Legislative Blog
J.B. Williams, J.D.
8 bills that modify the Utilities Code
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I have worked my way through to the Transportation Code. The Utilities and Water Code will follow.
Blog Summary
HB 1597
HB 2073 - some modifications for fuel rate adjustments
SB 365
SB 1002 - encouraging private sector electric vehicle charging stations
SB 1094
SB 1699 - rules for demand response programs
SB 1929 - virtual currency mining registration
SB 2011
8 bills that modify the Utilities Code
Published: 2026-06-09
HB 1597 - 3 pages
A telecomm provider that files a tariff filing can consider it approved if the commission does not approve or deny or request additional information within 60 days. Request for additional information must be complied with in 15 days. The commission then has 30 days to consider it before it is automatically approved.
HB 2073 - 6 pages
Utilities rates are to be based upon actual cost to ensure providers are contemporaneously paid costs they incur. Under or over collected amounts are to be considered, and allocated among customers based on actual historic monthly usage. These amounts are to be refunded or collected within 90 days or if the adjustment would result in a total bill increase of 10% or more, then the party can be heard by the commission. The commission can have the under collected be recovered over longer than 90 days, if the cause is the result of extraordinary electric fuel and power costs that are unlikely to continue. A hearing is not required for adjusting the fuel factor, but if it does then the public interest may be considered.
SB 365 - 2 pages
When proposing a substation, notice must be provided to property adjacent to the substation location and property located directly across a highway, road, or street that is adjacent to the property.
SB 1002 - 15 pages
Texas is going to encourage private sector investment in electric vehicle charging stations, including fast charging. It requires ensuring transparency in pricing and recognizing changing market needs. I'm only confused because I don't understand why Texas would need to encourage it. It is either wanted by the public and will be provided, or isn't wanted substantially by the public and won't be provided. Let the market decide. I am certain some areas would have more than others because the demand in some areas will be greater.
Direct current fast charging delivers at least 50 kw to an electric vehicle's rechargeable battery at a voltage of 200 volts or greater. Electric vehicle uses one or more electric motors stored in a rechargeable battery. An electric vehicle charging providers is the owner/operator of a public electric vehicle charging station. Electric vehicle charging service is sales made from a public electric vehicle charging station to the public. Level Two charging delivers at least 3 but less than 19.2 kw to an electric vehicle's rechargeable battery at a voltage of at least 208 volts on a minimum of a 40 amp circuit.
An affiliate of an electric utility that provides electric vehicle charging is subject to the same tariffs that apply to other entities. An electric provider must have the commissions permission to provide charging directly to the public and the rates are controlled by the commission.
SB 1094 - 2 pages
An electric utility provider can purchase power from another if approved by the commission and the term of agreement is 3 years or more.
SB 1699 - 6 pages
Utility customers can participate in demand response programs with electric providers that offer them. Palo Verde Nuclear power station customers are all on a demand response program. Rates are higher during higher demand times because the additional power is provided by utilities that are not nuclear. I think it's a wonderful system to encourage people to attempt to lessen usage when they can. I know my father ran his pool pump during the late night hours when power rates were their lowest. I'd lived with varying rates so much that I was confused when I moved to Texas to find a flat all day rate.
Customers are also entitled to notice when independent organizations that are certified with ERCOT have issues - the emergency energy alert.
The commission can establish rules for residential load reduction. They need to be capable of responding to emergency energy alerts for lower operating reserves; promotes smart metering; provides opportunities for demand response providers; ensures the program does not impact critical needs of vulnerable population; facilitates widespread deployment of smart responsive appliances; provides achievement of demand reductions in summer and winter; and allows providers to offer demand response program.
I'm not interested in smart responsive appliances. I have no issue with requests to avoid using items during high-demand periods. However, permitting the power company to set my thermostat, move my refrigerator to lower power usage, preventing a washer/dryer/dishwasher from running is not something I am interested in. I already run my washer and dishwasher during lower peak usage - either on the downward trend to lowest point or just as it start going up. My dryer also gets run during that time but I try to run it only once every 2-3 months. And our thermostat is set higher in the summer and lower in the winter than what ERCOT is ever requesting. I have no intention in battling a system to use an appliance I purchased and paid for. As long as it is a choice then fine. But setting variable rates might help encourage that style of usage.
SB 1929 - 3 pages
A virtual currency mining facility that is using retail electric service must register the facility as a large flexible load if they require a total load of more than 75 megawatts and load is interruptible. The commission shall set rules for determining interruptible.
SB 2011 - 3 pages
More placement of voluntary mitigation plans into the code. And providing that penalties can be assessed.
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