Texas 2021 - 87th Regular

Texas House Bill HB2775 Compare Versions

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

Old	New	Differences
1	1	87R5422 CXP-D
2	2	By: Cain H.B. No. 2775
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electricity service provided by certain municipally
8	8	owned utilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 32, Utilities Code, is amended by adding
11	11	Subchapter D to read as follows:
12	12	SUBCHAPTER D. REVIEW OF RATES OF CERTAIN MUNICIPAL UTILITIES
13	13	Sec. 32.151. APPLICABILITY. This subchapter applies only
14	14	to a municipally owned utility that provides service in the Capitol
15	15	complex, as defined by Section 443.0071, Government Code.
16	16	Sec. 32.152. REVIEW OF RATES; CUSTOMER CHOICE. (a)
17	17	Notwithstanding any other law, a retail customer or group of
18	18	customers may file a petition for commission review of current or
19	19	proposed rates of a municipally owned utility that apply to the
20	20	petitioning customer or group if the customer or group:
21	21	(1) has a non-demand metered total usage of more than
22	22	100,000 kilowatt hours per year; or
23	23	(2) is served through a demand meter at secondary or
24	24	primary voltage.
25	25	(b) The commission shall initiate a proceeding not later
26	26	than the 90th day after the petition is submitted to determine
27	27	whether the rates of the municipally owned utility are consistent
28	28	with the rates available to similarly situated customers in areas
29	29	of the state that have access to customer choice. If the commission
30	30	determines that the rates of the municipally owned utility are
31	31	consistent with the rates available to similarly situated customers
32	32	in areas of the state that have access to customer choice, the
33	33	commission shall deny the petition.
34	34	(c) If the commission does not deny the petition under
35	35	Subsection (b), not later than the 90th day after the date of the
36	36	determination described by Subsection (b), the municipally owned
37	37	utility shall file a rate application with the commission that
38	38	complies in all material respects with the rules and forms
39	39	prescribed by the commission. The commission for good cause may
40	40	extend the deadline for filing the rate application.
41	41	(d) The commission shall conduct a full review of the rates
42	42	applicable to the petitioning customer or group to determine
43	43	whether those rates are just and reasonable using the standards
44	44	prescribed by Chapter 36, notwithstanding the lack of consistency
45	45	between those rates and rates available to similarly situated
46	46	customers in areas of the state that have access to customer choice.
47	47	If the commission determines that the rates are just and
48	48	reasonable, the commission shall deny the petition. If the
49	49	commission determines that the rates are not just and reasonable,
50	50	the commission shall set rates for the petitioning customer or
51	51	group that are just, reasonable, and consistent with the rates
52	52	available to similarly situated customers in areas of the state
53	53	that have access to customer choice.
54	54	SECTION 2. Section 40.004, Utilities Code, is amended to
55	55	read as follows:
56	56	Sec. 40.004. JURISDICTION OF COMMISSION. Except as
57	57	specifically otherwise provided in this chapter, the commission has
58	58	jurisdiction over municipally owned utilities only for the
59	59	following purposes:
60	60	(1) to regulate wholesale transmission rates and
61	61	service, including terms of access, to the extent provided by
62	62	Subchapter A, Chapter 35;
63	63	(2) to regulate certification of retail service areas
64	64	to the extent provided by Chapter 37;
65	65	(3) to regulate rates:
66	66	(A) under Subchapter D, Chapter 32, subject to
67	67	Section 40.051(c); and
68	68	(B) on appeal under Subchapters D and E, Chapter
69	69	33, subject to Section 40.051(c);
70	70	(4) to establish a code of conduct as provided by
71	71	Section 39.157(e) applicable to anticompetitive activities and to
72	72	affiliate activities limited to structurally unbundled affiliates
73	73	of municipally owned utilities, subject to Section 40.054;
74	74	(5) to establish terms and conditions for open access
75	75	to transmission and distribution facilities for municipally owned
76	76	utilities providing customer choice, as provided by Section 39.203;
77	77	(6) to administer the renewable energy credits program
78	78	under Section 39.904(b) and the natural gas energy credits program
79	79	under Section 39.9044(b);
80	80	(7) to require reports of municipally owned utility
81	81	operations only to the extent necessary to:
82	82	(A) enable the commission to determine the
83	83	aggregate load and energy requirements of the state and the
84	84	resources available to serve that load; or
85	85	(B) enable the commission to determine
86	86	information relating to market power as provided by Section 39.155;
87	87	and
88	88	(8) to evaluate and monitor the cybersecurity
89	89	preparedness of a municipally owned utility described by Section
90	90	39.1516(a)(3) or (4).
91	91	SECTION 3. Section 40.051(c), Utilities Code, is amended to
92	92	read as follows:
93	93	(c) After a decision to offer customer choice has been made,
94	94	Subchapter D, Chapter 32, and Subchapters D and E, Chapter 33, do
95	95	not apply to any action taken under this chapter.
96	96	SECTION 4. This Act takes effect September 1, 2021.