87R11806 SGM-F
By: Reynolds H.B. No. 3362
A BILL TO BE ENTITLED
AN ACT
relating to the provision of electricity service in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.101(b), Utilities Code, is amended to
read as follows:
(b) A customer is entitled:
(1) to be informed about rights and opportunities in
the transition to a competitive electric industry;
(2) to choose the customer's retail electric provider
consistent with this chapter, to have that choice honored, and to
assume that the customer's chosen provider will not be changed
without the customer's informed consent;
(3) to have access to providers of energy efficiency
services, to on-site distributed generation, and to providers of
energy generated by renewable energy resources;
(4) to be served by a provider of last resort that
offers a commission-approved standard service package;
(5) to receive sufficient information to make an
informed choice of service provider;
(6) to be protected from unfair, misleading, or
deceptive practices, including protection from being billed for
services that were not authorized or provided; [and]
(7) to have an impartial and prompt resolution of
disputes with its chosen retail electric provider and transmission
and distribution utility;
(8) to participation in demand response programs
through retail electric providers and demand response providers;
and
(9) to receive notice from the retail electric
provider that serves the customer:
(A) when the independent organization certified
under Section 39.151 for the ERCOT power region issues an emergency
energy alert about low operating reserves to providers of
generation in the power region; or
(B) of imminent rolling outages and the length of
time the outages are planned or expected to last.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.918 to read as follows:
Sec. 39.918. RESIDENTIAL DEMAND RESPONSE PROGRAM. (a) The
commission by rule shall require each retail electric provider in
the ERCOT power region to create a residential demand response
program to reduce the average total residential load by at least:
(1) one percent of peak summer and winter demand by
December 31, 2022;
(2) two percent of peak summer and winter demand by
December 31, 2023;
(3) three percent of peak summer and winter demand by
December 31, 2024; and
(4) five percent of peak summer and winter demand by
December 31, 2025.
(b) The rules must:
(1) ensure that demand response participation is
reasonably available to residential customers;
(2) promote the use of smart metering technology;
(3) ensure that demand response programs are capable
of responding to an emergency energy alert about low operating
reserves issued by the independent organization certified under
Section 39.151 for the ERCOT power region;
(4) provide opportunities for demand response
providers to contract with retail electric providers to provide
demand response services; and
(5) ensure the program does not impact the critical
needs of vulnerable populations.
SECTION 3. Subchapter A, Chapter 186, Utilities Code, is
amended by adding Section 186.008 to read as follows:
Sec. 186.008. TRANSMISSION OUTAGE PLAN. (a) In this
section, "commission" means the Public Utility Commission of Texas.
(b) The commission by rule shall require all electric
utilities, as defined by Section 31.002, municipally owned
utilities, and electric cooperatives that own transmission and
distribution assets in this state to file and implement an outage
plan that includes a plan for shutting off customer access to
electricity in the event of the need for rolling outages to prevent
brown-outs and black-outs. The rules must:
(1) require the utility or cooperative to update the
plan annually;
(2) share the plan with the independent system
operator, as defined by Section 31.002, for the area in which the
utility or cooperative operates; and
(3) require the utility or cooperative to make the
plan publicly available.
(c) The commission may require an electric utility,
municipally owned utility, or electric cooperative subject to this
section to file an updated transmission outage plan if the
commission finds that a transmission outage plan on file does not
contain adequate information.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.