Sec. 36.009.  BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS.  Notwithstanding any other provision of this code, the commission by rule shall require a transmission and distribution utility to:
(1)  waive the application of demand ratchet provisions for each nonresidential secondary service customer that has a maximum load factor equal to or below a factor set by commission rule;
(2)  implement procedures to verify annually whether each nonresidential secondary service customer has a maximum load factor that qualifies the customer for the waiver described by Subdivision (1);
(3)  specify in the utility's tariff whether the utility's nonresidential secondary service customers that qualify for the waiver described by Subdivision (1) are to be billed for distribution service charges on the basis of:
(A)  kilowatts;
(B)  kilowatt-hours; or
(C)  kilovolt-amperes; and
(4)  modify the utility's tariff in the utility's next base rate case to implement the waiver described by Subdivision (1) and make the specification required by Subdivision (3).
Added by Acts 2011, 82nd Leg., R.S., Ch. 150 (H.B. 1064), Sec. 1, eff. May 28, 2011.