81R8743 JTS-F
 
  By: Davis, Wendy S.B. No. 1481
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to energy aggregation by political subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 304.001(d), Local Government Code, is
  amended to read as follows:
         (d)  A political subdivision corporation may negotiate on
  behalf of its incorporating political subdivisions and the citizens
  of member political subdivisions who create citizen aggregation
  programs under Section 304.002 for the purchase of electricity,
  make contracts for the purchase of electricity, purchase
  electricity, and take any other action necessary to purchase
  electricity for use in the public facilities or by citizens of the
  political subdivision or subdivisions represented by the political
  subdivision corporation. In this subsection, "electricity" means
  electric energy, capacity, energy services, ancillary services, or
  other electric services for retail or wholesale consumption by the
  political subdivisions.
         SECTION 2.  Section 304.002, Local Government Code, is
  amended by amending Subsection (a) and adding Subsections (b-1),
  (b-2), (d), (e), and (f) to read as follows:
         (a)  A political subdivision aggregator may negotiate for
  the purchase of electricity and energy services, contract for the
  purchase of electricity, purchase electricity, and take any other
  action necessary to purchase electricity on behalf of the citizens
  of the political subdivision or subdivisions. [The citizens must
  affirmatively request to be included in the aggregation services by
  the political subdivision aggregator.]
         (b-1)  The governing body of a political subdivision may
  adopt an ordinance or resolution that provides for:
               (1)  automatic enrollment in aggregation services for
  citizens of the political subdivision; and
               (2)  enrollment in aggregation services on request by
  citizens of unincorporated areas residing within 20 miles of the
  geographic boundaries of the political subdivision.
         (b-2)  If the governing body of the political subdivision
  provides for automatic enrollment of the citizens in aggregation
  services, the political subdivision shall send by mail to each
  citizen who will be automatically enrolled a 60-day written notice
  that citizens will be automatically enrolled unless a citizen
  expressly requests to not be enrolled.
         (d)  Each retail electric provider and transmission and
  distribution utility shall provide to a political subdivision any
  information the political subdivision considers necessary to
  solicit or administer an aggregation program under this section,
  including the name, address, electric service identifier, and
  monthly usage of each residential customer who resides in the
  political subdivision. The consent of a customer may not be
  required as a condition of providing information to a political
  subdivision under this subsection. The political subdivision may
  provide to a third party or an aggregator information received
  under this subsection, but only for the purpose of bidding on,
  implementing, or administering the aggregation program.
         (e)  This section is not intended to abrogate an electric
  service contract between a citizen of any political subdivision and
  a competitive retail electric provider. A citizen who takes power
  from retail electric providers under a contract as of the date the
  ordinance or resolution passes may not join the citizen aggregation
  program until expiration of the contract.
         (f)  Any savings attributable to the aggregation program
  shall be directed to citizen participants, except that the
  political subdivision may recover its actual administrative costs.
         SECTION 3.  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.