Texas 2025 - 89th Regular

Texas Senate Bill SB1513 Compare Versions

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11 89R9040 CS-D
22 By: Johnson S.B. No. 1513
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a program to provide assistance for certain retail
1010 electric customers.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 17.007, Utilities Code, is amended by
1313 amending Subsection (a) and adding Subsection (e) to read as
1414 follows:
1515 (a) The Health and Human Services Commission, on request of
1616 the commission, shall assist in:
1717 (1) developing an automatic process for identifying
1818 low-income customers to retail electric providers and certificated
1919 telecommunications utilities to enable those providers and
2020 utilities to offer customer service, discounts, bill payment
2121 assistance, or other methods of assistance; and
2222 (2) implementing Section 39.9035.
2323 (e) Subsection (d) does not apply in a state fiscal biennium
2424 in which money is available under Section 39.9035 for the process
2525 established by this section.
2626 SECTION 2. Section 39.002, Utilities Code, is amended to
2727 read as follows:
2828 Sec. 39.002. APPLICABILITY. This chapter, other than
2929 Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162,
3030 39.163, 39.203, 39.9035, 39.9051, 39.9052, and 39.914(e), and
3131 Subchapters M and N, does not apply to a municipally owned utility
3232 or an electric cooperative. Sections 39.157(e), [and] 39.203, and
3333 39.9035 apply only to a municipally owned utility or an electric
3434 cooperative that is offering customer choice. If there is a
3535 conflict between the specific provisions of this chapter and any
3636 other provisions of this title, except for Chapters 40 and 41, the
3737 provisions of this chapter control.
3838 SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is
3939 amended by adding Section 39.9035 to read as follows:
4040 Sec. 39.9035. INCOME-BASED ASSISTANCE FUND. (a) In this
4141 section, "fund" means the income-based assistance fund.
4242 (b) The income-based assistance fund is an account in the
4343 general revenue fund. Money in the account may be appropriated only
4444 for the purposes provided by this section or other law.
4545 (c) The fund consists of:
4646 (1) money appropriated, credited, transferred, or
4747 deposited to the credit of the fund by the legislature;
4848 (2) gifts, grants, or donations made to the fund; and
4949 (3) interest or other earnings attributable to the
5050 investment of money in the fund.
5151 (d) Money in the fund may be appropriated to the commission
5252 and used to provide funding only for the following purposes, in the
5353 following order of priority:
5454 (1) programs to:
5555 (A) assist low-income electric customers by
5656 making available the discounts described by Subsection (f); and
5757 (B) provide one-time bill payment assistance as
5858 described by Subsection (k) to critical care residential customers,
5959 as defined by Section 17.002, who have received notice of an
6060 impending service disconnection for nonpayment;
6161 (2) customer education that provides information on
6262 other assistance programs;
6363 (3) administrative expenses incurred by the
6464 commission in implementing and administering this chapter and
6565 expenses incurred by the office under this chapter; and
6666 (4) reimbursement to the commission and the Health and
6767 Human Services Commission for expenses incurred in the
6868 implementation and administration of the automatic identification
6969 process established under Section 17.007 for customer service
7070 discounts relating to retail electric service, including outreach
7171 expenses the commission determines are reasonable and necessary.
7272 (e) The commission shall adopt rules regarding programs to
7373 assist low-income electric customers in areas where customer choice
7474 is available. The programs may not be targeted to areas served by
7575 municipally owned utilities or electric cooperatives that have not
7676 adopted customer choice.
7777 (f) Programs adopted under Subsection (e) must include a
7878 retail electric service discount program for low-income electric
7979 customers that the commission implements periodically as money is
8080 made available in the fund for the purpose of making the
8181 reimbursements authorized under Subsection (i). The commission by
8282 rule shall require electric cooperatives that have adopted customer
8383 choice, municipally owned utilities that have adopted customer
8484 choice, and retail electric providers to provide the discount. The
8585 commission shall set the amount of the discount as a fixed amount
8686 and may periodically revise the fixed amount. The discount for
8787 electric cooperatives that have adopted customer choice and
8888 municipally owned utilities that have adopted customer choice must
8989 be in addition to any rate reduction that may result from local
9090 programs for low-income electric customers of the municipally owned
9191 utility or electric cooperative.
9292 (g) The commission by rule shall establish eligibility
9393 criteria for the discount program required under Subsection (f).
9494 The criteria must provide that a customer is eligible for a discount
9595 if identified by the Health and Human Services Commission as
9696 eligible as a low-income customer under Section 17.007.
9797 (h) The commission by rule shall prescribe methods of
9898 enrolling customers eligible to receive a discount under Subsection
9999 (f) that are compatible with the automatic identification process
100100 established under Section 17.007. The rules must provide for
101101 automatic enrollment as one enrollment option for customers that
102102 have been identified as low-income customers under Section 17.007.
103103 (i) The commission shall provide reimbursement from the
104104 fund for each electric cooperative, municipally owned utility, or
105105 retail electric provider that provides a discount under Subsection
106106 (f) for the amount of the discount provided to eligible customers.
107107 The commission shall adopt rules providing for the reimbursement.
108108 (j) A retail electric provider may not charge the customer a
109109 fee for receiving a discount.
110110 (k) Programs adopted under Subsection (e) must include a
111111 bill payment assistance program as described by Subsection
112112 (d)(1)(B) that the commission implements periodically as money is
113113 made available in the fund for the purpose of making the
114114 reimbursements authorized under this subsection. The commission
115115 may prescribe the documentation necessary to demonstrate
116116 eligibility for the assistance and may establish additional
117117 eligibility criteria. The Health and Human Services Commission, on
118118 request of the commission, shall assist in the adoption and
119119 implementation of these rules. The commission shall provide
120120 reimbursement from the fund for each electric cooperative,
121121 municipally owned utility, or retail electric provider that
122122 provides bill payment assistance under this subsection for the
123123 amount of the bill payment assistance provided to eligible
124124 customers. The commission shall adopt rules providing for the
125125 reimbursement.
126126 SECTION 4. Section 40.001(a), Utilities Code, is amended to
127127 read as follows:
128128 (a) Notwithstanding any other provision of law, except
129129 Sections 39.155, 39.157(e), [and] 39.203, and 39.9035, this chapter
130130 governs the transition to and the establishment of a fully
131131 competitive electric power industry for municipally owned
132132 utilities. With respect to the regulation of municipally owned
133133 utilities, this chapter controls over any other provision of this
134134 title, except for sections in which the term "municipally owned
135135 utility" is specifically used.
136136 SECTION 5. Section 41.001, Utilities Code, is amended to
137137 read as follows:
138138 Sec. 41.001. APPLICABLE LAW. Notwithstanding any other
139139 provision of law, except Sections 39.155, 39.157(e), [and] 39.203,
140140 and 39.9035, this chapter governs the transition to and the
141141 establishment of a fully competitive electric power industry for
142142 electric cooperatives. Regarding the regulation of electric
143143 cooperatives, this chapter shall control over any other provision
144144 of this title, except for sections in which the term "electric
145145 cooperative" is specifically used.
146146 SECTION 6. This Act takes effect September 1, 2025.