88R9829 KBB-F
By: Hancock S.B. No. 1594
A BILL TO BE ENTITLED
AN ACT
relating to the authority of an independent organization certified
to manage a power region to amend bylaws and certificates of
formation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.151, Utilities Code, is amended by
amending Subsections (e-1) and (g-1) and adding Subsection (g-7) to
read as follows:
(e-1) The review and approval of a proposed budget under
Subsection (d-1) or a proceeding to authorize and set the range for
the amount of a fee under Subsection (e) is not a contested case for
purposes of Chapter 2001, Government Code, or subject to judicial
review.
(g-1) Notwithstanding any provision of the Business
Organizations Code, only the governing body of the independent
organization has the authority to amend the bylaws and certificates
of formation of the independent organization. The independent
organization's bylaws, certificates of formation, and [or]
protocols must be approved by the commission and must reflect the
input of the commission. The bylaws must require that every member
of the governing body be a resident of this state and must prohibit
a legislator from serving as a member. The governing body must be
composed of:
(1) the chairman of the commission as an ex officio
nonvoting member;
(2) the counsellor as an ex officio voting member
representing residential and small commercial consumer interests;
(3) the chief executive officer of the independent
organization as an ex officio nonvoting member; and
(4) eight members selected by the selection committee
under Section 39.1513 with executive-level experience in any of the
following professions:
(A) finance;
(B) business;
(C) engineering, including electrical
engineering;
(D) trading;
(E) risk management;
(F) law; or
(G) electric market design.
(g-7) The commission's approval of or failure to approve the
independent organization's bylaws, certificates of formation, or
protocols is not a contested case for purposes of Chapter 2001,
Government Code, or subject to judicial review.
SECTION 2. This Act takes effect September 1, 2023.