| 1 | 1 | | 87R10669 CXP-D |
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| 2 | 2 | | By: Rosenthal H.B. No. 3180 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility criteria regarding commissioners of the |
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| 8 | 8 | | Public Utility Commission of Texas and the governing body of the |
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| 9 | 9 | | independent organization certified to manage the ERCOT power |
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| 10 | 10 | | region. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 12.053(a), Utilities Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) To be eligible for appointment, a commissioner must: |
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| 15 | 15 | | (1) be a qualified voter; |
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| 16 | 16 | | (2) be a citizen of the United States; |
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| 17 | 17 | | (3) be a resident of this state; |
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| 18 | 18 | | (4) be a competent and experienced administrator; |
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| 19 | 19 | | (5) [(4)] be well informed and qualified in the field |
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| 20 | 20 | | of public utilities and utility regulation; and |
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| 21 | 21 | | (6) [(5)] have at least five years of experience in |
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| 22 | 22 | | the administration of business or government or as a practicing |
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| 23 | 23 | | attorney or certified public accountant. |
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| 24 | 24 | | SECTION 2. Section 39.151, Utilities Code, is amended by |
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| 25 | 25 | | adding Subsections (g-2) and (g-3) to read as follows: |
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| 26 | 26 | | (g-2) To qualify to serve as a member of the governing body |
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| 27 | 27 | | under Subsection (g)(4), (5), (6), or (7), a person must be a |
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| 28 | 28 | | resident of this state. |
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| 29 | 29 | | (g-3) To maintain certification as an independent |
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| 30 | 30 | | organization under this section, an organization's chief executive |
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| 31 | 31 | | officer must be a resident of this state. |
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| 32 | 32 | | SECTION 3. (a) An independent organization certified under |
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| 33 | 33 | | Section 39.151, Utilities Code, by the Public Utility Commission of |
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| 34 | 34 | | Texas before September 1, 2021, shall hold elections and select new |
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| 35 | 35 | | members as needed to modify the organization's governing body to |
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| 36 | 36 | | comply with Section 39.151, Utilities Code, as amended by this Act, |
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| 37 | 37 | | as soon as practicable, but not later than September 1, 2022. |
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| 38 | 38 | | (b) An independent organization certified under Section |
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| 39 | 39 | | 39.151, Utilities Code, by the Public Utility Commission of Texas |
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| 40 | 40 | | before September 1, 2021, shall ensure that the chief executive |
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| 41 | 41 | | officer of the organization is a resident of this state as soon as |
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| 42 | 42 | | practicable, but not later than September 1, 2022. |
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| 43 | 43 | | (c) After September 1, 2022, the Public Utility Commission |
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| 44 | 44 | | of Texas may decertify an independent organization whose governing |
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| 45 | 45 | | body or chief executive officer does not comply with Section |
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| 46 | 46 | | 39.151, Utilities Code, as amended by this Act. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2021. |
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