| 1 | 1 | | 87R10707 CXP-D |
|---|
| 2 | 2 | | By: Davis H.B. No. 2529 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the membership of the governing body of the independent |
|---|
| 8 | 8 | | organization certified for 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 Subsection (g-2) to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (g) To maintain certification as an independent |
|---|
| 14 | 14 | | organization under this section, an organization's governing body |
|---|
| 15 | 15 | | must be composed of persons specified by this section and selected |
|---|
| 16 | 16 | | in accordance with formal bylaws or protocols of the organization. |
|---|
| 17 | 17 | | The bylaws or protocols must be approved by the commission and must |
|---|
| 18 | 18 | | reflect the input of the commission. The bylaws must specify the |
|---|
| 19 | 19 | | process by which appropriate stakeholders elect members and, for |
|---|
| 20 | 20 | | unaffiliated members, prescribe professional qualifications for |
|---|
| 21 | 21 | | selection as a member. The bylaws must require the use of a |
|---|
| 22 | 22 | | professional search firm to identify candidates for membership of |
|---|
| 23 | 23 | | unaffiliated members. The process must allow for commission input |
|---|
| 24 | 24 | | in identifying candidates. The governing body must be composed of: |
|---|
| 25 | 25 | | (1) [the chairman of the commission as an ex officio |
|---|
| 26 | 26 | | nonvoting member; |
|---|
| 27 | 27 | | [(2)] the counsellor as an ex officio voting member |
|---|
| 28 | 28 | | representing residential and small commercial consumer interests; |
|---|
| 29 | 29 | | (2) [(3)] the chief executive officer of the |
|---|
| 30 | 30 | | independent organization as an ex officio voting member; |
|---|
| 31 | 31 | | (3) [(4)] six market participants elected by their |
|---|
| 32 | 32 | | respective market segments to serve one-year terms, with: |
|---|
| 33 | 33 | | (A) one representing independent generators; |
|---|
| 34 | 34 | | (B) one representing investor-owned utilities; |
|---|
| 35 | 35 | | (C) one representing power marketers; |
|---|
| 36 | 36 | | (D) one representing retail electric providers; |
|---|
| 37 | 37 | | (E) one representing municipally owned |
|---|
| 38 | 38 | | utilities; and |
|---|
| 39 | 39 | | (F) one representing electric cooperatives; |
|---|
| 40 | 40 | | (4) [(5)] one member representing industrial consumer |
|---|
| 41 | 41 | | interests and elected by the industrial consumer market segment to |
|---|
| 42 | 42 | | serve a one-year term; |
|---|
| 43 | 43 | | (5) [(6)] one member representing large commercial |
|---|
| 44 | 44 | | consumer interests selected in accordance with the bylaws to serve |
|---|
| 45 | 45 | | a one-year term; and |
|---|
| 46 | 46 | | (6) (7) five members unaffiliated with any market |
|---|
| 47 | 47 | | segment and selected by the other members of the governing body to |
|---|
| 48 | 48 | | serve three-year terms. |
|---|
| 49 | 49 | | (g-1) The presiding officer of the governing body must be |
|---|
| 50 | 50 | | one of the members described by Subsection (g)(6) [(g)(7)]. |
|---|
| 51 | 51 | | (g-2) To maintain certification as an independent |
|---|
| 52 | 52 | | organization under this section, an organization's governing body |
|---|
| 53 | 53 | | may not include a commissioner as a member. |
|---|
| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|