By: Buckingham S.B. No. 1470
A BILL TO BE ENTITLED
AN ACT
relating to chilled water service and district cooling systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.003, Utilities Code, is amended by
adding Subdivision (8-a) and amending Subdivision (11) to read as
follows:
(8-a) "District cooling system" means a system that
produces chilled water at a central plant and pipes that water to
buildings for air conditioning.
(11) "Municipally owned utility" means a utility owned,
operated, and controlled by a municipality or by a nonprofit
corporation the directors of which are appointed by one or more
municipalities and includes any district cooling system operated by
the utility.
SECTION 2. Section 552.133 (a-1)(2), Government Code, is
amended by adding Subdivision (P) to read as follows:
(P) information related to a chilled water program
or program designed to used chilled water to reduce peak demand.
SECTION 3. Section 552.113 (b), Government Code, is amended
to read as follows:
(b) Information or records are excepted from the
requirements of Section 552.021 if the information or records are
reasonably related to a competitive matter, as defined in this
section. Information or records of a municipally owned utility
that are reasonably related to a competitive matter are not subject
to disclosure under this chapter, whether or not, under the
Utilities Code, the municipally owned utility has adopted customer
choice or serves in a multiply certificated service area. This
section does not limit the right of a public power utility governing
body to withhold from disclosure information deemed to be within
the scope of any other exception provided for in this chapter,
subject to the provisions of this chapter. Information reasonably
related to a municipally owned utility's rate review process and
how the municipality or municipally owned utility sets rates for
electric service and chilled water service or any other service
designed by the municipality or municipally owned utility to curb
peak demand or shift load are subject to disclosure under this
chapter and are not excepted from disclosure under this Act.
SECTION 4. This Act takes effect September 1, 2021.