HBA-TYH H.B. 2899 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2899 By: Counts State Affairs 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, legislation is being considered in both the House and the Senate that would change the regulated environment in which utility companies operate. If such a bill passes, the functions of the Public Utility Commission (commission) will be redefined by the bill. However, the commission has already shown an inclination to impose restructuring by rule, including allowing utilities to collect "stranded costs" in anticipation of electric restructuring. H.B. 2899 prohibits the commission from restructuring the electric utility industry by rule and allowing multiple certification by rule. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 35, Utilities Code, by adding Section 35.0082, as follows: Sec. 35.0082. RETAIL WHEELING PROHIBITED. Prohibits the Public Utility Commission of Texas (commission), by order, rule, regulation or otherwise, from requiring an electric utility to transmit electricity for another entity, including another electric utility, to an end-use customer, regardless of whether the utility will be paid for the use of its distribution facilities. Prohibits the commission, by order, rule, regulation or otherwise, from requiring an electric utility to perform the enumerated actions. SECTION 2. Amends Subchapter B, Chapter 37, Utilities Code, by adding Section 37.060, as follows: Sec. 37.060. MULTIPLE CERTIFICATION. Prohibits the commission, unless the affected retail electric utility agrees in writing, from granting a retail electric utility certificate to serve an area if the effect of the grant would cause the area to be multiply certificated. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.