87R12128 CXP-D
By: Hinojosa H.B. No. 3468
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the governing body of the
independent organization certified to manage the ERCOT power
region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.151(g), Utilities Code, is amended to
read as follows:
(g) To maintain certification as an independent
organization under this section, an organization's governing body
must be composed of persons specified by this section and selected
in accordance with formal bylaws or protocols of the organization.
The bylaws or protocols must be approved by the commission and must
reflect the input of the commission. The bylaws must specify the
process by which appropriate stakeholders elect members and, for
unaffiliated members, prescribe professional qualifications for
selection as a member. The bylaws must require the use of a
professional search firm to identify candidates for membership of
unaffiliated members. The process must allow for commission input
in identifying candidates. The governing body must be composed of:
(1) the chairman of the commission as an ex officio
nonvoting member;
(2) the counsellor as an ex officio voting member
representing residential and small commercial consumer interests;
(3) the chief executive officer of the independent
organization as an ex officio voting member;
(4) six market participants elected by their
respective market segments to serve one-year terms, with:
(A) one representing independent generators;
(B) one representing investor-owned utilities;
(C) one representing power marketers;
(D) one representing retail electric providers;
(E) one representing municipally owned
utilities; and
(F) one representing electric cooperatives;
(5) one member representing industrial consumer
interests and elected by the industrial consumer market segment to
serve a one-year term;
(6) one member representing large commercial consumer
interests selected in accordance with the bylaws to serve a
one-year term; [and]
(7) five members unaffiliated with any market segment
and selected by the other members of the governing body to serve
three-year terms; and
(8) one member unaffiliated with any market segment
who is a climate scientist selected by the other members of the
governing body to serve a three-year term.
SECTION 2. (a) An independent organization certified under
Section 39.151, Utilities Code, by the Public Utility Commission of
Texas before the effective date of this Act shall modify the
organization's governing body to comply with Section 39.151,
Utilities Code, as amended by this Act, as soon as practicable, but
not later than September 1, 2021.
(b) After September 1, 2021, the Public Utility Commission
of Texas may decertify an independent organization whose governing
body does not comply with Section 39.151, Utilities Code, as
amended by this Act.
SECTION 3. 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.