| 1 | 1 | | 88R9829 KBB-F |
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| 2 | 2 | | By: Hancock S.B. No. 1594 |
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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 authority of an independent organization certified |
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| 8 | 8 | | to manage a power region to amend bylaws and certificates of |
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| 9 | 9 | | formation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 39.151, Utilities Code, is amended by |
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| 12 | 12 | | amending Subsections (e-1) and (g-1) and adding Subsection (g-7) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (e-1) The review and approval of a proposed budget under |
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| 15 | 15 | | Subsection (d-1) or a proceeding to authorize and set the range for |
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| 16 | 16 | | the amount of a fee under Subsection (e) is not a contested case for |
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| 17 | 17 | | purposes of Chapter 2001, Government Code, or subject to judicial |
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| 18 | 18 | | review. |
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| 19 | 19 | | (g-1) Notwithstanding any provision of the Business |
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| 20 | 20 | | Organizations Code, only the governing body of the independent |
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| 21 | 21 | | organization has the authority to amend the bylaws and certificates |
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| 22 | 22 | | of formation of the independent organization. The independent |
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| 23 | 23 | | organization's bylaws, certificates of formation, and [or] |
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| 24 | 24 | | protocols must be approved by the commission and must reflect the |
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| 25 | 25 | | input of the commission. The bylaws must require that every member |
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| 26 | 26 | | of the governing body be a resident of this state and must prohibit |
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| 27 | 27 | | a legislator from serving as a member. The governing body must be |
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| 28 | 28 | | composed of: |
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| 29 | 29 | | (1) the chairman of the commission as an ex officio |
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| 30 | 30 | | nonvoting member; |
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| 31 | 31 | | (2) the counsellor as an ex officio voting member |
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| 32 | 32 | | representing residential and small commercial consumer interests; |
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| 33 | 33 | | (3) the chief executive officer of the independent |
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| 34 | 34 | | organization as an ex officio nonvoting member; and |
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| 35 | 35 | | (4) eight members selected by the selection committee |
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| 36 | 36 | | under Section 39.1513 with executive-level experience in any of the |
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| 37 | 37 | | following professions: |
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| 38 | 38 | | (A) finance; |
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| 39 | 39 | | (B) business; |
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| 40 | 40 | | (C) engineering, including electrical |
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| 41 | 41 | | engineering; |
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| 42 | 42 | | (D) trading; |
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| 43 | 43 | | (E) risk management; |
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| 44 | 44 | | (F) law; or |
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| 45 | 45 | | (G) electric market design. |
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| 46 | 46 | | (g-7) The commission's approval of or failure to approve the |
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| 47 | 47 | | independent organization's bylaws, certificates of formation, or |
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| 48 | 48 | | protocols is not a contested case for purposes of Chapter 2001, |
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| 49 | 49 | | Government Code, or subject to judicial review. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2023. |
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