Texas 2025 - 89th Regular

Texas House Bill HB3568 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8543 JXC-D
2	2	By: Harris Davila H.B. No. 3568
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the interconnection of wind or solar power facilities
10	10	that use critical electric grid equipment purchased from certain
11	11	companies.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 39.002, Utilities Code, is amended to
14	14	read as follows:
15	15	Sec. 39.002. APPLICABILITY. This chapter, other than
16	16	Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162,
17	17	39.163, 39.203, 39.360(f-1), 39.9051, 39.9052, and 39.914(e), and
18	18	Subchapters M and N, does not apply to a municipally owned utility
19	19	or an electric cooperative. Sections 39.157(e) and 39.203 apply
20	20	only to a municipally owned utility or an electric cooperative that
21	21	is offering customer choice. If there is a conflict between the
22	22	specific provisions of this chapter and any other provisions of
23	23	this title, except for Chapters 40 and 41, the provisions of this
24	24	chapter control.
25	25	SECTION 2. Section 39.360, Utilities Code, as added by
26	26	Chapter 464 (S.B. 2013), Acts of the 88th Legislature, Regular
27	27	Session, 2023, is amended by amending Subsections (a), (b), (c),
28	28	(d), and (e) and adding Subsection (f-1) to read as follows:
29	29	(a) In this section, "company" and "critical
30	30	infrastructure" have the meanings assigned by Section 117.001
31	31	[113.001], Business & Commerce Code[, as added by Chapter 975 (S.B.
32	32	2116), Acts of the 87th Legislature, Regular Session, 2021].
33	33	(b) An independent organization certified under Section
34	34	39.151 may not register a business entity or maintain the
35	35	registration of a business entity to operate in the power region for
36	36	which the independent organization is certified unless the business
37	37	entity attests that the entity complies with Chapter 117 [113],
38	38	Business & Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts
39	39	of the 87th Legislature, Regular Session, 2021].
40	40	(c) An independent organization certified under Section
41	41	39.151 shall require as a condition of operating in the power region
42	42	for which the independent organization is certified that a business
43	43	entity report to the independent organization the purchase of any
44	44	critical electric grid equipment or service from a company
45	45	described by Section 117.002(a)(2) [113.002(a)(2)], Business &
46	46	Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts of the
47	47	87th Legislature, Regular Session, 2021].
48	48	(d) For each purchase reported by a business entity under
49	49	Subsection (c), the business entity shall submit an attestation to
50	50	the independent organization that the purchase will not result in
51	51	access to or control of its critical electric grid equipment by a
52	52	company described by Section 117.002(a)(2) [113.002(a)(2)],
53	53	Business & Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts
54	54	of the 87th Legislature, Regular Session, 2021], excluding access
55	55	specifically allowed by the business entity for product warranty
56	56	and support purposes.
57	57	(e) Notwithstanding any other law, an independent
58	58	organization certified under Section 39.151 may immediately
59	59	suspend or terminate a company's registration or access to any of
60	60	the independent organization's systems if the independent
61	61	organization has a reasonable suspicion that the company meets any
62	62	of the criteria described by Section 2275.0102(a)(2)
63	63	[2274.0102(a)(2)], Government Code[, as added by Chapter 975 (S.B.
64	64	2116), Acts of the 87th Legislature, Regular Session, 2021].
65	65	(f-1) The commission by rule shall require as a condition of
66	66	interconnecting after September 1, 2025, a wind power facility, as
67	67	defined by Section 301.0001, or a solar power facility, as defined
68	68	by Section 302.0001, used to sell energy at wholesale, by an
69	69	electric cooperative, municipally owned utility, or power
70	70	generation company that the cooperative, utility, or company submit
71	71	an attestation that the facility does not use any critical electric
72	72	grid equipment purchased from a company described by Section
73	73	117.002(a)(2), Business & Commerce Code.
74	74	SECTION 3. To the extent of any conflict, this Act prevails
75	75	over another Act of the 89th Legislature, Regular Session, 2025,
76	76	relating to nonsubstantive additions to and corrections in enacted
77	77	codes.
78	78	SECTION 4. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2025.