87R12230 BRG-D By: Crockett H.B. No. 3166 A BILL TO BE ENTITLED AN ACT relating to wholesale electricity prices in the ERCOT power region during and after a state of disaster. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 39, Utilities Code, is amended by adding Section 39.159 to read as follows: Sec. 39.159. WHOLESALE ENERGY MARKET PRICE CAP. During a state of disaster declared by the governor under Chapter 418, Government Code, in response to an event that causes a power supply shortage in ERCOT and for 30 days after the termination of the disaster declaration, the price of wholesale energy sold in a market operated by the independent organization certified under Section 39.151 for the ERCOT power region may not exceed 200 percent of the average peak daily price of wholesale energy sold in the market in the previous 90 days. SECTION 2. This Act takes effect September 1, 2021.