1 | 1 | | 89R9040 CS-D |
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2 | 2 | | By: Johnson S.B. No. 1513 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a program to provide assistance for certain retail |
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10 | 10 | | electric customers. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 17.007, Utilities Code, is amended by |
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13 | 13 | | amending Subsection (a) and adding Subsection (e) to read as |
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14 | 14 | | follows: |
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15 | 15 | | (a) The Health and Human Services Commission, on request of |
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16 | 16 | | the commission, shall assist in: |
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17 | 17 | | (1) developing an automatic process for identifying |
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18 | 18 | | low-income customers to retail electric providers and certificated |
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19 | 19 | | telecommunications utilities to enable those providers and |
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20 | 20 | | utilities to offer customer service, discounts, bill payment |
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21 | 21 | | assistance, or other methods of assistance; and |
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22 | 22 | | (2) implementing Section 39.9035. |
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23 | 23 | | (e) Subsection (d) does not apply in a state fiscal biennium |
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24 | 24 | | in which money is available under Section 39.9035 for the process |
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25 | 25 | | established by this section. |
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26 | 26 | | SECTION 2. Section 39.002, Utilities Code, is amended to |
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27 | 27 | | read as follows: |
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28 | 28 | | Sec. 39.002. APPLICABILITY. This chapter, other than |
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29 | 29 | | Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162, |
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30 | 30 | | 39.163, 39.203, 39.9035, 39.9051, 39.9052, and 39.914(e), and |
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31 | 31 | | Subchapters M and N, does not apply to a municipally owned utility |
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32 | 32 | | or an electric cooperative. Sections 39.157(e), [and] 39.203, and |
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33 | 33 | | 39.9035 apply only to a municipally owned utility or an electric |
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34 | 34 | | cooperative that is offering customer choice. If there is a |
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35 | 35 | | conflict between the specific provisions of this chapter and any |
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36 | 36 | | other provisions of this title, except for Chapters 40 and 41, the |
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37 | 37 | | provisions of this chapter control. |
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38 | 38 | | SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is |
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39 | 39 | | amended by adding Section 39.9035 to read as follows: |
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40 | 40 | | Sec. 39.9035. INCOME-BASED ASSISTANCE FUND. (a) In this |
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41 | 41 | | section, "fund" means the income-based assistance fund. |
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42 | 42 | | (b) The income-based assistance fund is an account in the |
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43 | 43 | | general revenue fund. Money in the account may be appropriated only |
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44 | 44 | | for the purposes provided by this section or other law. |
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45 | 45 | | (c) The fund consists of: |
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46 | 46 | | (1) money appropriated, credited, transferred, or |
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47 | 47 | | deposited to the credit of the fund by the legislature; |
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48 | 48 | | (2) gifts, grants, or donations made to the fund; and |
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49 | 49 | | (3) interest or other earnings attributable to the |
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50 | 50 | | investment of money in the fund. |
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51 | 51 | | (d) Money in the fund may be appropriated to the commission |
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52 | 52 | | and used to provide funding only for the following purposes, in the |
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53 | 53 | | following order of priority: |
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54 | 54 | | (1) programs to: |
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55 | 55 | | (A) assist low-income electric customers by |
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56 | 56 | | making available the discounts described by Subsection (f); and |
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57 | 57 | | (B) provide one-time bill payment assistance as |
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58 | 58 | | described by Subsection (k) to critical care residential customers, |
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59 | 59 | | as defined by Section 17.002, who have received notice of an |
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60 | 60 | | impending service disconnection for nonpayment; |
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61 | 61 | | (2) customer education that provides information on |
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62 | 62 | | other assistance programs; |
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63 | 63 | | (3) administrative expenses incurred by the |
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64 | 64 | | commission in implementing and administering this chapter and |
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65 | 65 | | expenses incurred by the office under this chapter; and |
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66 | 66 | | (4) reimbursement to the commission and the Health and |
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67 | 67 | | Human Services Commission for expenses incurred in the |
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68 | 68 | | implementation and administration of the automatic identification |
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69 | 69 | | process established under Section 17.007 for customer service |
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70 | 70 | | discounts relating to retail electric service, including outreach |
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71 | 71 | | expenses the commission determines are reasonable and necessary. |
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72 | 72 | | (e) The commission shall adopt rules regarding programs to |
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73 | 73 | | assist low-income electric customers in areas where customer choice |
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74 | 74 | | is available. The programs may not be targeted to areas served by |
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75 | 75 | | municipally owned utilities or electric cooperatives that have not |
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76 | 76 | | adopted customer choice. |
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77 | 77 | | (f) Programs adopted under Subsection (e) must include a |
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78 | 78 | | retail electric service discount program for low-income electric |
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79 | 79 | | customers that the commission implements periodically as money is |
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80 | 80 | | made available in the fund for the purpose of making the |
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81 | 81 | | reimbursements authorized under Subsection (i). The commission by |
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82 | 82 | | rule shall require electric cooperatives that have adopted customer |
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83 | 83 | | choice, municipally owned utilities that have adopted customer |
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84 | 84 | | choice, and retail electric providers to provide the discount. The |
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85 | 85 | | commission shall set the amount of the discount as a fixed amount |
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86 | 86 | | and may periodically revise the fixed amount. The discount for |
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87 | 87 | | electric cooperatives that have adopted customer choice and |
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88 | 88 | | municipally owned utilities that have adopted customer choice must |
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89 | 89 | | be in addition to any rate reduction that may result from local |
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90 | 90 | | programs for low-income electric customers of the municipally owned |
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91 | 91 | | utility or electric cooperative. |
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92 | 92 | | (g) The commission by rule shall establish eligibility |
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93 | 93 | | criteria for the discount program required under Subsection (f). |
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94 | 94 | | The criteria must provide that a customer is eligible for a discount |
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95 | 95 | | if identified by the Health and Human Services Commission as |
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96 | 96 | | eligible as a low-income customer under Section 17.007. |
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97 | 97 | | (h) The commission by rule shall prescribe methods of |
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98 | 98 | | enrolling customers eligible to receive a discount under Subsection |
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99 | 99 | | (f) that are compatible with the automatic identification process |
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100 | 100 | | established under Section 17.007. The rules must provide for |
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101 | 101 | | automatic enrollment as one enrollment option for customers that |
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102 | 102 | | have been identified as low-income customers under Section 17.007. |
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103 | 103 | | (i) The commission shall provide reimbursement from the |
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104 | 104 | | fund for each electric cooperative, municipally owned utility, or |
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105 | 105 | | retail electric provider that provides a discount under Subsection |
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106 | 106 | | (f) for the amount of the discount provided to eligible customers. |
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107 | 107 | | The commission shall adopt rules providing for the reimbursement. |
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108 | 108 | | (j) A retail electric provider may not charge the customer a |
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109 | 109 | | fee for receiving a discount. |
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110 | 110 | | (k) Programs adopted under Subsection (e) must include a |
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111 | 111 | | bill payment assistance program as described by Subsection |
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112 | 112 | | (d)(1)(B) that the commission implements periodically as money is |
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113 | 113 | | made available in the fund for the purpose of making the |
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114 | 114 | | reimbursements authorized under this subsection. The commission |
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115 | 115 | | may prescribe the documentation necessary to demonstrate |
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116 | 116 | | eligibility for the assistance and may establish additional |
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117 | 117 | | eligibility criteria. The Health and Human Services Commission, on |
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118 | 118 | | request of the commission, shall assist in the adoption and |
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119 | 119 | | implementation of these rules. The commission shall provide |
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120 | 120 | | reimbursement from the fund for each electric cooperative, |
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121 | 121 | | municipally owned utility, or retail electric provider that |
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122 | 122 | | provides bill payment assistance under this subsection for the |
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123 | 123 | | amount of the bill payment assistance provided to eligible |
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124 | 124 | | customers. The commission shall adopt rules providing for the |
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125 | 125 | | reimbursement. |
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126 | 126 | | SECTION 4. Section 40.001(a), Utilities Code, is amended to |
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127 | 127 | | read as follows: |
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128 | 128 | | (a) Notwithstanding any other provision of law, except |
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129 | 129 | | Sections 39.155, 39.157(e), [and] 39.203, and 39.9035, this chapter |
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130 | 130 | | governs the transition to and the establishment of a fully |
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131 | 131 | | competitive electric power industry for municipally owned |
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132 | 132 | | utilities. With respect to the regulation of municipally owned |
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133 | 133 | | utilities, this chapter controls over any other provision of this |
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134 | 134 | | title, except for sections in which the term "municipally owned |
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135 | 135 | | utility" is specifically used. |
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136 | 136 | | SECTION 5. Section 41.001, Utilities Code, is amended to |
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137 | 137 | | read as follows: |
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138 | 138 | | Sec. 41.001. APPLICABLE LAW. Notwithstanding any other |
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139 | 139 | | provision of law, except Sections 39.155, 39.157(e), [and] 39.203, |
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140 | 140 | | and 39.9035, this chapter governs the transition to and the |
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141 | 141 | | establishment of a fully competitive electric power industry for |
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142 | 142 | | electric cooperatives. Regarding the regulation of electric |
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143 | 143 | | cooperatives, this chapter shall control over any other provision |
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144 | 144 | | of this title, except for sections in which the term "electric |
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145 | 145 | | cooperative" is specifically used. |
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146 | 146 | | SECTION 6. This Act takes effect September 1, 2025. |
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