Bill HB2522 Compare Versions

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

Old	New	Differences
1	1	87R10687 CXP-D
2	2	By: Metcalf H.B. No. 2522
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the governing body of the independent organization
8	8	certified to manage the ERCOT power region.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 39.151, Utilities Code, is amended by
11	11	amending Subsections (g) and (g-1) and adding Subsections (g-2),
12	12	(g-3), and (g-4) to read as follows:
13	13	(g) The commission may certify an independent organization
14	14	under this section only if the [To maintain certification as an
15	15	independent organization under this section, an] organization's
16	16	governing body is [must be] composed of 15 members appointed as
17	17	follows [persons specified by this section and selected in
18	18	accordance with formal bylaws or protocols of the organization.
19	19	The bylaws or protocols must be approved by the commission and must
20	20	reflect the input of the commission. The bylaws must specify the
21	21	process by which appropriate stakeholders elect members and, for
22	22	unaffiliated members, prescribe professional qualifications for
23	23	selection as a member. The bylaws must require the use of a
24	24	professional search firm to identify candidates for membership of
25	25	unaffiliated members. The process must allow for commission input
26	26	in identifying candidates. The governing body must be composed
27	27	of]:
28	28	(1) five members appointed by the governor [the
29	29	chairman of the commission as an ex officio nonvoting member];
30	30	(2) five members appointed by the lieutenant governor
31	31	[the counsellor as an ex officio voting member representing
32	32	residential and small commercial consumer interests]; and
33	33	(3) five members appointed by the speaker of the house
34	34	of representatives [the chief executive officer of the independent
35	35	organization as an ex officio voting member;
36	36	[(4) six market participants elected by their
37	37	respective market segments to serve one-year terms, with:
38	38	[(A) one representing independent generators;
39	39	[(B) one representing investor-owned utilities;
40	40	[(C) one representing power marketers;
41	41	[(D) one representing retail electric providers;
42	42	[(E) one representing municipally owned
43	43	utilities; and
44	44	[(F) one representing electric cooperatives;
45	45	[(5) one member representing industrial consumer
46	46	interests and elected by the industrial consumer market segment to
47	47	serve a one-year term;
48	48	[(6) one member representing large commercial
49	49	consumer interests selected in accordance with the bylaws to serve
50	50	a one-year term; and
51	51	[(7) five members unaffiliated with any market segment
52	52	and selected by the other members of the governing body to serve
53	53	three-year terms].
54	54	(g-1) The governing body of an independent organization
55	55	certified under this section shall elect a presiding officer from
56	56	among its members [of the governing body must be one of the members
57	57	described by Subsection (g)(7)].
58	58	(g-2) Members of the governing body of an independent
59	59	organization certified under this section serve staggered terms of
60	60	two years, with seven members' terms expiring February 1 of each
61	61	odd-numbered year and eight members' terms expiring February 1 of
62	62	each even-numbered year. Not later than the 30th day after the date
63	63	a member of the governing body's term expires, the appropriate
64	64	appointing authority shall appoint a replacement in the same manner
65	65	as the original appointment. If a vacancy occurs on the governing
66	66	body, the appropriate appointing authority shall appoint a
67	67	successor in the same manner as the original appointment to serve
68	68	for the remainder of the unexpired term. The appropriate
69	69	appointing authority shall appoint the successor not later than the
70	70	30th day after the date the vacancy occurs.
71	71	(g-3) To qualify for appointment as a member of the
72	72	governing body under Subsection (g), a person must be a resident of
73	73	this state.
74	74	(g-4) To maintain certification as an independent
75	75	organization under this section, an organization's chief executive
76	76	officer must be a resident of this state.
77	77	SECTION 2. (a) Not later than December 1, 2021, the
78	78	governor, lieutenant governor, and speaker of the house of
79	79	representatives shall comply with Section 39.151, Utilities Code,
80	80	as amended by this Act, by appointing members to the governing body
81	81	of an independent organization certified under Section 39.151,
82	82	Utilities Code, by the Public Utility Commission of Texas before
83	83	September 1, 2021. To establish staggered terms, the governor
84	84	shall designate seven initial appointees to serve terms expiring
85	85	February 1 of the next odd-numbered year and eight initial
86	86	appointees to serve terms expiring February 1 of the next
87	87	even-numbered year.
88	88	(b) An independent organization certified under Section
89	89	39.151, Utilities Code, by the Public Utility Commission of Texas
90	90	before September 1, 2021, shall ensure that the chief executive
91	91	officer of the organization is a resident of this state as soon as
92	92	practicable, but not later than September 1, 2022.
93	93	(c) After September 1, 2022, the Public Utility Commission
94	94	of Texas may decertify an independent organization whose governing
95	95	body or chief executive officer does not comply with Section
96	96	39.151, Utilities Code, as amended by this Act.
97	97	SECTION 3. This Act takes effect September 1, 2021.