S.B. No. 1150
  relating to requiring certain non-ERCOT utilities to comply with
  energy efficiency goals.
         SECTION 1.  Subsection (a), Section 39.402, Utilities Code,
  is amended to read as follows:
         (a)  Until the [later of January 1, 2007, or the] date on
  which an electric utility subject to this subchapter is authorized
  by the commission to implement customer choice, the rates of the
  utility shall be regulated under traditional cost of service
  regulation and the utility is subject to all applicable regulatory
  authority prescribed by this subtitle and Subtitle A, including
  Chapters 14, 32, 33, 36, and 37. Until the date on which an electric
  utility subject to this subchapter implements customer choice, the
  provisions of this chapter, other than this subchapter, Sections
  [Section] 39.904 and 39.905, and the provisions relating to the
  duty to obtain a permit from the Texas [Natural Resource
  Conservation] Commission on Environmental Quality for an electric
  generating facility and to reduce emissions from an electric
  generating facility, shall not apply to that utility. That portion
  of any commission order entered before September 1, 2001, to comply
  with this subchapter shall be null and void.
         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, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 1150 passed the Senate on
  April 4, 2011, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 1150 passed the House on
  May 13, 2011, by the following vote:  Yeas 143, Nays 1, one
  present not voting.
  Chief Clerk of the House