88R13369 DIO-D
By: Goodwin H.B. No. 3943
A BILL TO BE ENTITLED
AN ACT
relating to the auditing of an electric cooperative or municipally
owned electric utility by an independent third party auditor after
a power outage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 38, Utilities Code, is
amended by adding Section 38.053 to read as follows:
Sec. 38.053. ELECTRIC COOPERATIVE; AUDIT REQUIRED. (a) In
this section, "extended power outage" means a power outage lasting
five days or more.
(b) The resiliency of the system of an electric cooperative
must be audited by an independent third party auditor if an extended
power outage affects 10 percent or more of its retail customers.
(c) The board of directors of an electric cooperative shall
contract with an independent third party auditor that meets the
professional certifications established by the commission under
Subsection (d) to perform the audit described by Subsection (b).
(d) The commission by rule shall establish the professional
certifications an independent third party auditor must have to
perform the audit described by Subsection (b) and the information
the audit must examine.
(e) After an audit under this section is completed, the
electric cooperative shall make the audit report publicly
available.
SECTION 2. Subchapter Z, Chapter 552, Local Government
Code, is amended by adding Section 552.9021 to read as follows:
Sec. 552.9021. MUNICIPALLY OWNED ELECTRIC UTILITY; AUDIT
REQUIRED. (a) In this section:
(1) "Extended power outage" means a power outage
lasting five days or more.
(2) "Retail customer" has the meaning assigned by
Section 31.002, Utilities Code.
(b) The resiliency of a municipally owned electric utility
system must be audited by an independent third party auditor if an
extended power outage affects 10 percent or more of its retail
customers.
(c) The governing body of the municipality that owns the
utility shall contract with an independent third party auditor to
perform the audit described by Subsection (b).
(d) The independent third party auditor must have the
professional certifications required under and perform the audit in
the manner required under Section 38.053(d), Utilities Code.
(e) After an audit under this section is completed, the
municipality that owns the utility shall make the audit report
publicly available.
SECTION 3. This Act takes effect September 1, 2023.