By: Springer H.B. No. 3867
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Public Utility Commission of Texas
  to retain assistance for regional proceedings affecting certain
  electric utilities and consumers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 39, Utilities Code, is
  amended by adding Section 39.004 to read as follows:
         Sec. 39.004.  HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS.  
  (a)  The commission may retain any consultant, accountant, auditor,
  engineer, or attorney the commission considers necessary to
  represent the commission in a proceeding before a regional
  transmission organization, or before a court reviewing proceedings
  of a regional transmission organization, related to:
               (1)  the relationship of an electric utility to a power
  region, regional transmission organization, or independent system
  operator;
               (2)  the approval of an agreement among an electric
  utility and the electric utility's affiliates concerning the
  coordination of the operations of the electric utility and the
  electric utility's affiliates; or
               (3)  other matters related to an electric utility that
  may affect the ultimate rates paid by retail customers in this
  state.
         (b)  Assistance for which a consultant, accountant, auditor,
  engineer, or attorney may be retained under Subsection (a) may
  include:
               (1)  conducting a study;
               (2)  conducting an investigation;
               (3)  presenting evidence;
               (4)  advising the commission; or
               (5)  representing the commission.
         (c)  The electric utility that is the subject of the
  proceeding shall pay timely the reasonable costs of the services of
  a person retained under Subsection (a), as determined by the
  commission.  The total costs an electric utility is required to pay
  under this subsection may not exceed $1.5 million in a 12-month
  period.
         (d)  The commission shall allow an electric utility to
  recover both the total costs the electric utility paid under
  Subsection (c) and the carrying charges for those costs through a
  rider established annually to recover the costs paid and carrying
  charges incurred during the preceding calendar year.  The rider may
  not be implemented before the rider is reviewed and approved by the
  commission.
         (e)  The commission shall consult the attorney general
  before the commission retains a consultant, accountant, auditor, or
  engineer under Subsection (a).  The retention of an attorney under
  Subsection (a) is subject to the approval of the attorney general
  under Section 402.0212, Government Code.
         (f)  The commission shall be precluded from engaging any
  individual who is required to register under Section 305.003,
  Government Code.
         (g)  This section expires September 1, 2023.
         SECTION 2.  This Act takes effect September 1, 2019.