| 1 | 1 | | 88R14210 KBB-F |
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| 2 | 2 | | By: Guillen H.B. No. 3095 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the operation of load management programs by |
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| 8 | 8 | | transmission and distribution utilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 38.075(e), Utilities Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (e) Notwithstanding any other provision of this subtitle, |
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| 13 | 13 | | the commission shall allow a transmission and distribution utility |
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| 14 | 14 | | to design and operate one or more [a] load management programs |
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| 15 | 15 | | [program for nonresidential customers] to be used where the |
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| 16 | 16 | | independent organization certified under Section 39.151 for the |
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| 17 | 17 | | ERCOT power region has declared a Level 2 Emergency or a higher |
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| 18 | 18 | | level of emergency or has otherwise directed the transmission and |
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| 19 | 19 | | distribution utility to shed load. A load management program |
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| 20 | 20 | | operated under this subsection must include only customers who have |
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| 21 | 21 | | agreed in writing to participate. A transmission and distribution |
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| 22 | 22 | | utility operating [implementing] a load management program under |
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| 23 | 23 | | this subsection shall be permitted to recover the reasonable and |
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| 24 | 24 | | necessary costs of the load management program under Chapter 36. A |
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| 25 | 25 | | load management program operated under this subsection is not |
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| 26 | 26 | | considered a competitive service. |
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| 27 | 27 | | SECTION 2. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2023. |
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