SRC-JBJ S.B. 7 76(R)BILL ANALYSIS


Senate Research CenterS.B. 7
By: Sibley
Economic Development
6/18/1999
Enrolled


DIGEST 

Currently, the Public Utility Regulatory Act of 1995 (Act) authorizes the
Public Utility Commission (PUC) to regulate the electricity market and
ensure that only one electric energy provider serves each area of the
state.  This bill amends the Act by deregulating the electricity generation
market and permitting certain providers to compete for customers who choose
their electricity supplier in competitive areas.  This bill also authorizes
the PUC to develop and promulgate customer protection rules during and
after a transition to a competitive market.   

PURPOSE

As enrolled, S.B. 7 restructures certain electric utility service.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Public Utility Commission in SECTION
36 (Section 38.005(a), Utilities Code) and SECTION 39 (Sections 39.101(e)
and (f), 39.153 (e) and (f), 39.155(a), 39.157(d) and (e), 39.352(g),
39.903(f), (g), (i), (j), 39.904(c), 39.044(c) and (d), 39.905(b),
Utilities Code), and SECTION 65; the governing body of a municipally owned
utility in SECTION 39 (Section 39.101(g), Utilities Code); Texas Natural
Resource Conservation Commission in SECTION 39 (Sections 39.264(f), (g),
and (i), Utilities Code); commissioner of education in SECTION 39 (Section
39.901(g), Utilities Code); comptroller of public accounts in SECTION 39
(Section 39.901(g), Utilities Code); and the board of directors of electric
cooperatives in SECTION 39 (Section 41.003(a), Utilities Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.003, Utilities Code, to redefine"affected
person," "cooperative corporation," "corporation," "person," "ratemaking
proceeding," and "service."  Defines "electric cooperative." Makes
conforming changes. 

SECTION 2.  Amends Section 12.005, Utilities Code, to provide a Texas
Sunset Act review of the Public Utility Commission (PUC) by September 1,
2005, rather than 2001. 

SECTION 3.  Amends Section 12.101, Utilities Code, to designate whom the
commission shall employ. 

SECTION 4.  Amends Sections 12.151 and 12.152, Utilities Code, to prohibit
a person from serving as a commissioner, rather than a commissioner or
general counsel to the commission, when the person has been involved in
certain activities.  Makes conforming changes.   

SECTION 5.  Amends Section 13.002, Utilities Code, to provide that the
Office of Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act), and is abolished along with this chapter on September
1, 2005, rather than 2001. 

SECTION 6.  Amends Subsection (a), Section 13.003, Utilities Code, to
authorize the office to intervene in certain alternative dispute resolution
proceedings. 

SECTION 7.  Amends Section 13.0124, Utilities Code, to delete prohibitions
regarding ceratin legal services by a counselor. 

SECTION 8.  Amends Section 13.043, Utilities Code, to prohibit a former
counsel from communication with certain officers and employees of the PUC
or representing certain individual before the PUC, for  two years from a
certain date.  Makes a violation a Class A misdemeanor.  Defines "person."
Makes conforming changes. 

SECTION 9.  Amends Subsection (d), Section 14.101, Utilities Code, provide
that this section does not apply to transactions that facilitate
unbundling, asset valuation, minimization of ownership or control of
generation assets, or other purposes consistent with Chapter 39. 

SECTION 10.  Amends Subsections (a) and (b), Section 16.001, Utilities
Code, to impose an assessment on each retail electric provider and electric
cooperative, to defray administrative expenses. Provides that an assessment
is equal to one-sixth of one percent of the public utility's, retail
electric provider's, or electric cooperative's gross receipts from certain
rates. 

SECTION 11.  Amends Section 31.002, Utilities Code, to define "affiliated
power generation company," "affiliated retail electric provider,"
"aggregation," "customer choice," "Electric Reliability Council of Texas,"
"ERCOT," "freeze period," "independent system operator," "power generation
company," "power region," "retail customer," "retail electric provider,"
"separately metered," and "transmission and distribution utility."
Redefines "electric utility," "qualifying cogenerator," and "qualifying
small power producer," and "transmission service."  Makes conforming
changes. 

SECTION 12.  Amends Chapter 32A, Utilities Code, by adding Section 32.0015,
as follows: 

Sec. 32.0015.  REGULATION OF SUCCESSOR ELECTRIC UTILITY OR ELECTRIC
COOPERATIVE.  Requires the PUC to regulate an electric utility that
purchases or gains majority control of another electric utility or electric
cooperative cooperation. 

SECTION 13.  Amends Sections 32.051 and 32.052, Utilities Code, as follows:

Sec. 35.051.  EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE RATE REGULATION.
Exempts a river authority from wholesale rate regulation by a river
authority operating a steam generating plant on or before January 1, 1999.

Sec. 35.052.  ABILITY OF CERTAIN RIVER AUTHORITIES TO CONSTRUCT
IMPROVEMENTS.  Makes a conforming change. 

SECTION 14.   Amends Section 32.053, Utilities Code, by amending
Subsections (b) and (f), and adding Subsection (g) and (h), to authorize a
corporation to purchase and sell electricity at wholesale prices to an
in-state, non-ultimate customer.  Prohibits the proceeds from tax-free
obligations from being used to finance construction or acquisition of a
power generation facility.  Authorizes the board of directors of a river
authority to transfer any part of their electric generation property to a
nonprofit corporation.  Requires the property transfer to be made pursuant
to approved terms and conditions by the river authority board.  Provides
that Subsections (a)-(f) do not apply to a corporation created pursuant to
Article 717b, V.T.C.S., to serve an area described in Section 32.052. 

SECTION 15.  Amends Chapter 33A, Utilities Code, by adding Section 33.008,
as follows: 

Sec. 33.008.  FRANCHISE CHARGES.  Authorizes a municipality to impose on
certain utilities and cooperatives serving a municipal area a reasonable
charge for the use of a public street, alley, or public way.  Prohibits the
municipality from charging certain utilities, electric providers, and
marketers.  Entitles the municipality to impose certain charges on the
utilities and cooperatives after public choice begins or the freeze period
ends, if the municipality collected a charge or fee for a franchise before
the end of the freeze period.  Sets forth requirements for the charge.
Requires the charges to be considered a reasonable and necessary operation
expense of each electric utility, transmission and distribution utility,
municipally owned utility, or electric cooperative to be included in a
nonbypassable delivery charge, but they are in lieu of franchise charges or
fees payable under a pre-freeze period franchise agreement.    Provides
that this section does not affect a provision of a franchise agreement
already in effect.  Authorizes a municipality to conduct an audit, an
inquiry, or pursue a cause of action against a utility in regards to
payments less than two years past due, but not before September 1, 1999,
and requires the utility to identify the service provider and other
services for purposes of the audit, inquiry, or action.  Authorizes an
electric utility, transmission and distribution utility, municipally owned
utility, or electric cooperative to agree to a different level of
compensation  or to a different method for determining charges within a
municipality, on the expiration of a franchise agreement existing on
September 1, 1999.  Authorizes certain  municipalities to adopt and collect
compensation at a rate that is collected by any other municipality in the
same county served by certain utilities.   Defines "distribution service." 

SECTION 16.  Amends Section 35.001, Utilities Code, to redefine "electric
utility," to include an electric cooperative. 

SECTION 17.  Amends Section 35.004, Utilities Code, to require a
transmission and distribution utility to provide at-cost wholesale
transmission service.  Requires the PUC to ensure an electric utility or
transmission and distribution utility provides wholesale transmission
service to power generation companies, retail electric providers, and other
transmission and distribution facilities.  Requires the PUC to ensure the
utility recovers reasonable costs in providing wholesale transmission
services, when an electric utility, electric cooperative, or transmission
and distribution utility provides wholesale transmission service within the
Electric Reliability Council of Texas (ERCOT).  Requires the PUC to price
wholesale transmission services within ERCOT based on the postage stamp
method of pricing. Sets forth the postage stamp method of pricing.
Authorizes an electric utility subject to the freeze period imposed by
Section 39.052 to treat transmission costs in excess of transmission
revenues during the freeze period as an expense for purposes of determining
annual costs in the annual report filed pursuant to Section 39.257.
Authorizes the PUC to approve rates that may be periodically adjusted to
ensure timely recovery of transmission investment, notwithstanding Section
36.201.  Requires the PUC to ensure affordable and fair ancillary services
necessary to transmit electric energy.  Defines "ancillary services."
Deems the acquisition of generation-related ancillary services by ERCOT to
meet the requirements of this subsection, on the introduction of customer
choice in the ERCOT power region. 

SECTION 18.  Amends Section 35.005(b), Utilities Code, to delete text
regarding a proceeding not related to approval of an integrated resource
plan. 

SECTION 19.  Amends Section 35.033, Utilities Code, to delete reference to
Chapter 34 regulating an exempt wholesale generator or power marketer. 

SECTION 20.  Amends Section 35.034, Utilities Code, by adding Subsection
(c), to define "electric utility." 

SECTION 21.  Amends Section 35.035, Utilities Code, by adding Subsection
(d), to define "electric utility." 

SECTION 22.  Amends Chapter 35, Utilities Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  STATE AUTHORITY TO SELL OR CONVEY POWER

 Sec. 35.101.  DEFINITIONS.  Defines "commissioner" and "public retail
customer."   

Sec. 35.102.  STATE AUTHORITY TO SELL OR CONVEY POWER.  Authorizes the
commissioner of the general land office (land commissioner) to sell or
otherwise convey power to a public retail customer regardless of the
wholesale status of the customer.  Requires the commissioner to use all
feasible means to sell power first to state agencies, institutions of
higher education, or public school districts, and to sell the remaining
power to political subdivisions of the state. 

Sec. 35.103.  ACCESS TO TRANSMISSION AND DISTRIBUTION SYSTEMS; RATES.
Establishes that Sections 35.102 and 35.103 do not apply to the rates,
retail service area, facilities, or public retail customers of a
municipally owned electric utility or electric cooperatives that have not
adopted customer choice.  Entitles the state to have access to all
utilities and electric cooperatives that serve public retail customers,
except as provided in Section 35.104.  Requires an entity described by
Subsection (a) to provide any utility service at the lowest possible rate.

Sec. 35.104.  LIMIT IN CERTAIN AREAS.  Provides that Section 35.102 and
35.103 do not apply to the rates, area, facilities, or customers of certain
electric businesses.  Prohibits the state from engaging in retail
transactions that exceed 2.5 percent of a certain retail load, in certain
areas with no customer choice. 

Sec. 35.105.  WHOLESALE CUSTOMERS.  Provides that this chapter does not
preclude the commissioner from registering as a power marker. 

Sec. 35.106.  ACCESS TO POWER GENERATION.  Prohibits a gas utility or a
municipally owned utility from refusing to provide gas service to an
electric utility generating facility, if capacity is available. 

SECTION 23.  Amends Section 36.008, Utilities Code, to delete text
regarding an electric utility not required to file an integrated resource
plan. 

SECTION 24.  Amends Section 36.052, Utilities Code, to delete text
regarding an integrated resource plan.  Makes conforming changes. 

SECTION 25.  Amends Section 36.058(d), Utilities Code, to make a conforming
change. 

SECTION 26.  Amends Section 36.201, Utilities Code, to make a conforming
change. 

SECTION 27.  Amends Section 36.204, Utilities Code, to make a conforming
change. 

SECTION 28.  Amends Section 36.207, Utilities Code, to make a conforming
change. 

SECTION 29.  Amends Section 37.001, Utilities Code, to define "electric
utility" and to redefine "retail electric utility."  Makes a conforming
change. 

SECTION 30.  Amends Section 37.051, Utilities Code, by adding Subsection
(c), to provide that an electric cooperative is not required to obtain the
certificate for construction and installation operations. 

SECTION 31.  Amends Section 37.054(b), Utilities Code, to authorize a
person or electric cooperative interested in the application to intervene
at the hearing. 

SECTION 32.  Amends Chapter 37B, Utilities Code, by adding Sections 37.060
and 37.061, as follows: 

Sec. 37.060.  DIVISION OF MULTIPLY CERTIFICATED SERVICE AREAS.  Requires
Subsections (a)-(g) to apply only to areas in which each retail electric
utility that is authorized to provide retail electric utility service to
the area is providing customer choice.  Sets forth conditions when an
electric cooperative, municipally owned electric utility, and other retail
electric utilities are providing customer choice.  Requires the PUC to
examine all other areas seeking customer choice and arrange for a single
certificated distributor.  Authorizes only retail electric utilities
certificated on June 1, 1999, to continue to serve the area or portion of
the area under an amended certificate issued pursuant Subsection (a).
Prohibits application of this section to an area in which a municipally
owned utility certificated to provide retail electric utility service files
a request by February 1, 2000 for the area to remain as certificated.
Requires the PUC to divide a certificated area within one year of the
request.  Requires the PUC to consider factors in Section 37.056 when
amending certificates under this section.  Requires the PUC to revoke
enough certificates to achieve the division of retail electric service
areas, as provided by this section, notwithstanding Section 37.059.
Permits a retail electric utility to continue to operate its services on
the date an application for division of certificated area is filed,
provided that the other affected utilities accede.  Prohibits a customer
from switching retail electric utilities while an application for division
is pending.  Requires a retail electric utility to file with the PUC a
consent from the certificated retail electric utility for the area, if
providing service to the certificated area on June 1, 1999.  Authorizes the
PUC to grant an exception or amend a retail electric utility's certificate,
upon proper notification, but the provision may not be construed to limit
the PUC's authority to grant or amend exceptions and certificates for areas
to which retail service is being provided pursuant to written consent
granted after June 1, 1999.  Prohibits the PUC from granting a retail
electric utility certificate if the grant would cause the area to be
multiply certificated, unless the PUC finds that the certificate holders
are not providing service to the area where the certificate is sought and
are not capable of providing adequate service.  Sets forth terms and
conditions when this subsection may not apply and when  a multiple
certification may be filed with the PUC.  Authorizes the PUC to singly
certificate the service territory of a municipally owned utility, provided
certain terms and conditions are part of the certification, and to examine,
hold hearing, and amend certificates to create only one certified electric
utility.   

Sec. 37.061.  EXISTING SERVICE AREA AGREEMENTS.  Requires the PUC to allow
a municipally owned utility to amend the service area boundaries of its
certificate if the municipally owned utility and the area meet certain
conditions.  Prohibits the PUC from amending the certificate of the public
utility serving the affected area based upon the granting of a certificate
to the municipal utility. 

SECTION 33.  Amends Section 37.101(a), Utilities Code, to provide that each
electric cooperative holding a certificate under this title has the right
to continue to provide the service or operate the facility and extend
service to a certain extent. 

SECTION 34.  Amends Section 38.001, Utilities Code, to include electric
cooperatives in the general standards of safety and service.   

SECTION 35.  Amends Section 38.004, Utilities Code, to include electric
cooperatives in  construction standards set forth by the National
Electrical Safety Code Standard ANSI(c)(2). 

SECTION 36.  Amends Chapter 38A, Utilities Code, by adding Section 38.005,
as follows: 

Sec. 38.005.  ELECTRIC SERVICE RELIABILITY MEASURES.  Requires the PUC to
implement quality and reliability standards for delivery of electricity to
retail customers by electric utilities and transmission and distribution
utilities.  Requires the PUC to develop, by rule, certain reliability
standards. Requires the PUC to take appropriate enforcement action if a
utility appears to be a poorly performing feeder, according to certain
evaluation criteria. Requires standards to require each electric utility
and transmission and distribution utility to maintain trained personnel.
Requires the standards to ensure electric utilities cannot neglect any
local neighborhood or geographic area, such as small, rural, or low-income
communities, with regard to system reliability.  Authorizes  the PUC to
require data from the electric utilities to assist the regulatory agency in
developing reliability standards.  Requires each electric utility,
transmission and distribution utility, and generation provider to be
obligated to comply with any operational criteria duly established by the
independent system operator or adopted by the PUC. 

SECTION 37.  Amends Section 38.022, Utilities Code, to make conforming
changes. 

SECTION 38.  Amends Section 38.071, Utilities Code, to make conforming
changes. 

SECTION 39.  Amends Title 2B, Utilities Code, by adding Chapters 39, 40,
and 41, as follows: 

CHAPTER 39.  RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 39.001.  LEGISLATIVE POLICY AND PURPOSE.  Sets forth the intents and
purpose of the legislature regarding the desire to not have a monopoly of
electricity production and sale. Provides that this chapter is enacted to
protect the public interest during the transition to a fully competitive
electric power industry.  Sets forth the findings of the legislature
regarding the implementation of a competitive retail electric market,
encouragement of competition, recovery of above-market costs to a utility,
and education of utility customers.  Prohibits those regulating
authorities, excluding the governing body of a municipally owned electric
utility not participating in customer choice, from issuing any order or
rule regarding competition of electricity service, and they shall issue
orders promoting electricity competition rather than regulation.  Requires
judicial review to be conducted under Chapter 2001, Government Code, except
as otherwise provided by this chapter, to be commenced in the Court of
Appeals for the Third Court of Appeals District, and to be limited to
certain rulemaking records of the PUC. Sets forth necessary procedures for
a person who challenges the validity of a competition rule and for the PUC
to respond and appeal such a challenge.  Provides that the Texas Rules of
Appellate Procedure apply to an appeal brought under this section.       
 
Sec. 39.002.  APPLICABILITY.  Provides that this chapter, other than
Sections 39.155, 39.157(d), 39.203, 39.903, and 39.904, does not apply to a
municipally owned utility or an electric cooperative.  Provides that this
chapter controls when a conflict arises between a provision of this chapter
and other provisions of this title, except for Chapters 40 and 41. 

Sec. 39.003.  CONTESTED CASES.  Requires each PUC proceeding, report, and
notification to be conducted as a contested case and the burden of proof is
on the incumbent electric utility.    
SUBCHAPTER B.  TRANSITION TO COMPETITIVE RETAIL ELECTRIC MARKET

Sec. 39.051.  UNBUNDLING.  Requires an electric utility to separate from
its regulated utility activities its customer energy services business
activities that are otherwise already widely available in the competitive
market, by September 1, 2000.  Requires an electric utility to separate its
interbusiness activity by January 1, 2000, into units called a power
generation company, retail electric provider, and transmission and
distribution utility.  Authorizes an electric utility to conduct the
preceding activities by either a separate nonaffiliated company, separate
affiliated company owned by a common holding company, or sale of assets to
a third party. Requires an electric utility to provide for separation of
personnel, information flow, functions, and operations.  Requires each
electric utility to file a plan for implementation by January 1, 2000, and
requires the PUC to take certain action on the utility's plan.  Provides
that certain transactions by electric utilities to accomplish the purposes
of this section are not subject to Sections 14.101, 35.034, or 35.035. 

Sec. 39.052.  FREEZE ON EXISTING RETAIL BASE RATE TARIFFS.  Requires an
electric utility to provide retail electric service to its certificated
service area in accordance with the electric utility's retail base rate
tariffs and purchased power cost recovery factor in effect on September 1,
1999.  Prohibits an electric utility from increasing or decreasing its
retail base rates during the freeze period, except for force majeure,
Section 39.055 losses, and other specific provisions within this title.
Provides that during the freeze period, overall revenues, return on
invested capital, and net income of an electric utility are not subject to
complaint, hearing, or reasonable determination.  Requires an electric
company that had a rate proceeding pending before the PUC as of January 2,
1999, to comply with the tariffs set by the PUC until the freeze period
ends.  Provides that this section does not hinder the PUC's authority to
fulfill its Section 39.262 obligations.  Provides that nothing in this
section shall deny a utility to a proceeding by the PUC regarding certain
matters referred by court, as long as the free period rates for customers
are not affected.  Prohibits anything in this title from being construed to
prevent an electric utility or a transmission and distribution utility from
filing a change in wholesale transmission service rates during the freeze
period. 

Sec. 39.053.  COST RECOVERY ADJUSTMENTS.  Provides that this chapter does
not hinder an electric utility's ability to revise its fuel factor,
reconcile fuel expenses, and refund to customers for fuel overcollections
and undercollections, during the freeze period, as authorized by its
tariffs and Sections 36.203 and 36.205. 

Sec. 39.054.  RETAIL ELECTRIC SERVICE DURING THE FREEZE PERIOD.  Requires
an electric utility to provide service to its retail customers throughout
the freeze period in accordance with the terms of its regulatory contract
in effect on December 21, 1998.  Provides that nothing in Sections
39.052(c) and (d) shall be construed to restrict any customer's right to
complain during the freeze period regarding the quality of retail electric
service.  Provides that nothing in this title shall be construed to
restrict an electric utility from offering new services or tariffs options
to customers during the freeze period.  Requires new service or tariffs
under this section to be equal to or greater than the long-run marginal
cost of the electric utility, while not being unreasonably preferential,
prejudicial, discriminatory, predatory, or anticompetitive. Requires the
new offering revenues to be accounted for in a manner consistent with
Section 36.007. 

Sec. 39.055.  FORCE MAJEURE.  Authorizes an electric utility to claim force
majeure and thereby raise its base rates during the freeze period, subject
to a required PUC hearing, but notwithstanding Chapter 36C.  Defines "force
majeure." 

SUBCHAPTER C.  RETAIL COMPETITION
 
Sec. 39.101.  CUSTOMER SAFEGUARDS.  Requires the PUC to ensure that retail
customer protections are established prior to the onset of customer choice,
that entitle a customer to certain information or protections.  Provides
that the PUC has the authority to adopt and enforce rules to carry out
Subsections (a) and (b).  Provides that PUC has jurisdiction over all
providers of electric service in enforcing Subsections (a) and (b) and may
assess civil and administrative penalties.  Requires the PUC to establish
by a certain date customer protections, customer entitlements, and rules
regarding customer choice, and that those rules ensure the same level of
protection for customers in a restructured electric industry as the level
on December 31, 1999. Prohibits providers of retail electric service from
discriminating to provide service on the basis of physical, financial, and
geographic characteristics.  Requires the PUC to require such compliance as
a condition for certification.  Requires the providers to submit reports
detailing compliance, and the PUC to adopt rules to enforce the compliance,
including rules for hearings, penalties, and service, except for
municipally owned utilities in which case the governing body of those
utilities shall make the rules and receive the reports.  Provides that the
PUC has certain jurisdiction pertaining to the enforcement.  Requires the
PUC to modify its rules to provide customer protection at the same level
that exists on December 31, 1999.  Prohibits disconnection of retail
electric service during an extreme weather emergency or on a weekend day.
Requires an entity to defer collection to the end of the emergency and to
establish with customers a pay schedule of those bills.  Defines "extreme
weather emergency."   

Sec. 39.102.  RETAIL CUSTOMER CHOICE.  Requires all customers in the state,
with certain exemptions, to have a choice on or after January 1, 2002.
Authorizes an affiliated retail electric provider serving a customer on
December 31, 2001, to continue serving until that customer chooses a
different retail electric provider, cooperative, or municipal utility
offering customer choice.  Provides that a regulatory authority is not
subject to this chapter, if it is a utility is in the public interest and
had a systemwide freeze for residential and commercial customers extending
beyond December 31, 2001.  Requires the utility to be subject to the
provisions of this chapter at the expiration of the freeze period.  

Sec. 39.1025.  LIMITATIONS ON TELEPHONE SOLICITATION.  Prohibits a person
from making or causing to be made a telephone solicitation to an
electricity customer who has given notice to the PUC of the customer's
objection to receiving telephone solicitations regarding customer choice.
Requires the PUC to establish and provide a database to compile a list of
those customers, through contract or through the PUC.  Requires the
customer to pay a fee of not more than $5 that is set by the PUC to be
listed on the database.  

Sec. 39.103.  COMMISSION AUTHORITY TO DELAY COMPETITION AND SET NEW RATES.
Requires the PUC to delay competition of electric utility competition if
the PUC determines under Section 39.104 that either a power region is
unable to offer fair competition and reliable service to all its retail
customer classes on January 1, 2002, or the power region fails to meet the
requirements in Section 39.152.  Authorizes the PUC to establish new rates,
as provided by Chapter 36, for the electric utilities in the power region. 

Sec. 39.104.  CUSTOMER CHOICE PILOT PROJECTS.  Authorizes the use of
customer choice pilot projects by the PUC to evaluate the ability of each
power region and electric utility to implement customer choice, except that
the utility may not include customers that were served by an electric
cooperative or municipally owned utility on May1, 1999, in multiple
certificated areas.  Requires the PUC to require an electric utility to
offer customer choice by a certain date to five percent of the combined
customer classes.  Requires customer classes to receive the load equally,
and approved by the PUC.  Authorizes customers participating in a pilot
under this section to buy electric energy from any certified retail
electric provider, except for certain providers in a pilot project.
Requires a pilot project utility to charge residential and small commercial
customers in accordance with Section 39.052.  Authorizes the PUC to
prescribe reporting requirements to evaluate the pilot projects.  Requires
customer choice billing at the rate provided by Section 39.107.  Authorizes
the PUC to prescribe terms and conditions against anticompetitive practice
and for the encouragement of customer choice.  Provides that a provider
participating in a pilot project is not an electric utility.  Requires 20
percent of the load designated for customer choice to be initially set
aside for aggregated loads. 

Sec. 39.105.  LIMITATION ON SALE OF ELECTRICITY.  Prohibits a transmission
and distribution utility from selling electricity or participating in the
market for electricity after the  onset of customer choice.  Provides that
this subsection does not prohibit the provision of electric service in
multiply certificated service areas to customers of any other retail
electric utility. 

Sec. 39.106.  PROVIDER OF LAST RESORT.  Requires the PUC to designate for
each customer choice area a provider of last resort who must provide each
customer class a fixed-rate standard retail service package.  Requires a
provider of last resort to offer a standard retail package to whomever
requests last resort service.  Requires the PUC to determine the provider
of last resort no later than June 1, 2001.  Authorizes the PUC to employ a
bid process to determine a provider of last resort, to redesignate a
provider of last resort within an appropriate schedule, and to set
conditions for a provider of last resort, even when no retail electric
provider applies.  Authorizes the provider of last resort to serve without
interruption in the event the retail electric provider fails to serve any
or all of its customers. 

Sec. 39.107.  METERING AND BILLING SERVICES.  Requires the transmission and
distribution utility to provide metering services to industrial customers
for customer choice areas on a competitive basis beginning January 1, 2004.
Requires competitive metering services for residential customers to be
provided beginning September 1, 2005 or the date on which at least 40
percent of residents take service from unaffiliated retail electric
providers.  Requires customer safeguards under Section 39.101.  Sets forth
requirements for metering services that require tenants of a leased or
rented property to have the right to choose their retail electric provider,
an electric cooperative offering customer choice, or a municipally owned
utility offering customer choice and the owner to grant access to
transmission and distribution utilities or retail electric providers for
metering purposes.  Requires the utilities to bill a customer's retail
electric provider for certain nonbypassable delivery charges.  Requires the
retail electric providers to pay these charges.  Authorizes a transmission
and distribution utility to bill retail customers at the request of a
retail utilities and requires the distribution utility to offer comparable
terms and conditions to any retail electric provider requesting such
billing service. Requires the metering and billing service charges to
comply with the nondiscriminatory rates of service rules adopted by the
PUC.  Prohibits a metered electric service sold to residential customers on
a prepaid basis from being sold at a price that is higher than the price
charged by the provider of last resort.    

Sec. 39.108.  CONTRACTUAL OBLIGATIONS.  Prohibits this chapter from
interfering with the rights of contracted parties concerning utility
service or from resulting in a change in wholesale power costs to certain
wholesale customers. 

Sec. 39.109.  NEW OWNER OR SUCCESSOR.  Requires the PUC to require a
generating facility that changed ownership between June 1, 1999, and
January 1, 2002, to provide certain levels of operation as its predecessor
owners, for not less than two years.  Sets forth conditions that do not
allow this section to be applied. 

SUBCHAPTER D.  MARKET STRUCTURE

Sec. 39.151.  ESSENTIAL ORGANIZATIONS.  Requires each power region to
establish one or more independent organizations to ensure nondiscriminatory
access to the market, network reliability, timely conveyance of a
customer's choice, and accountable electricity processing. Defines
"independent organization."  Requires the PUC to certify independent
organizations, and the independent organizations to establish and enforce
reliability and accountability procedures.   Authorizes an independent
organization, with PUC approval, to charge a reasonable rate to wholesale
buyers and sellers in order to cover its own costs.  Authorizes the PUC, in
implementing this section, to hold a joint hearing or make a joint
investigation with another state or the federal government.  Provides that
an existing independent operator in ERCOT that amends its rules to permit a
certain representation on its board will meet the same access standards
required of other buyers and sellers of electricity.  Sets forth the
composition of the governing body.  Authorizes the ERCOT operator to meet
the criteria by adopting procedures and adopting resources.  Authorizes the
PUC to delegate authority to the existing independent system operator in
ERCOT to enforce operating standards within ERCOT and to establish and
oversee transaction settlement procedures.  Authorizes the PUC to establish
the terms and conditions for the ERCOT operator's authority to oversee
utility dispatch functions after the introduction of customer choice.
Requires the retail electric provider, transmission and distribution
utility, municipally owned utility, electric cooperative, power marketer,
and power  generation companies to observe all authorized protocols and
rules established by the independent system operator in ERCOT, at the risk
of certificate or administrative penalty for noncompliance.  Authorizes the
PUC to delegate authority to the independent organization outside of ERCOT.
Prohibits any requirement established by an independent organization,
including ERCOT, from adversely affecting or impeding any manufacturing or
other operation associated with an industrial generation facility, except
for minor exceptions.  Requires the power region to be considered to have
met the criteria if the Federal Energy Regulatory Commission has approved a
regional transmission organization for the region and found that the
organization meets the requirements of Subsection (e).   

Sec. 39.152.  QUALIFYING POWER REGIONS.  Requires the PUC to certify a
power region under certain circumstances.  Requires the PUC to consider the
limited extent of electricity delivery from out of state in considering
whether a partially out-of-state power region meets the requirements of
this section.  Sets forth circumstances that a power region outside of
ERCOT and a power generation company in that region shall be deemed to have
met the requirements, and prohibits a retail provider in the region from
competing in customer choice if the provider does not maintain rates based
on certain costs of service.  Provides that this subsection requires a
power generation company to sell power at rates that are based on cost of
service, notwithstanding the expiration of a contract for that service,
until the requirements are met. 

Sec. 39.153.  CAPACITY AUCTION.  Requires each electric utility to auction
within a certain timeframe 15 percent of the electric utility's generation
capacity.  Defines "electric utility." Requires the auction obligation to
continue until either a certain amount of time has elapsed or a certain
amount of customers have acquired power from another electric utility.
Prohibits an affiliate of the electric utility from purchasing entitlements
from the auction.  Authorizes an electric utility to choose auctioning
additional entitlements in order to comply with Section 39.154.  Requires
the PUC to define, by rule, by December 31, 2000, the scope of entitlements
auctioned.  Authorizes less than 15 percent entitlement to be auctioned.
Sets forth requirements for the rules set by the PUC.  Requires the PUC to
adopt, by rule, procedures meeting certain criteria for the auction.
Requires the PUC to consider certain factors in adopting the process under
Subsection (f)(2), and to consult with the applicable organization to
develop the process.  
Sec. 39.154.  LIMITATION OF OWNERSHIP OF INSTALLED CAPACITY.  Prohibits a
power generation company from owning more than 20 percent of the installed
generation capacity used to deliver electricity in its area.  Authorizes
the PUC to waive installed generation capacity requirements for a power
region that does not entirely reside within the state.  Requires the PUC to
combine the capacity owned and controlled by a power generation company and
its owned entities to determine the percentage shares of installed
generation capacity.  Defines "installed generation capacity."  Requires
the PUC to use a certain formula to determine the calculation of a
"grandfather facility."  Provides that this subsection applies only to a
power generation company that is affiliated with an electric utility that
owned and controlled more than 27 percent of the installed generation
capacity in the power region on January 1, 1999. 

Sec.  39.155.  COMMISSION ASSESSMENT OF MARKET POWER.  Requires each entity
that owns generation facilities to report to the PUC for the purpose of
determinating market power in Texas.  Requires the PUC to prescribe, by
rule, the nature and detail of such reporting requirements.  Requires the
ERCOT independent system operator to make identifications and
recommendations on the constraints and needs of a competitive system within
ERCOT, in an annual report beginning on October 1, 1999, and subsequently
by the 15th of January. Requires an electric utility owning transmission
and distribution facilities to make identifications and recommendations on
the constraints and needs of a competitive transmission and distribution
system in the power region, in a report submitted by the independent
organization having authority over the power region prior to and after the
introduction of customer choice.  

Sec. 39.156.  MARKET POWER MITIGATION PLAN.  Defines "market power
mitigation plan" or "plan."  Requires a power generation company with more
than 20 percent of the generation capacity for a delivery area to submit a
plan to the PUC by December 31, 2000, providing only certain factors
regarding sale, auction, and mitigation factors.  Requires the PUC to
evaluate a plan using certain criteria, not to include divestiture, within
180 days of its filing. Provides that an electric utility or power
generation company may amend or repeal its approved  plan, and the PUC must
take action on the change.  Authorizes the PUC to order the auction of
generation capacity entitlement held by a certain date of an electric
utility or a power generation company whose market power plan was not
approved.   

Sec. 39.157.  COMMISSION AUTHORITY TO ADDRESS MARKET POWER.  Requires the
PUC to monitor the market power in the state.  Requires the PUC to order
after a hearing and other procedures any one of various remedies to reduce
market power.  Defines "market power abuses."  Provides that high market
share in itself is not an abuse of market power.  Prohibits the ownership
of certain transmission or distribution facilities in this state by a
person who owns a generation facility, at the onset of customer choice.
Requires the PUC to monitor market share of installed capacity to ensure
limitations are not exceeded.  Requires the PUC to order a person to file a
mitigation plan if the person was found at the conclusion of a hearing of
having violated certain limitations.  Requires the PUC to establish
predatory pricing safeguards to avoid anticompetitive activity.  Provides
that there is a specific exception to the prohibition and that nothing in
this chapter prohibits a power generation company affiliated with a
transmission and distribution facility from owning generation facilities.
Requires the PUC to govern certain transactions, by rule, in order to avoid
potential market power abuses and crosssubsidization practices.  Sets forth
substantive protection the rules should address.  Requires the PUC to
adopt, by rule, a code of conduct for market participants, which is to be
consistent with Chapter 40 and 41 and may not be more restrictive than the
rules adopted under Subsection (g). Requires the PUC to determine whether
specific transmission or distribution constraints or bottlenecks within
this state give rise to market power in specific geographic markets in the
state.  Authorizes the PUC to order reasonable mitigation of market power
constraints or bottlenecks.  Prohibits the sharing of corporate support
service from allowing the transfer of confidential information from a
utility to an affiliate, create the opportunity for preferential treatment
or an unfair competitive advantage, lead to customer confusion, or create
significant opportunities for cross-subsidization of affiliates.  Prohibits
the utility or affiliate from circumventing the provisions or the intent of
Subsection (d) by using any utility affiliate to provide information,
services, or subsidies between the utility and a competitive affiliate.
Defines "competitive affiliate" and  "corporate support services." 

Sec. 39.158.  MERGERS AND CONSOLIDATIONS.  Requires PUC approval of all
consolidations, mergers, affiliations, and acquisitions between utility
market participants, including electric generation facilities and retail
electric providers, before the closing if the sale in the power region will
exceed one percent of the total electricity for sale in the region.
Provides that this section does not provide immunity from state or federal
antitrust laws, but does complement and sanction such laws in the spirit of
this section.  Provides that this section does not authorize the PUC to
review or approve transactions entered into between municipally owned
utilities, river authorities, special districts, or other political
subdivisions, when the transaction is authorized pursuant to law.  Requires
an electric utility to continue to be bound by the terms of a stipulation
or agreement of a merger in effect before the January 1, 1996. Requires the
PUC to ensure that the pass-through of all merger savings required under
any such stipulation or agreement to be fully implemented during the freeze
period and to be reflected in setting the price to beat for that utility. 

SUBCHAPTER E.  PRICE REGULATION AFTER COMPETITION

Sec. 39.201.  COST OF SERVICE TARIFFS AND CHARGES.  Requires each electric
utility to file by April 1, 2000, a proposal of tariffs supported by data
for nonbypassable delivery charges, and identify the unbundled generation
and retail energy service costs by customer class. Requires the PUC to hold
a hearing and approve a transmission and distribution utility's proposed
tariffs, fees, and transition charges, to be made effective as of January
1, 2002. Requires the system benefit fund to the one established by the PUC
under Section 39.903. Requires the transition charges to be calculated from
the amount of stranded costs that are reasonably projected to exist on the
last day of the freeze period modified to reflect any adjustments.
Requires the utility to use the ECOM administrative model in Section 39.262
to determined stranded costs.  Sets forth variables the model must include
and consideration the utility may undertake in determining stranded costs.
Requires any transition charge to be allocated among retail classes
according to Section 39.253.  Authorizes the PUC to determine in accordance
with certain criteria the length of time over which costs may be recovered.
Requires the review of stranded costs by the PUC two years into the
customer choice era, and  permits certain charge and time adjustments, up
or down, of those costs.  Authorizes the PUC to adjust the filing and
implementation dates for customer choice, given certain considerations. 

Sec.  39.202.  PRICE TO BEAT.  Requires an affiliated retail electric
provider to make available to residential and small commercial customers of
its affiliated transmission and distribution utility rates, on a bundled
basis, six percent less than its affiliated electric utility's
corresponding average residential and small commercial rates that were in
effect on January 1, 1999, and adjusted according to certain factors, from
January 1, 2002, until January 1, 2007. Provides that this rate process is
called the "price to beat," except that the "price to beat" for a utility
is the rate in effect as a result of a settlement approved by the PUC after
January 1, 1999, if the PUC determines that base rates for that utility
have been reduced by more than 12 percent as a result of a final order
issued by the PUC after October 1, 1998.  Requires the PUC to determine the
fuel factor for an area's electric utilities as of December 31, 2001.
Requires all power generation companies affected by customer choice to file
a final fuel reconciliation for the period just before customer choice,
filed after customer choice is introduced.  Provides that this final fuel
balance will be included in the Section 39.262 true-up proceedings.
Prohibits an affiliated retail electric provider from charging a rate other
than the price to beat, until a certain time period has passed or certain
percentage of an area's consumption is provided by more than one electric
utility.  Authorizes the affiliated retail electric provider to charge
rates different from the price to beat for service to aggregated loads of
certain nonresidential customers. Prohibits the provider from encouraging
or providing an incentive to a customer to switch to a nonaffiliated retail
electric provider, promote any nonaffiliated retail provider, or exchange
customers with any provider to comply with these requirements.  Sets forth
standards that shall be used for measuring power consumption during the
onset of customer choice, and consumption consideration for providing power
within 12 months of customer choice.  Requires the utility to file with the
PUC testament to meeting the requirements.  Requires the PUC to adopt
procedures to accept or reject the filing within 30 days.  Authorizes the
PUC to adjust the price to beat, following the true-up proceedings
conducted under Section 39.262.  Authorizes a provider to request the PUC
to adjust the fuel factor not more than twice per year, under certain
conditions.  Requires a provider outside of ERCOT to charge rates to
nonresidential and non-small commercial customer rates which are no higher
than the rates in effect on January 1, 1999, with certain fuel factors and
base rate adjustments, if customer choice is introduced, but the provides
must continue to offer the price to beat until 60 months after the date of
introducing customer choice.  Defines "small commercial customer." Requires
the PUC to set the retail electric provider's price to beat that will allow
the provider to maintain its financial integrity, however the price may not
exceed the level of rates charged by the utility on September 1, 1999, with
certain adjustments.   

Sec. 39.203.  TRANSMISSION AND DISTRIBUTION SERVICE.  Requires all
transmission and distribution facilities to provide transmission service at
wholesale under Chapter 35A. Requires a transmission and distribution
utility, municipal utility offering customer choice, and an electric
cooperative offering customer choice  to provide transmission or
distribution service at retail to an electric utility, a retail electric
provider, a municipally owned utility, an electric cooperative, or an
end-user customer at rates, terms of access, and conditions that are
comparable to those that apply to the transmission and distribution utility
and its facilities. Requires a municipal utility or cooperative that does
not opt for customer to provide utility service at wholesale.  Prohibits a
customer of a municipally owned utility that has not opted for customer
choice or of an electric cooperate that has not opted for customer choice
from claiming the wholesale customer status or from being designated as a
wholesale customer if the customer is being or has been served under a
retail rate schedule of the municipally owned utility or electric
cooperative.   Requires the PUC to establish for all retail electric
utilities offering customer choice, except municipal utilities and
cooperative,  reasonable and comparable terms and  conditions and
comparable rates for open access.  Establishes the rules of comparable
terms and service to include the utility's ancillary services.  Authorizes
the creation of more electric utility facilities to provide adequate
service to the state's electric markets.  Provides that in a proceeding
brought under Chapter 37 regarding an order to enlarge facilities, an
electric utility or transmission and distribution utility need not prove
certain construction was necessary for the service, accommodation,
convenience, or safety of the public and address certain other factors.
Requires the PUC rules to be consistent.  Guarantees open and
nondiscriminatory access throughout the qualifying power regions through a
PUC-approved tariff.  Requires Subsection(g) to not be deemed to vest in
the PUC power to set or approve distribution access  rates of a municipal
utility or an electric cooperative that has adopted customer choice.
Authorizes a customer in a multiply certificated area to switch is retail
distribution service provider among certificated retail utilities only
disconnecting from the facilities of one retail electric utility and
connecting to the facilities of another retail electric utility. 

Sec.  39.204.  TARIFFS FOR OPEN ACCESS.  Requires each transmission and
distribution utility to file within a certain time frame a rule-compliant
open access tariff with federal regulatory authorities. 
 
Sec. 39.205.  REGULATION OF COSTS FOLLOWING FREEZE PERIOD.  Provides that
costs remaining from nuclear decommissioning after the freeze period are
subject to cost of service regulation and are required to be included
within the nonbypassable charge to retail customers. 

SUBCHAPTER F.  RECOVERY OF STRANDED COSTS THROUGH COMPETITION TRANSITION
CHARGE 

Sec. 39.251.  DEFINITIONS.  Defines "above market purchased power costs," "
existing purchased power contract," "generation assets," "market value,"
"purchased power market value," "retail stranded costs," and " stranded
cost."   

Sec. 39.252.  RIGHT TO RECOVER STRANDED COSTS.  Allows an electric utility
to recover stranded costs within a certain time frame.  Sets forth from
whom and how stranded costs may be recovered.  Prohibits a retail customer
from avoiding stranded cost recovery charges but sets forth procedures for
avoiding costs under certain circumstances.  by switching to another
electric utility after May 1, 1999.  Provides that certain customers are
not responsible for stranded costs.  Requires a utility to pursue
commercially reasonable means to reduce its potential stranded costs.
Requires the PUC to consider the utility's efforts in determining stranded
costs, but the commission may not substitute its judgment for a market
valuation of generation assets determined under Sections 39.262(h) and (i). 

Sec. 39.253.  ALLOCATION OF STRANDED COSTS. Sets forth the allocation of
stranded costs according to customer classes, including retail customer
classes, residential class, and other remaining customer classes.  Requires
the energy consumption of the customer classes used in Subsections (a) (2)
and (c) to be based on the relevant class characteristics as of May 1,
1999, adjusted for normal weather conditions.  Provides that stranded costs
include regulatory assets. Prohibits a customer or customer class from
avoiding the obligation to pay the amount of stranded costs allocated to
that customer class, except as provided by Section 39.262(k). 

Sec. 39.254.  USE OF REVENUES FOR UTILITIES WITH STRANDED COSTS.  Provides
that this chapter contains a number of tools for use by an electric utility
to mitigate stranded costs.  Requires an electric utility cited with ECOM
in the Senate Interim Committee on Electric Utility Restructuring report,
to use these prescribed methods to reduce the net book value of its
generation assets. 

Sec. 39.255.  USE OF REVENUES FOR UTILITIES WITH NO STRANDED COSTS.
Requires an electric utility that does not have stranded costs to be
permitted to use within a certain period of time any positive difference
under a certain report on certain capital expenditures, and the costs must
be reflected in future proceedings to set rates.    Requires stranded costs
not used for capital expenditures to flow back to the utility customers via
the power cost recovery factor.  Provides that this section applies only to
the use of positive differences under a certain report. 

Sec. 39.256.  OPTION TO REDIRECT DEPRECIATION.  Authorizes an electric
utility to redirect any part of its depreciation expenses relating to
transmission and distribution assets to its net generation plant assets,
for the calendar years of 1998, 1999, 2000, and 2001, and to report the
action to the PUC or other applicable authority.  Requires the PUC to
accept and apply these book value adjustments for the purpose of
establishing net invested capital and transmission and distribution rates
for retail customers after the freeze period.  Prohibits the design of
post-freeze-period retail rates from certain cost adjustments, provided
that certain exceptions do not apply.   
 
Sec. 39.257.  ANNUAL REPORT.  Requires each electric utility to file  a
report with the PUC at the end of each year that identifies a positive
difference between the annual revenues, Section 36.205 and 36.205
reductions, and annual costs.   

Sec. 39.258.  ANNUAL REPORT:  DETERMINATION OF ANNUAL COSTS.  Sets forth
certain amounts required for determining annual costs in each annual
report. 

Sec. 39.259.  ANNUAL REPORT:  DETERMINATION OF INVESTED CAPITAL. Requires
each annual report for the net plant in service, regulatory assets, and
deferred federal income taxes to be updated yearly of certain services,
assets, income taxes, and generationrelated invested capital.  Requires
related invested capital to be reduced by the amount of provided
securitization.  Sets forth provisions for capital additions to a plant and
a requirement regarding invested capital.   

Sec. 39.260.  USE OF GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.  Provides
that the definitions and identification of invested capital in this
subchapter and Subchapter G conform to generally accepted accounting
principles (GAAP), including application of Statement of Financial
Accounting Standards No. 71 on January 1, 1999. 

Sec. 39.261.  REVIEW OF ANNUAL REPORT.  Provides that the annual report
filed under this subchapter is a public document and shall be reviewed by
PUC staff (staff) and the office of public utility counsel (office).
Authorizes the staff and office to review work papers and supporting
documents and discuss the report's underlying data with the utility.
Requires the staff and office to send within a certain date written
notification regarding data disagreements to an electric utility.  Requires
the PUC to resolve any data disagreements within a certain date, consistent
with the requirements of Section 39.258. 

Sec. 39.262.  TRUE-UP PROCEEDING.  Prohibits an electric utility from
overrecovering stranded costs in conjunction with both the utility's
affiliated retail electric provider and affiliated transmission and
distribution utility.  Requires an electric utility providing service to an
area not subject to competition after the freeze period to continue to file
its annual reports pursuant to Sections 39.257-39.259 as if the freeze
period were still in effect, until the area qualifies for Section 39.152
competition.  Requires the PUC and the office to continue to review the
annual reports.  Requires a transmission and distribution utility along
with its retail electric provider and affiliated power generation company
to file a joint finalization and reconciliation of stranded costs.
Requires the application of resulting costs to the nonbypassable delivery
rates of the transmission and distribution facility, except the utility may
choose to securitize the remaining stranded costs.  Requires an affiliated
power company to reconcile certain net sums. Requires the affiliated retail
electric provider to reconcile and credit to the affiliated transmission
and distribution utility any positive difference between a certain price to
beat and a certain prevailing market price.  Prohibits the amount credited
from exceeding 50 percent of the net income of the affiliated retail
electric provider.  Requires the transmission and distribution facility to
adjust within certain constraints the nonbypassable delivery rates it
charges to retail electric providers.  Prohibits an amount credited from
exceeding an amount equal to the number of residential or small commercial
customers served by the utility that are buying electricity from the retail
provider, within certain constraints.  Requires the PUC to conduct a review
of certain assets to determine whether such amount were appropriately
calculated, and to take certain action if the amounts were not.  Authorizes
the PUC to extend or recede the original collection period based on the
sufficiency of the nonbypassable delivery rates.  Requires the affiliated
power generation company to quantify its stranded costs using the methods
of sale of assets, stock valuation, and partial stock valuation.  Requires
an electric utility or power generation company to quantify its stranded
costs for nuclear assets using the ECOM if the utility or company did not
employ a Subsection (h)(2) or (g)(3) method.  Provides for the description
and proper utilization of the ECOM method.  Sets forth final orders for
certain utility facilities by the PUC, subject to Chapter 2001, Government
Code judicial review. Authorizes charging stranded costs to a customer if
the utility provided service to a legal customer, incurred the cost within
a certain time frame, actually provided the customer service through its
transmission and distribution facility, and updated all relevant Texas
Natural Resource Conservation Commission (TNRCC) environmental permits. 

Sec. 39.263.  STRANDED COST RECOVERY OF ENVIRONMENTAL CLEANUP  COSTS.
Provides invested capital eligibility for capital costs incurred by an
electric utility that improves air quality before January 1, 2002, subject
to certain provisions.  Provides that capital costs incurred by an electric
utility that improves air quality within a certain time frame are eligible
for Section 39.262 determination of invested capital in the true-up
proceeding eligibility, subject to certain provisions.  Requires reasonable
costs incurred under Subsections (a) and (b) to be included as invested
capital and considered in an electric utility's stranded cost
determination, only to a certain extent.  Requires the net book value to be
included in the electric utility's stranded cost, if the retirement of a
generating facility is the most cost-effective alternative, notwithstanding
Section 39.259(c).  

Sec. 39.264.  EMISSIONS REDUCTIONS OF "GRANDFATHERED FACILITIES." Defines
"conservation commission" and "electric generating facility."  Provides
that this section applies only to an electric generating facility existing
on January 1, 1999, that is not subject to the requirement to obtain a
permit under Section 382.0518(g), Health and Safety Code.  Sets forth the
intent and purpose of the legislature for this section.  Authorizes a
municipal corporation, electric cooperative, or river authority to exclude
certain electric generating facilities from the requirements prescribed by
this section, but they must inform the PUC. Requires the owner or operator
of an electric generating facility to apply to the TNRCC for a permit for
the emission of air contaminants on or before September 1, 2000, which
requires the facility to achieve certain emission reductions.  Provides
that this section applies to coal using facilities and all facilities must
not operate without such a permit.  Requires TNRCC to develop rules for
permitting the facilities regarding emissions and emissions per certain
regions of the state.  Sets forth the standards of emissions allowances the
PUC must provide for each the regions.  Authorizes a facility to elect to
receive allowances as per rules of the TNRCC and requires the facilities to
follow the rules dependant on their region.  Sets forth rules the TNRCC
must adopt in regards to the emissions and regulations of the allowances.
Sets forth prohibitions by the facilities from using the allowances in
certain manner.  Sets forth penalization requirements by the PUC against a
facility that abuses the allowances rules and guidelines. Requires the
facilities to publish an intent to seek a permit for allowances and
requires TNRCC to hold hearing regarding the allowances.  Provides that
this section does not limit the TNRCC's authority to require further
reductions of nitrogen oxides, sulphur dioxides, or any other pollutants.   

Sec. 39.265.  RIGHTS NOT AFFECTED.  Provides that this chapter is not
intended to alter any rights of a utility to recover stranded costs from
wholesale customers and set forth other purposes of the legislature. 

SUBCHAPTER G.  SECURITIZATION

Sec. 39.301.  PURPOSE.  Provides that the primary purpose of this chapter
is  to enable an electric utility to engage in cost-effective financing for
the recovery of stranded costs over conventional utility financing methods.

Sec. 39.302.  DEFINITIONS.  Defines "assignee," "financing order,"
"financing party," "qualified costs," "regulatory assets," "transition
bonds," "transition charges," and "transition property."   

Sec. 39.303.  FINANCING ORDERS; TERMS.  Requires the PUC to adopt a
financing order upon finding that the total amount of revenues to be
collected pursuant to the financing order is less than the revenue
requirement that would be recovered over the remaining life of the stranded
costs.  Requires the financing order to detail the amount of stranded costs
over a certain period.  Requires transition charges to be collected and
allocated among customers in a certain manner.  Requires a financing order
to become effective in accordance with its terms and to become irrevocable
thereafter.  Requires the PUC to issue the financing order within a certain
time period.  Prohibits a financing order from being subject to rehearing
by the PUC. Authorizes a financing order to be reviewed upon appeal, in
which case venue will be in Travis County.  Sets forth conditions and terms
of a review and appeal of a court decision regarding a financing order.
Authorizes the PUC to adopt a financing order under certain conditions, at
the request of an electric utility.  Requires the PUC to adjust the related
transition charges of a retired and refunded transition bond.   

 Sec. 39.304.  PROPERTY RIGHTS.  Requires the rights and interests of an
electric utility to be only contract rights, except for transfer into
transition bonds.  Requires transition property to constitute a present
property right for contract purposes, even though the imposition and
collection of transition charges depends on not-yet-occurred acts, in any
case the financing order remains in effect.  Requires all revenues and
collections resulting from transition charges to constitute proceeds only
of the transition property arising from the financing order.  

Sec.  39.305.  NO SETOFF.  Prohibits certain interests in transition
property from being subject to setoff or other bankruptcy procedures.   

Sec.  39.306.  NO BYPASS.  Requires a financing order to include terms
ensuring that the imposition and collection of transition charges
authorized in the order shall be nonbypassable. 

Sec. 39.307.  TRUE-UP.  Sets forth required inclusions in a financing order
regarding true-up provisions. 

Sec. 39.308.  TRUE SALE.  Establishes that certain agreements by an
electric utility are true sales and are not secure transactions.  Requires
this true sale to apply regardless of possible buyer-seller recourse.   

Sec. 39.309.  SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT.
Prohibits transition property from constituting an account or general
intangible under Section 9.106, Business & Commerce Code.  Provides that
administrative duties regarding liens are governed by this chapter and not
the Business & Commerce Code.  Requires a valid and enforceable lien and
security interest in transition property to be created only by a financing
order and the execution and delivery of a certain security agreement.  Sets
forth conditions for the valuation of a lien and security interest.  Sets
forth terms and conditions for the transfer and perfection of an interest
in transition property.  Requires the secretary of state to implement this
section by establishing and maintaining a system of records.  Provides that
the priority of a perfected lien and security interest may not be impaired,
and any other security interest that may apply to those funds shall be
terminated upon certain transfers.  Requires proceeds to be held in trust
in a transfer of transition property to an assignee.  Authorizes
foreclosure of transition bonds under certain conditions.  Requires a
Travis County district court to order the sequestration and payment of the
bonds, upon application. 

Sec. 39.310.  PLEDGE OF STATE.  Provides that transition bonds are not a
debt or obligation of the state.  Provides that the state does pledge to
protect the financing parties and the electric utilities, and that a
financing party may include this pledge in future documentation.   

Sec. 39.311.  TAX EXEMPTION.  Exempts transactions and ownership involving
transition property from local and state taxation. 

Sec. 39.312.  NO PUBLIC UTILITY.  Prohibits an assignee or financing
authority from being considered as a public utility or person providing
electric service solely by virtue of the transactions described in this
subchapter. 

Sec. 39.313.  SEVERABILITY.  Establishes that certain legal and financial
occurrences regarding transition bonds issued under this chapter do not
affect the validity or continuation of this subchapter and certain sections
that are relevant to the transition bonds.   

SUBCHAPTER H.  CERTIFICATION AND REGISTRATION; PENALTIES

Sec. 39.351.  CERTIFICATION OF POWER GENERATION COMPANIES.  Prohibits a
person from generating electricity for sale, unless the person is
registered.  Authorizes a person to register as a power generation company
by filing certain information for certification. Requires a power
generation company to comply with the independent organization's
reliability standards, and may register anytime after September 1, 2000.   

Sec. 39.352.  CERTIFICATION OF RETAIL ELECTRIC PROVIDERS.  Prohibits a
person without PUC certification from providing retail electric service in
customer choice areas,  after the date of customer choice.  Requires the
PUC to issue a person who demonstrates certain  abilities a provider's
certificate.  Requires a person applying for certification to comply with
certain protections, requirements, and guidelines.  Sets forth conditions
under which a retail electric provider shall be certified to provide
customers in a certified area their only service. Authorizes a retail
electric provider to apply for certification anytime after September 1,
2000. Requires the PUC to use any information required in this section in a
manner that ensures the confidentiality of competitively sensitive
information.  Requires a retail electric provider that provides more than
300 megawatts of power in this state to provide not less than five percent
of the load to residential customers.  Sets forth conditions under which
this requirement applies to an affiliated retail provider.  Requires the
load served by retail providers to be combined, for this section.  Sets
forth conditions under which the provider meets the requirements of this
subsection or else pay a certain amount into the system benefit fund.
Prohibits the residential load from including customers served by an
affiliate in its own area.  Requires each provider to file reports with the
PUC.  Provides that this section applies for 36 months after retail
competition begins.  Requires the PUC to adopt rules to implement this
subsection. 

Sec. 39.353.  REGISTRATION OF AGGREGATORS.  Prohibits a non-certificated
person from providing aggregation services.  Defines "aggregator."
Prohibits an aggregator from selling or taking title to electricity.
Provides that retail electric providers are not aggregators. Requires a
person registering under this section to comply with all customer
protection provisions, disclosure requirements, and established marketing
guidelines.  Authorizes the PUC to establish any terms and conditions
necessary for the regulation of proper aggregation service by June 1, 2000.
Authorizes an aggregator to register anytime after September 1, 2000.
Requires the PUC to have up to 60 days to process applications for
registration filed by aggregators, but registration is not required of a
customer that is aggregating loads from its own location or facilities.
Requires the PUC to work with the Texas Department of Economic Development
to communicate information about opportunities for operation as aggregators
to potential new aggregators. 
 
Sec. 39.354.  REGISTRATION OF MUNICIPAL AGGREGATORS.  Prohibits a
nonregistered municipal aggregator from providing aggregation services.
Defines "municipal aggregator."  Authorizes a municipal aggregator to
register anytime after September 1, 2000. 

Sec. 39.3545.  REGISTRATION OF POLITICAL SUBDIVISION AGGREGATORS. Prohibits
a political subdivision aggregator from providing aggregation services in
the state unless the political subdivision aggregator registers with the
commission.  Defines "political subdivision aggregator."  Authorizes the
aggregator to register any time after September 1, 2000. 

Sec. 39.355.  REGISTRATION OF POWER MARKETERS.  Prohibits a non-registered
person from selling electric energy at wholesale as a power marketer,
pursuant to Section 35.032. 

Sec. 39.356.  REVOCATION OF CERTIFICATION.  Authorizes the PUC to suspend,
revoke, or amend a retail electric provider's certificate when the offender
does not comply with this title's rules or a certified independent
organization's protocols.  Authorizes the PUC to revoke a retail electric
provider's certificate in the event the provider can no longer provide
continuous and reliable service.  Authorizes the PUC to suspend or revoke
an aggregator's registration for significant violations of this title's
rules or reliability protocols.  

Sec. 39.357.  ADMINISTRATIVE PENALTY.  Authorizes the PUC to levy an
additional administrative penalty against a Section 39.356 violator. 

Sec. 39.358.  LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDER.  Authorizes a
municipality to require a retail electric provider to register with the
municipality as a condition of serving residents of the municipality, who
may assess a reasonable administrative fee. Authorizes the municipality to
suspend or revoke a provider's registration and operation in that
municipality for significant violations of this chapter or the rules
adopted under this chapter.   

SUBCHAPTER I.  PROVISIONS FOR CERTAIN NON-ERCOT UTILITIES

Sec. 39.401.  APPLICABILITY.  Requires this subchapter to apply to certain
investor-owned  electric utilities operating solely outside of ERCOT.
Establishes that this subchapter is established in recognition that some
areas require a structured introduction to customer choice, and that this
subchapter controls if there are any conflicts with any other provision of
this title.  

Sec. 39.402.  TRANSITION TO COMPETITION PLAN.  Requires a utility to file a
transition to competition plan with the PUC by December 1, 2000.   Sets
forth requirements for the plan.  
Sec. 39.403.  UNBUNDLING.  Requires the utilities to unbundle as required
by Section 39.051. 

Sec. 39.404.  RATE FREEZE.  Requires the utilities to freeze their rates
until January 1, 2002, upon when the price to beat shall become effective.
Prohibits the utility from charging rates that are higher than the rates in
effect January 1, 1999, until the region qualifies for competition or until
rates are reset pursuant to Section 39.405(c).   

Sec. 39.404.  PILOT PROJECT.  Requires the utilities to undertake a pilot
project as set forth in Section 39.104.  Requires the PUC to extend the
project beyond January 1, 2002, and to expand the percentage of
participation beyond the five percent level.  Requires the PUC to review
the project as circumstances change and authorizes the PUC to adjust the
level of participation.  Requires the utility to design a pilot project and
to file a report with the PUC detailing that project.  Provides that
nothing in this section requires the project to serve in multiply
certificated areas.  Authorizes certain proceedings to be filed if a
utility fails to meet the requirements of Section 39.152(a). 

Sec. 39.406.  PRICE TO BEAT.  Requires the utilities to include a certain
price to beat in their plan similar to Section 39.202.  Authorizes the PUC
to reduce the six percent price to develop the necessary infrastructure. 

Sec. 39.407.  RELEVANT MARKET AND RELATED MATTERS.  Sets forth conditions
under which the PUC must certify that the requirements of Section
39.152(a)(3) are being met by the electric utilities.  Prohibits an
affiliate from competing in customer choice unless the affiliate makes a
commitment to maintain and does maintain rates that are based on cost of
service for any electric cooperative or municipally owned utility that was
a wholesale customer and was purchasing power at rates that were based on
cost of service.  Requires a power generation company to sell power at
rates that are based on cost of service, until a certain period of time.
Requires a power generation company to maintain adequate supply of power if
the rates are not met.  Provides that the obligation provided by this
subsection remains in effect until the PUc determines that the requirements
of Section 39.152(a) have beeN met. 

Sec. 39.408.  USE OF REVENUES FOR UTILITIES WITH NO STRANDED COSTS.
Authorizes an electric utility to request to use positive differences to
accelerate the amortization of their assets, under certain conditions.  

SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS

Sec. 39.901.  SCHOOL FUNDING LOSS MECHANISM.  Requires the comptroller to
certify to the Texas Education Agency (TEA) any property wealth reductions
attributable to electric utility restructuring.  Requires TEA to determine
the reduction of the amount of property taxes and to notify the PUC of the
amount necessary to compensate the state for the reduction. Requires the
TEA to determine and to notify the PUC of the amounts necessary to
compensate school districts for lost revenue resulting from the property
wealth reductions.  Requires the amounts necessary to compensate districts
to be the sum of certain funding and revenue.  Requires a shortfall to be
included in the projected revenue requirements and to be transferred to the
Foundation School Program the following year.   Provides that the amounts
determined by the comptroller and the TEA are final and may not be
appealed.  Requires the PUC to transfer the appropriate amount from the
system benefit fund to the foundation school fund. Provides that amounts
transferred from the system benefit fund for this section are appropriated
for the support of the foundation school program and are available, in
addition to any other General Appropriations Act funds, to finance actions
under Section 41.002(b) or 42.252(e). Requires the TEA to compensate school
districts for losses incurred under Subsection (c), with the transferred
money.  Authorizes the comptroller and the commissioner of education to
adopt  rules necessary to implement this section.  Provides that this
section is effective through the 2006-2007 school year, but expires August
31, 2007.   

Sec. 39.9015.  INTERIM STUDY ON AFFECTED TAXING UNITS.  Requires an interim
committee to study and make recommendations on the impact of utility
deregulation on the tax revenue on taxing units in a county on the coast of
the Gulf of Mexico.  Sets forth requirements for the report, and provides
that this section expires January 2, 2001. 

Sec. 39.9016.  NUCLEAR SAFETY FEE.  Requires an electric utility that
operates a nuclear asset located in a county on the coast of THE Gulf of
Mexico to pay certain nuclear safety fees for the year 2000 and 2001 to
certain taxing units.  Requires the fee to be considered a tax or fee under
Section 39.258(5). 

Sec. 39.902.  CUSTOMER EDUCATION.  Requires the PUC to develop and
implement an educational program, prior to January 1, 2000, to inform
customers of changes resulting from opening the retail electric market.
Requires the education program to be neutral, nonpromotional, providing the
information necessary to make an informed choice.   Requires the program to
inform consumers of certain rights but prohibits the program from targeting
areas served by certain municipally owned utilities or cooperatives.
Requires the PUC to consult the Texas Department of Housing and Community
Affairs (TDHCA) and customers of providers of retail electric services, in
order to plan and implement this program.  Authorizes the PUC to enter into
contracts to carry out the customer education program.  Requires the PUC to
report on the status of the program to the legislature by December 1, 2001.
Requires the PUC to conduct ongoing customer education after the onset of
customer choice, including providing information concerning specific retail
electric providers and instances and complaints against the providers. 
 
Sec. 39.903.  SYSTEM BENEFIT FUND.  Creates a system benefit fund as a
trust fund with the comptroller.  Requires the fund to be financed by a
nonbypassable charge set by the PUC, not to exceed 50 cents per megawatt
hour, except for certain date when the fee may be changed to other rates.
Sets forth to whom the charge may not be assessed against.  Requires the
PUC to review and approve the fund accounts, and to report to the electric
utility restructuring legislative oversight committee if the fee is
insufficient to fund the purposes set forth in Subsection (e).  Requires
the system benefit fund to provide funding for certain programS and costs.
Sets forth rules the PUC must adopt regarding programs to assist low-income
electric customers and reduced rates by retail providers, and requirements
for the content of those rules. Prohibits a utility from reducing programs
already offered to assist low-income electric customers.  Provides that the
reduced rate for municipally owned utilities and electric cooperatives
under this section is in addition to any rate reduction that may result
from local programs for low-income customers of the municipally owned
utility or cooperatives.  Prohibits a cooperative, municipal utility, or
retail provider from charging an eligible low-income customer certain
rates, if the provider seeks reimbursement from the fund.  Sets forth how a
provider and a cooperative shall be reimbursed from the fund.  Requires the
PUC to adopt rules providing for the reimbursement and for methods of
enrolling customers into a reduced rates program.  Defines a "low-income
electric customer."  Prohibits a provider from charging a fee for
participation in the reduced rate program. 

Sec. 39.904.  GOAL FOR RENEWAL ENERGY.  Sets forth the intent of the
legislature regarding renewable energy technologies, which shall constitute
not less than 2,000 megawatts of generating capacity from renewable energy
technologies by January 1, 2009.  Sets forth the amounts of megawatts to be
installed from renewable energy by certain dates.  Requires the PUC to
establish a credits trading program for renewable energy available to a
retail electric provider, municipally owned utility, or electric
cooperative which does not satisfy the renewable energy requirements.
Requires the PUC to adopt rules, by January 1, 2000, to administer and
enforce this section, and sets forth the minimal composition of those
rules.  Defines "renewable energy technology."  Authorizes a municipal
utility operating a gas distribution system to credit their production
towards the requirements of this section based on certain conversions. 

Sec. 39.9044.  GOAL FOR NATURAL GAS.  Sets forth the intent of the
legislature regarding natural gas production of megawatts of generation
capacity.  Requires the PUC to establish a program to encourage utilities
to comply with this section by using the gas produced in this state  as the
preferential fuel.  Provides that this section does not apply to generating
capacity for renewal energy technologies.  Requires the PUC to establish a
credit program for gas.  Requires any power generation company, municipal
utility, or cooperative to purchase credits to satisfy the requirements of
this section.  Requires the PUC to adopt rules to administer this section
and to adopt rules with the assistance of the Railroad Commission of Texas
allowing and encouraging retail providers, municipal utilities, and
cooperative to market electricity generated by gas from this state as
environmentally beneficial.  Sets forth the substance of the rules. Defines
"natural gas technology."   

Sec. 39.9048.  NATURAL GAS FUEL.  Sets forth the intent of the legislature
regarding the cost of natural gas fuel. 

Sec. 39.905.  GOAL FOR ENERGY EFFICIENCY. Sets forth the intent of the
legislature regarding energy efficiency.  Requires the PUC to adopt rules
and procedures to ensure that the goal of this section is achieved by
January 1, 2004. 

Sec. 39.906.  DISPLACED WORKERS.  Requires the PUC to allow the recovery of
reasonable employee related transition costs incurred and projected for
severance, retraining, early retirement, outplacement, and related expenses
for the employees. 

Sec. 39.907.  LEGISLATIVE OVERSIGHT COMMITTEE.  Defines "committee."  Sets
forth the composition, terms, duties, and responsibilities for the
legislative oversight committee, including a report to certain executive
officials. 

Sec. 39.908.  EFFECT OF SUNSET PROVISION.  Provides that the provisions of
this title continue in full force in the event the PUC is abolished.
Requires the duties and functions of the PUC to be performed by a successor
agency designated by the legislature before the PUC's abolishment, or by
the secretary of state in the event of no successor appointment.   

Sec. 39.909.  PLAN AND REPORT OF WORKFORCE DIVERSITY AND OTHER BUSINESS
PRACTICES.  Defines "small business" and "historically underutilized
business." Requires each electric utility to develop a plan to enhance the
diversity of its workforce and to increase contracting opportunities with
certain minority businesses and to submit the report TO the PUC and to the
legislature by a certain date.  Sets forth the composition of the report. 

CHAPTER 40.  COMPETITION FOR MUNICIPALITY OWNED UTILITIES AND RIVER
AUTHORITIES 

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 40.001.  APPLICABLE LAW.  Provides that this chapter governs the
transition to and establishment of a fully competitive electric power
industry for municipally owned utilities. Prohibits the provisions of
Chapter 39 from applying to a river authority operating a steam plant
before a certain date, or a corporation authorized by Article 717p,
V.T.C.S.  Subjects the river authority to certain sections of law.
Prohibits hydroelectric assets from being deemed certain assets for
purposes of Section 39.051, and that generating assets to a certain
corporation shall satisfy the requirements of Section 39.051.  Provides
that an accommodation shall be made in the code of conduct established
under Section 39.157(e) for the provisions of Article 717p, V.T.C.S., and
that the PUC shall not prohibit a river authority and other related
corporation from sharing or providing to each certain officers, facilities,
and duties, without the need for a competitive bid.   

Sec. 40.002.  DEFINITION.  Defines "body vested with the power to manage
and operate a municipally owned utility." 

Sec. 40.003.  SECURITIZATION.  Authorizes a municipally owned utility or
river authority to recover up to 100 percent stranded costs through
securitization provisions.  Sets forth rules and procedures for using
securitization and other bonds.  Requires these rules and procedures to be
consistent with established law.   

Sec. 40.004.  JURISDICTION OF COMMISSION.  Establishes that the PUC has
jurisdiction  over municipally owned utilities only for certain purposes.   

Sec. 40.005.  LIMITATION ON MUNICIPAL AUTHORITY.  Prohibits a municipality
from regulating the rates, operations, and services of an electric
cooperative, except in certain instances to protect the public.  Provides
that this section does not prohibit a municipality from making certain
lawful charges regarding rights-of-way.  Requires the cooperative to be an
electricity utility for purposes of Section 182.025, Tax Code, and Section
33.008. 

SUBCHAPTER B.  MUNICIPALLY OWNED UTILITY CHOICE

Sec. 40.051.  GOVERNING BODY DECISION.  Provides discretion to a
municipally owned utility to decide when or if the utility will employ
customer choice on or after January 1, 2002, via an appropriate resolution.
Provides that a decision by resolution to provide customer choice is
irrevocable.  Establishes that Subchapters 33D and 33E no longer apply if
the municipally owned utility resolves to offer customer choice. 

Sec. 40.052.  UTILITY NOT OFFERING CUSTOMER CHOICE.  Prohibits a municipal
utility from offering unregulated prices if the utility decides not to
offer customer choice, but may still provide a full range of customer
service, pricing programs within its certificated area, and buy and sell
wholesale electricity without geographic restriction.   

Sec. 40.053.  RETAIL CUSTOMER'S RIGHT OF CHOICE.  Establishes that after
customer choice is approved by a municipal utility, customer choice shall
be provided with open access for retail service.  Prohibits the municipally
owned utility from offering competitive metering, notwithstanding Section
39.107 provisions.  Authorizes the municipally owned utility to be the sole
provider of the metering function.  Sets forth requirements for the
provider of last resort and the default provider of last resort to offer
standard regulation retail service for requesting customers.  Authorizes
the municipally owned authority to establish procedures and criteria for
designating and redesignating the provider of last resort. 

Sec. 40.054.  SERVICE OUTSIDE AREA.  Authorizes a municipally owned utility
opting for customer choice to offer electricity and related services at
unregulated prices without regard to geography, yet abiding by the PUC's
code of conduct regulating anticompetitive practice. Authorizes the PUC to
establish terms and conditions, but not rates, for access by other retail
electric providers against municipally owned utilities participating in
customer choice.  Requires the codes of conduct to accommodate relevant
state and federal laws.  Provides that the PUC does not have jurisdiction
that would require municipally owned utilities to unbundle its services.
Requires the municipally owned utility to maintain separate books and
records for its operations from those of affiliated operations.  

Sec. 40.055.  JURISDICTION OF MUNICIPAL GOVERNING BODY.  Sets forth
exclusive jurisdictions to the municipal governing body or the body's
replacement.  Prohibits a retail customer, including a customer of an
electric cooperative or municipal utility, from avoiding stranded cost
recovery charges by switching to another electric utility.       

Sec. 40.056.  ANTICOMPETITIVE ACTIONS.  Requires the PUC to notify the
municipally owned utility of any known anticompetitive practices, to
provide three months for the utility to cure the anticompetitive practice,
following a hearing, and to deny access to service outside an offender's
certificated retail service area if the offense is not remedied within a
certain time.   

Sec. 40.057.  BILLING.  Authorizes the municipally owned utility that opts
for customer choice to bill directly customers, generation services, and
customer services.  Specifies that a municipally owned utility cannot adopt
anticompetitive practices that would discourage customers from choosing a
retail electric provider.  Establishes that certain customers may choose
between a direct billing from each service provider or a single bill from
the municipally owned utility.   

Sec. 40.058.  TARIFFS FOR OPEN ACCESS.  Requires a municipally owned or
operated transmission and distribution facility to file by a certain date
with the PUC tariffs implementing open access rules and certain rates.
Provides that the PUC has no authority to determine rates for distribution
access service for a municipally owned utility.   
 
Sec. 40.059.  MUNICIPAL POWER AGENCY; RECOVERY OF STRANDED COSTS. Defines
"member city."  Authorizes a member city that opts for customer choice to
recover stranded costs through a nonbypassable charge.  Establishes that
the nonbypassable charge shall be as determined by the member city's
governing board, and may be spread out over 16 years. Authorizes which
stranded costs may be recovered through this section using the Texas Senate
Interim Committee on Electric Utility Restructuring report.  Prohibits
double counting of this section's stranded costs and the generation costs
used in setting rates.  Provides that provisions of this section are
cumulative of all other provisions of this chapter, and nothing in this
section shall be construed to limit or restrict the application of any
provision of this chapter.  Requires the municipal power agency to
extinguish the agency's indebtedness by sale of the electric facility to
one or more purchasers, and to set the objective of selling the debt by
September 1, 2000.  Requires the agency to provide to the electric utility
restructuring legislative oversight committee detailed reasons why the
objective was not met by a certain date.  Authorizes the agency to use the
rate of return method for calculating its transmission cost of service.
Sets forth procedures for using the rate of return method.  Requires any
additional revenue to be applied to reduce the agency's outstanding
indebtedness.   

Sec. 40.060.  NO POWER TO AMEND CERTIFICATES.  Provides that nothing in
this chapter empowers a municipal governing body or a body vested with the
power to manage a municipally owned utility to issue, amend, or rescind a
certificate of public convenience and necessity granted by the PUC.
Establishes that this section does not deny the ability for a municipally
owned utility to pass a Section 40.051(b) resolution.   

SUBCHAPTER C. RIGHTS NOT AFFECTED

Sec. 40.101.  INTERFERENCE WITH CONTRACT.  Prohibits this subtitle from
interfering with or abrogating the rights or obligations of a party to
contract with a municipally owned utility or river authority, including a
retail or wholesale customer, under a contract or agreement concerning
certificated utility service areas. 

Sec. 40.102.  ACCESS TO WHOLESALE MARKET.  Establishes that nothing in this
subtitle limits the access of municipally owned utilities to the wholesale
electric markets. 
 
Sec. 40.103.  PROTECTION OF BONDHOLDERS.  Establishes that nothing in this
subtitle or any rule adopted under this subtitle impairs the various
agreements between this state, river authorities, municipalities, and the
bondholders of revenue bonds issued by the river authorities or
municipalities. 

Sec. 40.104.  TAX-EXEMPT STATUS.  Establishes that nothing in this subtitle
impairs the tax-exempt status of municipalities, electric cooperatives, or
river authorities, or compels any of those organizations to use its
facilities in a manner which violates any contractual obligation to finance
tax-exempt debt.  Establishes that a Section 40.051(b) decision to
participate in customer choice is irrevocable, notwithstanding any other
provision of law. 

CHAPTER 41.  ELECTRIC COOPERATIVES AND COMPETITION

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 41.001.  APPLICABLE LAW.  Establishes that this chapter provides for a
fully competitive electric power industry for electric cooperatives,
notwithstanding other provisions of law, except Sections 39.155, 39.157(e),
39.203, 39.903, and 39.904.