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Texas Governor Signs Bill Subjecting Electricity Brokers To Registration, Regulation By PUC

Statement Of Legislative Intent: No Fees For Registration, Only "Most Basic" Registration To Be Required At PUC

June 15, 2019

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Copyright 2010-19
Reporting by Paul Ring •

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Texas Gov. Greg Abbott has signed SB 1497, which subjects electricity brokers to a registration requirement and regulation by the Public Utility Commission of Texas

As previously reported, the passed version of the bill, in defining broker, deleted earlier language defining brokerage services as, "selling or attempting to sell a product or service offered by a retail electric provider to a retail electric customer." REPs had raised concern that this prior language would have required REP agents who act solely on behalf of a REP, and for whom the REP is legally responsible, to register as brokers

The adopted SB 1497 provides that, "A person may not provide brokerage services, including brokerage services offered online, in this state for compensation or other consideration unless the person is registered with the commission as a broker."

The adopted SB 1497 defines "brokerage services" to mean, "providing advice or procurement services to, or acting on behalf of, a retail electric customer regarding the selection of a retail electric provider, or a product or service offered by a retail electric provider."

The adopted SB 1497 provides that a broker may not sell or take title to electric energy.

Under the adopted SB 1497, a retail electric provider may not knowingly provide bids or offers to a person who: (1) provides brokerage services in this state for compensation or other consideration; and (2) has not registered as a broker with the commission.

The adopted SB 1497 provides that a broker, "shall comply with customer protection provisions, disclosure requirements, and marketing guidelines established by the commission and by this chapter [Chapter 35] and Chapter 17 [of PURA]."

The adopted SB 1497 provides that the PUCT shall adopt rules as necessary to implement the bill.

The adopted SB 1497 provides that the PUCT shall process a person's application for registration as a broker not later than the 60th day after the date the person files the application.

Under the adopted SB 1497, a retail electric provider may not register as a broker.

The bill is effective September 1, 2019

As exclusively reported by, during House passage, a statement of intent was recorded in the House Journal concerning implementation of the bill and registration requirement

Asked about the bill, the bill's sponsor, Rep. Tan Parker, said implementation of broker registration, "needs to be limited in its purpose."

Discussing the authority granted to the PUC for the purpose of broker registration, Parker stated, "We want them to be very strict in terms of just making certain that they’re only talking about contact information, the most basic information about the entity. We want them to be able to use their authority very sparingly. I want this to be extraordinarily limited."

Parker further explained the intent during an exchange with Rep. Jim Murphy, in which, among other things, Parker stated that there is no fee associated with the broker registration:

MURPHY: "And so the information you're asking them to provide is really contact information and then the type of business entity under which they operate."

PARKER: "That is absolutely correct -- just very simple information so that we can protect all the wonderful brokers that are out there that are keeping our electric, if you will, system and economy healthy, if you will, here in Texas."


MURPHY: "But importantly, this does not authorize any fee or new fees at the PUC, and it's not your intention to create that kind of structure."

PARKER: "Representative Murphy, 100 percent. There is no fee at all associated with this. That needs to always be the way it is going forward. I intend to personally shepherd this process and make certain the PUC keeps it very simple to just filling out a basic form with the most basic of information. Again, we want brokers that are doing a wonderful job for Texas to continue to do so and to not have any of their secret sauce, so to speak, with regard to how they operate their business to become public."

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