H.B. No. 1064
 
 
 
 
AN ACT
  relating to exempting certain customers from certain demand charges
  by transmission and distribution utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 36, Utilities Code, is
  amended by adding Section 36.009 to read as follows:
         Sec. 36.009.  BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS.
  Notwithstanding any other provision of this code, the commission by
  rule shall require a transmission and distribution utility to:
               (1)  waive the application of demand ratchet provisions
  for each nonresidential secondary service customer that has a
  maximum load factor equal to or below a factor set by commission
  rule;
               (2)  implement procedures to verify annually whether
  each nonresidential secondary service customer has a maximum load
  factor that qualifies the customer for the waiver described by
  Subdivision (1);
               (3)  specify in the utility's tariff whether the
  utility's nonresidential secondary service customers that qualify
  for the waiver described by Subdivision (1) are to be billed for
  distribution service charges on the basis of:
                     (A)  kilowatts;
                     (B)  kilowatt-hours; or
                     (C)  kilovolt-amperes; and
               (4)  modify the utility's tariff in the utility's next
  base rate case to implement the waiver described by Subdivision (1)
  and make the specification required by Subdivision (3).
         SECTION 2.  The Public Utility Commission of Texas shall
  adopt rules as necessary to implement Section 36.009, Utilities
  Code, as added by this Act, before June 1, 2012.
         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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1064 was passed by the House on April
  19, 2011, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1064 was passed by the Senate on May
  12, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor