Texas 2021 - 87th Regular

Texas Senate Bill SB1624 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R12268 CXP-D
2	2	By: Miles S.B. No. 1624
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the governing body of the independent organization
8	8	certified to manage the ERCOT power region.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 39.151, Utilities Code, is amended by
11	11	amending Subsections (g) and (g-1) and adding Subsection (g-2) to
12	12	read as follows:
13	13	(g) To maintain certification as an independent
14	14	organization under this section, an organization's governing body
15	15	must be composed of persons specified by this section [and selected
16	16	in accordance with formal bylaws or protocols of the organization.
17	17	The bylaws or protocols must be approved by the commission and must
18	18	reflect the input of the commission. The bylaws must specify the
19	19	process by which appropriate stakeholders elect members and, for
20	20	unaffiliated members, prescribe professional qualifications for
21	21	selection as a member. The bylaws must require the use of a
22	22	professional search firm to identify candidates for membership of
23	23	unaffiliated members. The process must allow for commission input
24	24	in identifying candidates]. The governing body must be composed
25	25	of:
26	26	(1) the chairman of the commission as an ex officio
27	27	nonvoting member; and
28	28	(2) eight members appointed by the governor with the
29	29	advice and consent of the senate, with:
30	30	(A) six members representing various market
31	31	segments; and
32	32	(B) two members representing consumer interests
33	33	[the counsellor as an ex officio voting member representing
34	34	residential and small commercial consumer interests;
35	35	[(3) the chief executive officer of the independent
36	36	organization as an ex officio voting member;
37	37	[(4) six market participants elected by their
38	38	respective market segments to serve one-year terms, with:
39	39	[(A) one representing independent generators;
40	40	[(B) one representing investor-owned utilities;
41	41	[(C) one representing power marketers;
42	42	[(D) one representing retail electric providers;
43	43	[(E) one representing municipally owned
44	44	utilities; and
45	45	[(F) one representing electric cooperatives;
46	46	[(5) one member representing industrial consumer
47	47	interests and elected by the industrial consumer market segment to
48	48	serve a one-year term;
49	49	[(6) one member representing large commercial
50	50	consumer interests selected in accordance with the bylaws to serve
51	51	a one-year term; and
52	52	[(7) five members unaffiliated with any market segment
53	53	and selected by the other members of the governing body to serve
54	54	three-year terms].
55	55	(g-1) The governor shall select a presiding officer of the
56	56	governing body from among its members [of the governing body must be
57	57	one of the members described by Subsection (g)(7)].
58	58	(g-2) Members of the governing body of an independent
59	59	organization certified under this section serve staggered terms of
60	60	four years, with four members' terms expiring February 1 of each
61	61	odd-numbered year. Not later than the 30th day after the date a
62	62	member of the governing body's term expires, the governor shall
63	63	appoint a replacement in the same manner as the original
64	64	appointment. If a vacancy occurs on the governing body, the
65	65	governor shall appoint a successor in the same manner as the
66	66	original appointment to serve for the remainder of the unexpired
67	67	term. The governor shall appoint the successor not later than the
68	68	30th day after the date the vacancy occurs.
69	69	SECTION 2. (a) Not later than December 1, 2021, the
70	70	governor shall comply with Section 39.151, Utilities Code, as
71	71	amended by this Act, by appointing members to the governing body of
72	72	an independent organization certified under Section 39.151,
73	73	Utilities Code, by the Public Utility Commission of Texas before
74	74	September 1, 2021. To establish staggered terms, the governor
75	75	shall designate four initial appointees to serve terms expiring
76	76	February 1, 2023, and four initial appointees to serve terms
77	77	expiring February 1, 2025.
78	78	(b) After September 1, 2022, the Public Utility Commission
79	79	of Texas may decertify an independent organization whose governing
80	80	body does not comply with Section 39.151, Utilities Code, as
81	81	amended by this Act.
82	82	SECTION 3. This Act takes effect September 1, 2021.