TX
Texas Senate Bill SR564

Texas 2021 - 87th Regular

Texas Senate Bill SR564 Compare Versions

OldNewDifferences
1+87R30033 CXP-D
12 By: Hancock S.R. No. 564
23
34
4- SENATE RESOLUTION
5+ R E S O L U T I O N
56 BE IT RESOLVED by the Senate of the State of Texas, 87th
67 Legislature, Regular Session, 2021, That Senate Rule 12.03 be
78 suspended in part as provided by Senate Rule 12.08 to enable the
8- conference committee appointed to resolve the differences on
9- Senate Bill 2 (the governance of the Public Utility Commission of
10- Texas, the Office of Public Utility Counsel, and an independent
9+ conference committee appointed to resolve the differences on Senate
10+ Bill 2 (the governance of the Public Utility Commission of Texas,
11+ the Office of Public Utility Counsel, and an independent
1112 organization certified to manage a power region) to consider and
1213 take action on the following matters:
1314 (1) Senate Rules 12.03(1), (3), and (4) are suspended to
14- permit the committee to amend text not in disagreement, to add
15- text on a matter not in disagreement, and to add text on a matter
16- not included in either the house or senate version of the bill in
15+ permit the committee to amend text not in disagreement, to add text
16+ on a matter not in disagreement, and to add text on a matter not
17+ included in either the house or senate version of the bill in
1718 proposed SECTION 3 of the bill, in amended Sections 39.151(g) and
18- (g-1), Utilities Code, and added Sections 39.151(g-2), (g-3),
19- and (g-4), Utilities Code, to read as follows:
19+ (g-1), Utilities Code, and added Sections 39.151(g-2), (g-3), and
20+ (g-4), Utilities Code, to read as follows:
2021 (g) To maintain certification as an independent
2122 organization for the ERCOT power region under this section, an
22- organization's governing body must be composed of persons
23- selected by the ERCOT board selection committee [specified by
24- this section and selected in accordance with formal bylaws or
25- protocols of the organization].
23+ organization's governing body must be composed of persons selected
24+ by the ERCOT board selection committee [specified by this section
25+ and selected in accordance with formal bylaws or protocols of the
26+ organization].
2627 (g-1) The independent organization's bylaws or protocols
27- must be approved by the commission and must reflect the input of
28- the commission. [The bylaws must specify the process by which
28+ must be approved by the commission and must reflect the input of the
29+ commission. [The bylaws must specify the process by which
2930 appropriate stakeholders elect members and, for unaffiliated
30- members, prescribe professional qualifications for selection as
31- a member.] The bylaws must require that every member of the
32- governing body be a resident of this state and must prohibit a
33- legislator from serving as a member [the use of a professional
34- search firm to identify candidates for membership of
35- unaffiliated members. The process must allow for commission
36- input in identifying candidates]. The governing body must be
37- composed of:
31+ members, prescribe professional qualifications for selection as a
32+ member.] The bylaws must require that every member of the governing
33+ body be a resident of this state and must prohibit a legislator from
34+ serving as a member [the use of a professional search firm to
35+ identify candidates for membership of unaffiliated members. The
36+ process must allow for commission input in identifying candidates].
37+ The governing body must be composed of:
3838 (1) the chairman of the commission as an ex officio
3939 nonvoting member;
4040 (2) the counsellor as an ex officio voting member
41- representing residential and small commercial consumer
42- interests;
41+ representing residential and small commercial consumer interests;
4342 (3) the chief executive officer of the independent
4443 organization as an ex officio nonvoting [voting] member; and
45- (4) eight members selected by the selection
46- committee under Section 39.1513 with executive-level experience
47- in any of the following professions:
44+ (4) eight members selected by the selection committee
45+ under Section 39.1513 with executive-level experience in any of the
46+ following professions:
4847 (A) finance;
4948 (B) business;
5049 (C) engineering, including electrical
5150 engineering;
5251 (D) trading;
5352 (E) risk management;
5453 (F) law; or
5554 (G) electric market design [six market
56- participants elected by their respective market segments to
57- serve one-year terms, with:
55+ participants elected by their respective market segments to serve
56+ one-year terms, with:
5857 [(A) one representing independent generators;
59- [(B) one representing investor-owned
60- utilities;
58+ [(B) one representing investor-owned utilities;
6159 [(C) one representing power marketers;
62- [(D) one representing retail electric
63- providers;
60+ [(D) one representing retail electric providers;
6461 [(E) one representing municipally owned
6562 utilities; and
6663 [(F) one representing electric cooperatives;
6764 [(5) one member representing industrial consumer
68- interests and elected by the industrial consumer market segment
69- to serve a one-year term;
65+ interests and elected by the industrial consumer market segment to
66+ serve a one-year term;
7067 [(6) one member representing large commercial
71- consumer interests selected in accordance with the bylaws to
72- serve a one-year term; and
73- [(7) five members unaffiliated with any market
74- segment and selected by the other members of the governing body
75- to serve three-year terms].
68+ consumer interests selected in accordance with the bylaws to serve
69+ a one-year term; and
70+ [(7) five members unaffiliated with any market segment
71+ and selected by the other members of the governing body to serve
72+ three-year terms].
7673 (g-2) Members [(g-1) The presiding officer] of the
7774 governing body are entitled to receive a salary for their service
7875 [must be one of the members described by Subsection (g)(7)].
79- (g-3) A person does not qualify for selection as a member
80- of the governing body of an independent organization for the
81- ERCOT power region if the person has a fiduciary duty or assets in
82- the electricity market for that region.
76+ (g-3) A person does not qualify for selection as a member of
77+ the governing body of an independent organization for the ERCOT
78+ power region if the person has a fiduciary duty or assets in the
79+ electricity market for that region.
8380 (g-4) To maintain certification as an independent
84- organization under this section, the organization's governing
85- body may not include more than two members who are employed by an
81+ organization under this section, the organization's governing body
82+ may not include more than two members who are employed by an
8683 institution of higher education, as defined by Section 61.003,
8784 Education Code, in a professorial role.
8885 Explanation: This change is necessary to provide for the
8986 composition of the governing body of an independent organization
9087 certified under Section 39.151, Utilities Code, for the Electric
9188 Reliability Council of Texas power region and to establish
92- requirements relating to the eligibility and selection of
93- members of the governing body.
89+ requirements relating to the eligibility and selection of members
90+ of the governing body.
9491 (2) Senate Rule 12.03(2) is suspended to permit the
9592 committee to omit text not in disagreement in SECTION 3 of the
9693 senate engrossment of Senate Bill 2 and the corresponding bill as
9794 the bill was amended by the house in added Section 39.151(g-2),
9895 Utilities Code. The omitted text reads:
99- (g-2) A person does not qualify for appointment as a
100- member of the governing body of an independent organization under
101- Subsection (g)(3) or (7) if the person is required to register as
102- a lobbyist under Chapter 305, Government Code. In making an
96+ (g-2) A person does not qualify for appointment as a member
97+ of the governing body of an independent organization under
98+ Subsection (g)(3) or (7) if the person is required to register as a
99+ lobbyist under Chapter 305, Government Code. In making an
103100 appointment under Subsection (g)(3) or (7), the governor:
104101 (1) shall give preference to a person who has
105102 executive-level business experience representing a range of
106103 industries; and
107104 (2) may consider a person recommended by the
108105 legislature.
109- (g-2) A person does not qualify for selection as a member
110- of the governing body of an independent organization under
111- Subsection (g)(3) or (7) if the person is required to register as
112- a lobbyist under Chapter 305, Government Code. In making a
113- selection under Subsection (g)(3) or (7), the members of the
114- governing body shall give preference to a person who has
115- executive-level business experience representing a range of
116- industries.
106+ (g-2) A person does not qualify for selection as a member of
107+ the governing body of an independent organization under Subsection
108+ (g)(3) or (7) if the person is required to register as a lobbyist
109+ under Chapter 305, Government Code. In making a selection under
110+ Subsection (g)(3) or (7), the members of the governing body shall
111+ give preference to a person who has executive-level business
112+ experience representing a range of industries.
117113 Explanation: The change is necessary to omit the
118114 qualification and selection requirements.
119115 (3) Senate Rule 12.03(2) is suspended to permit the
120116 committee to omit text not in disagreement in SECTION 3 of the
121117 senate engrossment of Senate Bill 2 and the corresponding bill as
122118 the bill was amended by the house in added Section 39.151(g-3),
123119 Utilities Code. The omitted text reads:
124120 (g-3) Members of the governing body of an independent
125121 organization certified under this section must serve staggered
126- terms. A member described by Subsection (g)(4) or (5) must serve
127- a term that expires in an even-numbered year. A member described
128- by Subsection (g)(6) or (7) must serve a term that expires in an
129- odd-numbered year. As soon as practicable after the date a member
130- of the governing body's term expires, the appropriate authority
131- must appoint or arrange for the election of a replacement in the
132- same manner as the original appointment or election. If a vacancy
133- occurs on the governing body, the appropriate authority must
134- appoint or arrange for the election of a successor in the same
135- manner as the original appointment or election to serve for the
136- remainder of the unexpired term.
122+ terms. A member described by Subsection (g)(4) or (5) must serve a
123+ term that expires in an even-numbered year. A member described by
124+ Subsection (g)(6) or (7) must serve a term that expires in an
125+ odd-numbered year. As soon as practicable after the date a member of
126+ the governing body's term expires, the appropriate authority must
127+ appoint or arrange for the election of a replacement in the same
128+ manner as the original appointment or election. If a vacancy occurs
129+ on the governing body, the appropriate authority must appoint or
130+ arrange for the election of a successor in the same manner as the
131+ original appointment or election to serve for the remainder of the
132+ unexpired term.
137133 Explanation: The change is necessary to omit the term and
138134 vacancy requirements.
139135 (4) Senate Rule 12.03(4) is suspended to permit the
140136 committee to add text on a matter not included in either the house
141- or senate version of the bill by adding the following new SECTION
142- to the bill:
137+ or senate version of the bill by adding the following new SECTION to
138+ the bill:
143139 SECTION 4. Subchapter D, Chapter 39, Utilities Code, is
144140 amended by adding Section 39.1513 to read as follows:
145141 Sec. 39.1513. ERCOT BOARD SELECTION COMMITTEE. (a) The
146142 ERCOT board selection committee is composed of:
147143 (1) one member appointed by the governor;
148- (2) one member appointed by the lieutenant
149- governor; and
150- (3) one member appointed by the speaker of the house
151- of representatives.
144+ (2) one member appointed by the lieutenant governor;
145+ and
146+ (3) one member appointed by the speaker of the house of
147+ representatives.
152148 (b) A person may not be appointed as a member of the
153149 committee unless the person is a resident of this state.
154150 (c) A member of the committee is not entitled to
155151 compensation for serving as a member but is entitled to
156152 reimbursement for actual and necessary expenses incurred in
157153 performing the official duties of office.
158154 (d) The committee shall select members eligible under
159155 Section 39.151 to serve on the governing body of an independent
160156 organization certified under that section for the ERCOT power
161- region and shall designate the chair and vice chair of the
162- governing body from those members.
157+ region and shall designate the chair and vice chair of the governing
158+ body from those members.
163159 (e) The ERCOT board selection committee shall retain an
164160 outside consulting firm to help select members of the governing
165161 body under Subsection (d).
166162 Explanation: The addition is necessary to provide for the
167- creation of a committee to select the members of a governing body
168- of an independent organization certified under Section 39.151,
169- Utilities Code, for the Electric Reliability Council of Texas
170- power region.
163+ creation of a committee to select the members of a governing body of
164+ an independent organization certified under Section 39.151,
165+ Utilities Code, for the Electric Reliability Council of Texas power
166+ region.
171167 (5) Senate Rule 12.03(2) is suspended to permit the
172168 committee to omit text not in disagreement in SECTION 4 of the
173169 senate engrossment of Senate Bill 2 and the corresponding bill as
174- the bill was amended by the house that would require an
175- independent organization certified by the Public Utility
176- Commission of Texas under Section 39.151, Utilities Code, to
177- modify the organization to comply with Section 39.151, Utilities
178- Code, as amended by the bill, not later than September 1, 2021.
179- The omitted language reads: "not later than September 1, 2021".
170+ the bill was amended by the house that would require an independent
171+ organization certified by the Public Utility Commission of Texas
172+ under Section 39.151, Utilities Code, to modify the organization to
173+ comply with Section 39.151, Utilities Code, as amended by the bill,
174+ not later than September 1, 2021. The omitted language reads: "not
175+ later than September 1, 2021".
180176 Explanation: The omission is necessary to provide
181177 sufficient time for the ERCOT Board Selection Committee to be
182- formed and for the committee to select members of the governing
183- body of the independent organization certified under Section
184- 39.151, Utilities Code, for the Electric Reliability Council of
185- Texas power region.
186- _______________________________
187- President of the Senate
188- I hereby certify that the
189- above Resolution was adopted by
190- the Senate on May 30, 2021, by
191- the following vote: Yeas 27,
192- Nays 4.
193- _______________________________
194- Secretary of the Senate
178+ formed and for the committee to select members of the governing body
179+ of the independent organization certified under Section 39.151,
180+ Utilities Code, for the Electric Reliability Council of Texas power
181+ region.