On March 15th, the Senate met to refer and quickly return SB 2142 for final passage. The bill passed with 27 ayes, 3 nays, and 1 absent before moving over to the House for further consideration.
House Speaker Dade Phelan released a statement via social media on March 16th concerning the possibility of repricing and reform efforts ongoing in the House. Later that day, Gov. Greg Abbott “asked for and accepted the resignation of PUC Commissioner Arthur D’Andrea” and noted that he would name a replacement in the coming days.
On March 17th, AG Ken Paxton responded to a previous request from Lt. Gov. Dan Patrick on whether the PUC has legal authority to issue orders affecting pricing. In his response, AG Paxton acknowledged issues with the PUC taking action, but ultimately noted courts are likely to conclude that corrective action by the PUC “does not raise constitutional concerns.”
House State Affairs met on March 18th to consider a series of energy market and ERCOT reform bills. The committee voted out 6 of the 7 reform bills, leaving the last pending for further discussion. That same day, Lt. Gov. Dan Patrick held a press conference highlighting Senate passage of SB 2142 and asked Gov. Abbott to order repricing or announce that the prices were under investigation to preserve the ability to act if needed.
Discussions are expected to continue among state leadership and in the House and Senate.