Bill Summary – FastDemocracy

      
		By: Schwertner, King
            S.B. No. 6
         
		    Kolkhorst
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the establishment of the Texas Energy Insurance Program 
         
            and other funding mechanisms to support the construction and 
         
            operation of electric generating facilities.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
            ARTICLE 1. TEXAS ENERGY INSURANCE PROGRAM
         
                   SECTION 1.01.  Section 11.003(16), Utilities Code, is 
         
            amended to read as follows:
         
                         (16)  "Rate" includes:
         
                               (A)  any compensation, tariff, charge, fare, 
         
            toll, rental, or classification that is directly or indirectly 
         
            demanded, observed, charged, or collected by a public utility or an 
         
            entity operating under Section 39.360 for a service, product, or 
         
            commodity described in the definition of utility in Section 31.002 
         
            or 51.002; and
         
                               (B)  a rule, practice, or contract affecting the 
         
            compensation, tariff, charge, fare, toll, rental, or 
         
            classification.
         
                   SECTION 1.02.  Section 31.002(6), Utilities Code, as amended 
         
            by Chapters 255 (H.B. 1572) and 389 (S.B. 1202), Acts of the 87th 
         
            Legislature, Regular Session, 2021, is reenacted and amended to 
         
            read as follows:
         
                         (6)  "Electric utility" means a person or river 
         
            authority that owns or operates for compensation in this state 
         
            equipment or facilities to produce, generate, transmit, 
         
            distribute, sell, or furnish electricity in this state. The term 
         
            includes a lessee, trustee, or receiver of an electric utility and a 
         
            recreational vehicle park owner who does not comply with Subchapter 
         
            C, Chapter 184, with regard to the metered sale of electricity at 
         
            the recreational vehicle park. The term does not include:
         
                               (A)  a municipal corporation;
         
                               (B)  a qualifying facility;
         
                               (C)  a power generation company;
         
                               (D)  an exempt wholesale generator;
         
                               (E)  a power marketer;
         
                               (F)  a corporation described by Section 32.053 to 
         
            the extent the corporation sells electricity exclusively at 
         
            wholesale and not to the ultimate consumer;
         
                               (G)  an electric cooperative;
         
                               (H)  a retail electric provider;
         
                               (I)  this state or an agency of this state; [or]
         
                               (J)  an entity operating under Section 39.360; or
         
                               (K)  a person not otherwise an electric utility 
         
            who:
         
                                     (i)  furnishes an electric service or 
         
            commodity only to itself, its employees, or its tenants as an 
         
            incident of employment or tenancy, if that service or commodity is 
         
            not resold to or used by others;
         
                                     (ii)  owns or operates in this state 
         
            equipment or facilities to produce, generate, transmit, 
         
            distribute, sell, or furnish electric energy to an electric 
         
            utility, if the equipment or facilities are used primarily to 
         
            produce and generate electric energy for consumption by that 
         
            person;
         
                                     (iii)  owns or operates in this state a 
         
            recreational vehicle park that provides metered electric service in 
         
            accordance with Subchapter C, Chapter 184; [or]
         
                                     (iv)  owns or operates equipment used solely 
         
            to provide electricity charging service for consumption by an 
         
            alternatively fueled vehicle, as defined by Section 502.004, 
         
            Transportation Code; or
         
                                     (v)  [(iv)] is an electric generation 
         
            equipment lessor or operator.
         
                   SECTION 1.03.  Section 31.002, Utilities Code, is amended by 
         
            amending Subdivisions (10), (15), (19), and (20) and adding 
         
            Subdivisions (15-a) and (18-a) to read as follows:
         
                         (10)  "Power generation company":
         
                               (A)  means a person, including a person who owns 
         
            or operates a distributed natural gas generation facility, that:
         
               
Statutes affected: 
Introduced: Utilities Code 11.003, Utilities Code 31.002, Utilities Code 33.001, Utilities Code 33.008, Utilities Code 35.004, Utilities Code 35.005, Utilities Code 36.001, Utilities Code 39.154, Utilities Code 39.155, Subchapter H, Chapter , Utilities Code 39.151 (Utilities Code 33, Utilities Code 36, Utilities Code 39, Utilities Code 11, Utilities Code 31, Subchapter H, Chapter , Utilities Code 39, Utilities Code 35)
Senate Committee Report: Utilities Code 11.003, Utilities Code 31.002, Utilities Code 39.360, Utilities Code 33.008, Utilities Code 35.004, Utilities Code 38.079, Utilities Code 36.001, Utilities Code 39.154, Utilities Code 39.155, Subchapter H, Chapter , Utilities Code 39.151, Health and Safety Code 382.05155 (Utilities Code 33, Utilities Code 36, Utilities Code 39, Health and Safety Code 382, Utilities Code 11, Utilities Code 38, Utilities Code 31, Subchapter H, Chapter , Utilities Code 39, Utilities Code 35)
Engrossed: Utilities Code 11.003, Utilities Code 31.002, Utilities Code 39.360, Utilities Code 33.008, Utilities Code 35.004, Utilities Code 38.079, Utilities Code 36.001, Utilities Code 39.154, Utilities Code 39.155, Subchapter H, Chapter , Utilities Code 39.151, Health and Safety Code 382.05155 (Utilities Code 33, Utilities Code 36, Utilities Code 39, Health and Safety Code 382, Utilities Code 11, Utilities Code 38, Utilities Code 31, Subchapter H, Chapter , Utilities Code 39, Utilities Code 35)


	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of the Texas Energy Insurance Program
	and other funding mechanisms to support the construction and
	operation of electric generating facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. TEXAS ENERGY INSURANCE PROGRAM
	SECTION 1.01. Section 11.003(16), Utilities Code, is
	amended to read as follows:
	(16) "Rate" includes:
	(A) any compensation, tariff, charge, fare,
	toll, rental, or classification that is directly or indirectly
	demanded, observed, charged, or collected by a public utility or an
	entity operating under Section 39.360 for a service, product, or
	commodity described in the definition of utility in Section 31.002
	or 51.002; and
	(B) a rule, practice, or contract affecting the
	compensation, tariff, charge, fare, toll, rental, or
	classification.
	SECTION 1.02. Section 31.002(6), Utilities Code, as amended
	by Chapters 255 (H.B. 1572) and 389 (S.B. 1202), Acts of the 87th
	Legislature, Regular Session, 2021, is reenacted and amended to
	read as follows:
	(6) "Electric utility" means a person or river
	authority that owns or operates for compensation in this state
	equipment or facilities to produce, generate, transmit,
	distribute, sell, or furnish electricity in this state. The term
	includes a lessee, trustee, or receiver of an electric utility and a
	recreational vehicle park owner who does not comply with Subchapter
	C, Chapter 184, with regard to the metered sale of electricity at
	the recreational vehicle park. The term does not include:
	(A) a municipal corporation;
	(B) a qualifying facility;
	(C) a power generation company;
	(D) an exempt wholesale generator;
	(E) a power marketer;
	(F) a corporation described by Section 32.053 to
	the extent the corporation sells electricity exclusively at
	wholesale and not to the ultimate consumer;
	(G) an electric cooperative;
	(H) a retail electric provider;
	(I) this state or an agency of this state; [or]
	(J) an entity operating under Section 39.360; or
	(K) a person not otherwise an electric utility
	who:
	(i) furnishes an electric service or
	commodity only to itself, its employees, or its tenants as an
	incident of employment or tenancy, if that service or commodity is
	not resold to or used by others;
	(ii) owns or operates in this state
	equipment or facilities to produce, generate, transmit,
	distribute, sell, or furnish electric energy to an electric
	utility, if the equipment or facilities are used primarily to
	produce and generate electric energy for consumption by that
	person;
	(iii) owns or operates in this state a
	recreational vehicle park that provides metered electric service in
	accordance with Subchapter C, Chapter 184; [or]
	(iv) owns or operates equipment used solely
	to provide electricity charging service for consumption by an
	alternatively fueled vehicle, as defined by Section 502.004,
	Transportation Code; or
	(v) [~~(iv)~~] is an electric generation
	equipment lessor or operator.
	SECTION 1.03. Section 31.002, Utilities Code, is amended by
	amending Subdivisions (10), (15), (19), and (20) and adding
	Subdivisions (15-a) and (18-a) to read as follows:
	(10) "Power generation company":
	(A) means a person, including a person who owns
	or operates a distributed natural gas generation facility, that:
	Statutes affected: Introduced: Utilities Code 11.003, Utilities Code 31.002, Utilities Code 33.001, Utilities Code 33.008, Utilities Code 35.004, Utilities Code 35.005, Utilities Code 36.001, Utilities Code 39.154, Utilities Code 39.155, Subchapter H, Chapter , Utilities Code 39.151 (Utilities Code 33, Utilities Code 36, Utilities Code 39, Utilities Code 11, Utilities Code 31, Subchapter H, Chapter , Utilities Code 39, Utilities Code 35) Senate Committee Report: Utilities Code 11.003, Utilities Code 31.002, Utilities Code 39.360, Utilities Code 33.008, Utilities Code 35.004, Utilities Code 38.079, Utilities Code 36.001, Utilities Code 39.154, Utilities Code 39.155, Subchapter H, Chapter , Utilities Code 39.151, Health and Safety Code 382.05155 (Utilities Code 33, Utilities Code 36, Utilities Code 39, Health and Safety Code 382, Utilities Code 11, Utilities Code 38, Utilities Code 31, Subchapter H, Chapter , Utilities Code 39, Utilities Code 35) Engrossed: Utilities Code 11.003, Utilities Code 31.002, Utilities Code 39.360, Utilities Code 33.008, Utilities Code 35.004, Utilities Code 38.079, Utilities Code 36.001, Utilities Code 39.154, Utilities Code 39.155, Subchapter H, Chapter , Utilities Code 39.151, Health and Safety Code 382.05155 (Utilities Code 33, Utilities Code 36, Utilities Code 39, Health and Safety Code 382, Utilities Code 11, Utilities Code 38, Utilities Code 31, Subchapter H, Chapter , Utilities Code 39, Utilities Code 35)