83R6615 DDT-D
By: Turner of Harris H.B. No. 1963
A BILL TO BE ENTITLED
AN ACT
relating to the election of a commissioner of the Public Utility
Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.051, Utilities Code, is amended to
read as follows:
Sec. 12.051. ELECTION [APPOINTMENT]; TERM. [(a)] The
commission is composed of one commissioner elected by the qualified
voters for statewide offices and propositions at the general
election for state and county officers. The commissioner serves a
two-year term [three commissioners appointed by the governor with
the advice and consent of the senate].
[(b) An appointment to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
[(c) Commissioners serve staggered, six-year terms.]
SECTION 2. Section 12.052, Utilities Code, is amended to
read as follows:
Sec. 12.052. DEPUTY COMMISSIONER [PRESIDING OFFICER]. (a)
The commissioner shall appoint a deputy commissioner. In order to
serve as deputy commissioner, a person must be eligible under
Section 12.053. The deputy commissioner shall take the oath of
office required of the commissioner [governor shall designate a
commissioner as the presiding officer].
(b) The deputy commissioner [presiding officer] serves in
that capacity at the will [pleasure] of the commissioner
[governor].
(c) The deputy commissioner shall perform duties as
assigned by the commissioner. In addition, the deputy commissioner
shall perform the duties assigned by law to the commissioner during
a necessary and unavoidable absence of the commissioner or during
the commissioner's inability to act.
(d) When the deputy commissioner is required by law to
perform the duties assigned by law to the commissioner, the deputy
commissioner has all rights, privileges, and responsibilities of
the commissioner.
(e) The state shall pay the expenses incurred by the deputy
commissioner while traveling on the business of the office under
the direction of the commissioner.
SECTION 3. Section 12.053, Utilities Code, is amended to
read as follows:
Sec. 12.053. [MEMBERSHIP] QUALIFICATIONS OF OFFICE. (a)
To be eligible for election to the office of commissioner or
appointment to the office of deputy[, a] commissioner, a person
must be:
(1) a qualified voter; and
(2) a citizen of the United States[; and
[(3) a representative of the general public].
(b) A person is not eligible for election to the office of
commissioner or appointment to the office of deputy [as a]
commissioner if the person:
(1) at any time during the two years preceding the date
of the person's election or the date of the person's appointment:
(A) personally served as an officer, director,
owner, employee, partner, or legal representative of a public
utility, affiliate, or direct competitor of a public utility; or
(B) owned or controlled, directly or indirectly,
stocks or bonds of any class with a value of $10,000 or more in a
public utility, affiliate, or direct competitor of a public
utility; or
(2) is not qualified to serve under Section 12.151,
12.152, or 12.153.
SECTION 4. Section 12.054, Utilities Code, is amended to
read as follows:
Sec. 12.054. REMOVAL OF COMMISSIONER OR DEPUTY
COMMISSIONER. (a) It is a ground for removal from the office of
commissioner or deputy commissioner [the commission] if a person
[commissioner]:
(1) does not have at the time of election or
appointment or does not maintain during service in the office [on
the commission] the qualifications required by Section 12.053;
(2) violates a prohibition provided by Section 12.053
or by Subchapter D; or
(3) cannot discharge the [commissioner's] duties of
office for a substantial part of the term for which the person
[commissioner] is elected or appointed because of illness or
disability[; or
[(4) is absent from more than half of the regularly
scheduled commission meetings that the commissioner is eligible to
attend during a calendar year unless the absence is excused by
majority vote of the commission].
(b) The validity of an action of the commissioner or deputy
commissioner [commission] is not affected by the fact that the
action is taken when a ground for removal of the commissioner or
deputy [a] commissioner exists.
(c) If the executive director has knowledge that a potential
ground for removal of the deputy commissioner exists, the executive
director shall notify the commissioner [presiding officer of the
commission] of the potential ground. [The presiding officer shall
then notify the governor and the attorney general that a potential
ground for removal exists.] If the executive director has
knowledge that a potential ground for removal of the commissioner
exists [involves the presiding officer], the executive director
shall notify the deputy commissioner [next highest officer of the
commission], who shall notify the governor and the attorney general
that a potential ground for removal exists.
SECTION 5. Section 12.055, Utilities Code, is amended to
read as follows:
Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A
person may not seek nomination or election to another civil office
of this state or of the United States while serving as [a]
commissioner. If the [a] commissioner files for nomination or
election to another civil office of this state or of the United
States, the [person's] office of [as] commissioner immediately
becomes vacant[, and the governor shall appoint a successor].
SECTION 6. Section 12.056, Utilities Code, is amended to
read as follows:
Sec. 12.056. EFFECT OF VACANCY. If the office of
commissioner becomes vacant, the deputy commissioner shall:
(1) perform the duties assigned by law to the
commissioner for the remainder of the commissioner's term; and
(2) appoint a person who is eligible under Section
12.053 to the office of deputy commissioner. [A vacancy or
disqualification does not prevent the remaining commissioner or
commissioners from exercising the powers of the commission.]
SECTION 7. Section 12.057, Utilities Code, is amended to
read as follows:
Sec. 12.057. COMPENSATION. The annual salary of the
commissioner and the deputy commissioner [the commissioners] is
determined by the legislature.
SECTION 8. Section 12.059, Utilities Code, is amended to
read as follows:
Sec. 12.059. TRAINING PROGRAM [FOR COMMISSIONERS]. (a)
Before the [a] commissioner or deputy commissioner may assume the
[commissioner's] duties of office [and before the commissioner may
be confirmed by the senate], the commissioner or deputy
commissioner must complete at least one course of the training
program established under this section.
(b) A training program established under this section must
[shall] provide information to the commissioner or deputy
commissioner regarding:
(1) the enabling legislation that created the
commission and the offices of commissioner and deputy commissioner
[its policymaking body to which the commissioner is appointed to
serve];
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of Chapters 551, 552, and 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person who is elected to the office of commissioner or
appointed to the office of deputy commissioner [commission] is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for the office.
SECTION 9. Section 12.101, Utilities Code, is amended to
read as follows:
Sec. 12.101. COMMISSION EMPLOYEES. The commission shall
employ:
(1) an executive director; and
(2) officers and other employees the commissioner
[commission] considers necessary to administer this title.
SECTION 10. Section 12.102, Utilities Code, is amended to
read as follows:
Sec. 12.102. DUTIES OF EMPLOYEES. The commissioner
[commission] shall develop and implement policies that clearly
separate the policymaking responsibilities of the commissioner
[commission] and the management responsibilities of the commission
employees.
SECTION 11. Section 12.151, Utilities Code, is amended to
read as follows:
Sec. 12.151. REGISTERED LOBBYIST. A person required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the commission may not serve
as the commissioner or deputy [a] commissioner.
SECTION 12. Section 12.152, Utilities Code, is amended to
read as follows:
Sec. 12.152. CONFLICT OF INTEREST. (a) A person is not
eligible for election to the office of commissioner, for
appointment to the office of deputy [as a] commissioner, or for
employment in the position of executive director of the commission
if:
(1) the person serves on the board of directors of a
company that supplies fuel, utility-related services, or
utility-related products to regulated or unregulated electric or
telecommunications utilities; or
(2) the person or the person's spouse:
(A) is employed by or participates in the
management of a business entity or other organization that is
regulated by or receives funds from the commission;
(B) directly or indirectly owns or controls more
than a 10 percent interest or a pecuniary interest with a value
exceeding $10,000 in:
(i) a business entity or other organization
that is regulated by or receives funds from the commission; or
(ii) a utility competitor, utility
supplier, or other entity affected by a commission decision in a
manner other than by the setting of rates for that class of
customer;
(C) uses or receives a substantial amount of
tangible goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses; or
(D) notwithstanding Paragraph (B), has an
interest in a mutual fund or retirement fund in which more than 10
percent of the fund's holdings at the time of the person's election,
appointment, or employment is in a single utility, utility
competitor, or utility supplier in this state and the person does
not disclose this information to the governor, senate, commission,
or other entity, as appropriate.
(b) A person otherwise ineligible because of Subsection
(a)(2)(B) may be elected to the office of commissioner, appointed
to the office of deputy [commission and serve as a] commissioner, or
[may be] employed as executive director, and may serve in that
office or position, if the person:
(1) notifies the attorney general [and commission]
that the person is ineligible because of Subsection (a)(2)(B); and
(2) divests the person or the person's spouse of the
ownership or control:
(A) before beginning service or employment; or
(B) if the person is already serving or employed,
within a reasonable time.
SECTION 13. Section 12.154(f), Utilities Code, is amended
to read as follows:
(f) It is not a violation of this section if the [a]
commissioner or deputy commissioner [commission employee], on
becoming the owner of stocks, bonds, or another pecuniary interest
in a public utility, affiliate, or direct competitor of a public
utility otherwise than voluntarily, informs the [commission and
the] attorney general of the ownership and divests the ownership or
interest within a reasonable time. It is not a violation of this
section if a commission employee, on becoming the owner of stocks,
bonds, or another pecuniary interest in a public utility,
affiliate, or direct competitor of a public utility otherwise than
voluntarily, informs the commission and the attorney general of the
ownership and divests the ownership or interest within a reasonable
time.
SECTION 14. Section 12.155(b), Utilities Code, is amended
to read as follows:
(b) The prohibition of Subsection (a)(1) applies until the:
(1) second anniversary of the date the commissioner
ceases to serve as [a] commissioner; and
(2) first anniversary of the date the employee's
employment with the commission or State Office of Administrative
Hearings ceases.
SECTION 15. Section 12.156, Utilities Code, is amended to
read as follows:
Sec. 12.156. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to the commissioner [commissioners] and
commission employees as often as necessary information regarding
their:
(1) qualifications for office or employment under this
title; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers and employees.
SECTION 16. Section 14.053, Utilities Code, is amended to
read as follows:
Sec. 14.053. POWERS AND DUTIES OF STATE OFFICE OF
ADMINISTRATIVE HEARINGS. (a) The utility division of the State
Office of Administrative Hearings shall conduct each hearing in a
contested case that is not conducted by the commissioner [one or
more commissioners].
(b) The commissioner [commission] may delegate to the
utility division of the State Office of Administrative Hearings the
authority to make a final decision and to issue findings of fact,
conclusions of law, and other necessary orders in a proceeding in
which there is not a contested issue of fact or law.
(c) The commissioner [commission] by rule shall define the
procedures by which the commissioner [it] delegates final
decision-making authority under Subsection (b).
(d) For review purposes an administrative law judge's final
decision under Subsection (b) has the same effect as a final
decision of the commissioner [commission] unless the [a]
commissioner requests formal review of the decision.
SECTION 17. Section 52.092(c), Election Code, is amended to
read as follows:
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) railroad commissioner;
(8) public utility commissioner;
(9) chief justice, supreme court;
(10) [(9)] justice, supreme court;
(11) [(10)] presiding judge, court of criminal
appeals;
(12) [(11)] judge, court of criminal appeals.
SECTION 18. Section 504.401(d), Transportation Code, is
amended to read as follows:
(d) In this section, "state official" means:
(1) a member of the legislature;
(2) the governor;
(3) the lieutenant governor;
(4) a justice of the supreme court;
(5) a judge of the court of criminal appeals;
(6) the attorney general;
(7) the commissioner of the General Land Office;
(8) the comptroller;
(9) a member of the Railroad Commission of Texas;
(10) the commissioner of agriculture;
(11) the commissioner of the Public Utility Commission
of Texas;
(12) the secretary of state; or
(13) [(12)] a member of the State Board of Education.
SECTION 19. (a) The election for commissioner of the Public
Utility Commission of Texas, for a two-year term beginning on
January 1, 2015, shall be held on the date of the general election
for state and county officers for the year 2014.
(b) The change in law made by this Act applies only to a
commissioner who is elected after the effective date of this Act.
The commissioners serving on the effective date of this Act shall
continue to serve until a commissioner is elected under this Act.
The law in effect immediately before the effective date of this Act
is continued in effect for that purpose.
SECTION 20. This Act takes effect September 1, 2013.