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  H.B. No. 2052
 
 
 
 
AN ACT
  relating to electric service reliability measures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.005(b), Utilities Code, is amended to
  read as follows:
         (b)  The commission may [shall] take appropriate enforcement
  action under this section, including [but not limited to] action
  against a utility, if any of the utility's feeders [feeder] with 10
  or more customers [appears on the utility's list of worst 10 percent
  performing feeders for any two consecutive years or] has had a SAIDI
  or SAIFI average that is more than 300 percent greater than the
  system average of all feeders during any two-year period, beginning
  in the year 2000. In determining the appropriate enforcement
  action, the commission shall consider:
               (1)  the feeder's operating and maintenance history;
               (2)  the cause of each interruption in the feeder's
  service;
               (3)  any action taken by a utility to address the
  feeder's performance;
               (4)  the estimated cost and benefit of remediating a
  feeder's performance; and
               (5)  any other relevant factor as determined by the
  commission.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2052 was passed by the House on April
  17, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2052 was passed by the Senate on May
  26, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor