87R12723 BRG-D
By: Martinez Fischer H.B. No. 4542
A BILL TO BE ENTITLED
AN ACT
relating to municipally owned utilities in ERCOT accessing
transmission service and power at wholesale outside of ERCOT.
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. ACCESS TO WHOLESALE POWER AND TRANSMISSION
SERVICE OUTSIDE ERCOT. Notwithstanding any other law, a
municipally owned utility that transmits or distributes power
purchased at wholesale in ERCOT may make requests, obtain
approvals, enter into contracts, and construct facilities as
necessary to:
(1) access transmission service from outside of ERCOT;
and
(2) purchase power at wholesale from outside of ERCOT.
SECTION 2. Not later than November 1, 2022, the Public
Utility Commission of Texas shall examine the laws and rules
governing electric utilities in this state to determine how Section
39.159, Utilities Code, as added by this Act, may affect the
application of those laws and rules and shall adopt recommendations
for legislative and administrative action as necessary to implement
that section as effectively as practicable.
SECTION 3. (a) Section 39.159, Utilities Code, as added by
this Act, takes effect September 1, 2023.
(b) Section 2 of this Act takes effect September 1, 2021.