Texas 2021 - 87th Regular

Texas House Bill HB2381 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Larson H.B. No. 2381
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of the Texas Energy and
7	7	Communications Commission to consolidate the functions of the
8	8	Public Utility Commission of Texas and the Railroad Commission of
9	9	Texas.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. RAILROAD COMMISSION OF TEXAS REESTABLISHED AS TEXAS
12	12	ENERGY AND COMMUNICATIONS COMMISSION
13	13	SECTION 1.01. The heading to Chapter 81, Natural Resources
14	14	Code, is amended to read as follows:
15	15	CHAPTER 81. TEXAS ENERGY AND COMMUNICATIONS [RAILROAD] COMMISSION
16	16	[OF TEXAS]
17	17	SECTION 1.02. Section 81.001, Natural Resources Code, is
18	18	amended to read as follows:
19	19	Sec. 81.001. DEFINITIONS. In this chapter:
20	20	(1) "Commission" means the Texas Energy and
21	21	Communications [Railroad] Commission [of Texas].
22	22	(2) "Commissioner" means any member of the Texas
23	23	Energy and Communications [Railroad] Commission [of Texas].
24	24	SECTION 1.03. Subchapter A, Chapter 81, Natural Resources
25	25	Code, is amended by adding Section 81.003 to read as follows:
26	26	Sec. 81.003. TEXAS ENERGY AND COMMUNICATIONS COMMISSION.
27	27	(a) The Railroad Commission of Texas is reestablished as the Texas
28	28	Energy and Communications Commission.
29	29	(b) A reference in law to the Railroad Commission of Texas
30	30	means the Texas Energy and Communications Commission.
31	31	SECTION 1.04. (a) On January 1, 2022:
32	32	(1) the name of the Railroad Commission of Texas is
33	33	changed to the Texas Energy and Communications Commission, and all
34	34	powers, duties, rights, and obligations of the Railroad Commission
35	35	of Texas are the powers, duties, rights, and obligations of the
36	36	Texas Energy and Communications Commission;
37	37	(2) a member of the Railroad Commission of Texas is a
38	38	member of the Texas Energy and Communications Commission; and
39	39	(3) any appropriation to the Railroad Commission of
40	40	Texas is an appropriation to the Texas Energy and Communications
41	41	Commission.
42	42	(b) On or after January 1, 2022, a reference in law to the
43	43	Railroad Commission of Texas means the Texas Energy and
44	44	Communications Commission.
45	45	(c) The Texas Energy and Communications Commission is the
46	46	successor to the Railroad Commission of Texas in all respects. All
47	47	personnel, equipment, data, documents, facilities, contracts,
48	48	items, other property, rules, decisions, and proceedings of or
49	49	involving the Railroad Commission of Texas are unaffected by the
50	50	change in the name of the agency.
51	51	SECTION 1.05. This article takes effect January 1, 2022.
52	52	ARTICLE 2. PUBLIC UTILITY COMMISSION OF TEXAS ABOLISHED; POWERS
53	53	AND DUTIES TRANSFERRED TO TEXAS ENERGY AND COMMUNICATIONS
54	54	COMMISSION
55	55	SECTION 2.01. (a) The powers, duties, obligations,
56	56	rights, contracts, records, employees, property, funds, and
57	57	appropriations of the Public Utility Commission of Texas are
58	58	transferred to the Texas Energy and Communications Commission on
59	59	September 1, 2022, as provided by this section.
60	60	(b) The Railroad Commission of Texas and the Texas Energy
61	61	and Communications Commission shall administer the transfer
62	62	described by Subsection (a) of this section. The Public Utility
63	63	Commission of Texas shall cooperate with and assist in the transfer
64	64	planning and administration.
65	65	(c) The Railroad Commission of Texas and the Texas Energy
66	66	and Communications Commission shall ensure that the transfer
67	67	described by Subsection (a) of this section does not adversely
68	68	affect a proceeding pending before the Public Utility Commission of
69	69	Texas or the rights of the parties to the proceeding.
70	70	(d) After the transfer has been completed, the Texas Energy
71	71	and Communications Commission shall prepare a written report
72	72	detailing the specifics of the transfer described by Subsection (a)
73	73	of this section and shall submit the report to the governor and the
74	74	legislature.
75	75	SECTION 2.02. On September 1, 2022:
76	76	(1) all powers, duties, functions, programs, and
77	77	activities of the Public Utility Commission of Texas are
78	78	transferred to the Texas Energy and Communications Commission;
79	79	(2) all obligations, rights, contracts, records, and
80	80	property in the custody of the Public Utility Commission of Texas
81	81	and all funds appropriated by the legislature to the Public Utility
82	82	Commission of Texas are transferred to the Texas Energy and
83	83	Communications Commission;
84	84	(3) all employees of the Public Utility Commission of
85	85	Texas become employees of the Texas Energy and Communications
86	86	Commission, to be assigned duties by the Texas Energy and
87	87	Communications Commission;
88	88	(4) the Public Utility Commission of Texas is
89	89	abolished; and
90	90	(5) a reference in law to the Public Utility
91	91	Commission of Texas means the Texas Energy and Communications
92	92	Commission.
93	93	SECTION 2.03. (a) On September 1, 2022, a rule, policy,
94	94	procedure, decision, or form adopted by the Public Utility
95	95	Commission of Texas that relates to the regulation of the electric
96	96	or telecommunications industries is a rule, policy, procedure,
97	97	decision, or form of the Texas Energy and Communications Commission
98	98	and remains in effect until altered by the Texas Energy and
99	99	Communications Commission. The secretary of state may adopt rules
100	100	as necessary to expedite the implementation of this subsection.
101	101	(b) On September 1, 2022, a rule, policy, procedure,
102	102	decision, or form of the Public Utility Commission of Texas that
103	103	relates to the management and daily operation of the Public Utility
104	104	Commission of Texas, to the extent of any conflict, is superseded by
105	105	the rules, policies, procedures, decisions, and forms of the Texas
106	106	Energy and Communications Commission relating to the management and
107	107	daily operation of the Texas Energy and Communications Commission.
108	108	SECTION 2.04. (a) The abolition of the Public Utility
109	109	Commission of Texas and the transfer of its powers, duties,
110	110	functions, programs, activities, obligations, rights, contracts,
111	111	records, property, funds, and employees to the Texas Energy and
112	112	Communications Commission does not affect or impair an act done,
113	113	any obligation, right, order, permit, certificate, rule,
114	114	criterion, standard, or requirement existing, any investigation
115	115	begun, or any penalty accrued under former law, and that law remains
116	116	in effect for any action concerning those matters.
117	117	(b) An action brought or proceeding commenced before the
118	118	effective date of a transfer prescribed by this Act, including a
119	119	contested case or a remand of an action or proceeding by a reviewing
120	120	court, is governed by the laws and rules applicable to the action or
121	121	proceeding before the transfer.
122	122	ARTICLE 3. CONFORMING AMENDMENTS
123	123	SECTION 3.01. Section 11.002(c), Utilities Code, is amended
124	124	to read as follows:
125	125	(c) Significant changes have occurred in the
126	126	telecommunications and electric power industries since the Public
127	127	Utility Regulatory Act was originally adopted. Changes in
128	128	technology and market structure have increased the need for minimum
129	129	standards of service quality, customer service, and fair business
130	130	practices to ensure high-quality service to customers and a healthy
131	131	marketplace where competition is permitted by law. It is the
132	132	purpose of this title to grant the Texas Energy and Communications
133	133	[Public Utility] Commission [of Texas] authority to make and
134	134	enforce rules necessary to protect customers of telecommunications
135	135	and electric services consistent with the public interest.
136	136	SECTION 3.02. Sections 11.003(4) and (5), Utilities Code,
137	137	are amended to read as follows:
138	138	(4) "Commission" means the Texas Energy and
139	139	Communications [Public Utility] Commission [of Texas].
140	140	(5) "Commissioner" means a member of the Texas Energy
141	141	and Communications [Public Utility] Commission [of Texas].
142	142	SECTION 3.03. Section 12.001, Utilities Code, is amended to
143	143	read as follows:
144	144	Sec. 12.001. TEXAS ENERGY AND COMMUNICATIONS [PUBLIC
145	145	UTILITY] COMMISSION [OF TEXAS]. The Texas Energy and
146	146	Communications [Public Utility] Commission [of Texas] exercises
147	147	the jurisdiction and powers conferred by this title.
148	148	SECTION 3.04. Section 12.201, Utilities Code, is amended to
149	149	read as follows:
150	150	Sec. 12.201. PUBLIC INTEREST INFORMATION. (a) The
151	151	commission shall prepare information of public interest describing
152	152	the functions of the commission under this title and the
153	153	commission's procedures by which a complaint concerning a matter
154	154	subject to this title is filed with and resolved by the commission.
155	155	The commission shall make the information available to the public
156	156	and appropriate state agencies.
157	157	(b) The commission by rule shall establish methods by which
158	158	consumers and service recipients are notified of the name, mailing
159	159	address, and telephone number of the commission for the purpose of
160	160	directing [complaints] to the commission complaints concerning a
161	161	matter subject to this title.
162	162	SECTION 3.05. Sections 12.202(a) and (c), Utilities Code,
163	163	are amended to read as follows:
164	164	(a) The commission shall develop and implement policies
165	165	that provide the public with a reasonable opportunity to appear
166	166	before the commission and to speak on any issue under the
167	167	jurisdiction of the commission under this title.
168	168	(c) The commission shall prepare and maintain a written plan
169	169	that describes how a person who does not speak English may be
170	170	provided reasonable access to the commission's programs and
171	171	services under this title.
172	172	SECTION 3.06. Section 12.203(a), Utilities Code, is amended
173	173	to read as follows:
174	174	(a) The commission shall prepare annually a complete and
175	175	detailed written report accounting for all funds received and
176	176	disbursed by the commission under this title during the preceding
177	177	fiscal year. The annual report must meet the reporting
178	178	requirements applicable to financial reporting in the General
179	179	Appropriations Act.
180	180	SECTION 3.07. Section 12.204, Utilities Code, is amended to
181	181	read as follows:
182	182	Sec. 12.204. INTERNET FOR HEARINGS AND MEETINGS. The
183	183	commission shall make publicly accessible without charge live
184	184	Internet video of all public hearings and meetings the commission
185	185	holds under this title for viewing from the Internet website found
186	186	at http://www.puc.state.tx.us. The commission may recover the
187	187	costs of administering this section by imposing an assessment
188	188	against a:
189	189	(1) public utility;
190	190	(2) corporation described by Section 32.053;
191	191	(3) retail electric provider that serves more than
192	192	250,000 customers; or
193	193	(4) power generation company that owns more than 5,000
194	194	megawatts of installed capacity in this state.
195	195	SECTION 3.08. Section 14.002, Utilities Code, is amended to
196	196	read as follows:
197	197	Sec. 14.002. RULES. The commission shall adopt and enforce
198	198	rules reasonably required in the exercise of its powers and
199	199	jurisdiction under this title.
200	200	SECTION 3.09. Sections 14.0025(a) and (b), Utilities Code,
201	201	are amended to read as follows:
202	202	(a) The commission shall develop and implement a policy to
203	203	encourage the use of:
204	204	(1) negotiated rulemaking procedures under Chapter
205	205	2008, Government Code, for the adoption of commission rules under
206	206	this title; and
207	207	(2) appropriate alternative dispute resolution
208	208	procedures under Chapter 2009, Government Code, to assist in the
209	209	resolution of internal and external disputes under the commission's
210	210	jurisdiction under this title.
211	211	(b) The commission's procedures relating to alternative
212	212	dispute resolution under this title must conform, to the extent
213	213	possible, to any model guidelines issued by the State Office of
214	214	Administrative Hearings for the use of alternative dispute
215	215	resolution by state agencies.
216	216	SECTION 3.10. Section 14.006, Utilities Code, is amended to
217	217	read as follows:
218	218	Sec. 14.006. INTERFERENCE WITH TERMS OR CONDITIONS OF
219	219	EMPLOYMENT; PRESUMPTION OF REASONABLENESS. In exercising its
220	220	jurisdiction under this title, the [The] commission may not
221	221	interfere with employee wages and benefits, working conditions, or
222	222	other terms or conditions of employment that are the product of a
223	223	collective bargaining agreement recognized under federal law. An
224	224	employee wage rate or benefit that is the product of the collective
225	225	bargaining is presumed to be reasonable.
226	226	SECTION 3.11. Section 14.007, Utilities Code, is amended to
227	227	read as follows:
228	228	Sec. 14.007. ASSISTANCE TO MUNICIPALITY. On request by the
229	229	governing body of a municipality, the commission may provide
230	230	commission employees as necessary to advise and consult with the
231	231	municipality on a [pending] matter pending under this title.
232	232	SECTION 3.12. Section 14.051, Utilities Code, is amended to
233	233	read as follows:
234	234	Sec. 14.051. PROCEDURAL POWERS. In exercising its
235	235	jurisdiction under this title, the [The] commission may:
236	236	(1) call and hold a hearing;
237	237	(2) administer an oath;
238	238	(3) receive evidence at a hearing;
239	239	(4) issue a subpoena to compel the attendance of a
240	240	witness or the production of a document; and
241	241	(5) make findings of fact and decisions to administer
242	242	this title or a rule, order, or other action of the commission.
243	243	SECTION 3.13. Sections 14.052(a) and (b), Utilities Code,
244	244	are amended to read as follows:
245	245	(a) The commission shall adopt and enforce rules governing
246	246	practice and procedure before the commission under this title and,
247	247	as applicable, practice and procedure before the utility division
248	248	of the State Office of Administrative Hearings under this title.
249	249	(b) The commission shall adopt rules that authorize an
250	250	administrative law judge acting under this title to:
251	251	(1) limit the amount of time that a party may have to
252	252	present its case;
253	253	(2) limit the number of requests for information that
254	254	a party may make in a contested case;
255	255	(3) require a party to a contested case to identify
256	256	contested issues and facts before the hearing begins;
257	257	(4) limit cross-examination to only those issues and
258	258	facts identified before the hearing and to any new issues that may
259	259	arise as a result of the discovery process; and
260	260	(5) group parties, other than the office, that have
261	261	the same position on an issue to facilitate cross-examination on
262	262	that issue.
263	263	SECTION 3.14. Sections 14.053(a) and (b), Utilities Code,
264	264	are amended to read as follows:
265	265	(a) The utility division of the State Office of
266	266	Administrative Hearings shall conduct each hearing in a contested
267	267	case under this title that is not conducted by one or more
268	268	commissioners.
269	269	(b) The commission may delegate to the utility division of
270	270	the State Office of Administrative Hearings the authority to make a
271	271	final decision and to issue findings of fact, conclusions of law,
272	272	and other necessary orders in a proceeding under this title in which
273	273	there is not a contested issue of fact or law.
274	274	SECTION 3.15. Section 14.054(a), Utilities Code, is amended
275	275	to read as follows:
276	276	(a) The commission by rule shall adopt procedures governing
277	277	the use of settlements to resolve contested cases under this title.
278	278	SECTION 3.16. Sections 14.057(a) and (b), Utilities Code,
279	279	are amended to read as follows:
280	280	(a) A commission order under this title must be in writing
281	281	and contain detailed findings of the facts on which it is passed.
282	282	(b) The commission shall retain a copy of the transcript and
283	283	the exhibits in any matter in which the commission issues an order
284	284	under this title.
285	285	SECTION 3.17. Section 15.001, Utilities Code, is amended to
286	286	read as follows:
287	287	Sec. 15.001. RIGHT TO JUDICIAL REVIEW. Any party to a
288	288	proceeding before the commission under this title is entitled to
289	289	judicial review under the substantial evidence rule.
290	290	SECTION 3.18. Section 15.002, Utilities Code, is amended to
291	291	read as follows:
292	292	Sec. 15.002. COMMISSION AS DEFENDANT. The commission must
293	293	be a defendant in a proceeding for judicial review under this title.
294	294	SECTION 3.19. Section 15.003(a), Utilities Code, is amended
295	295	to read as follows:
296	296	(a) A party represented by counsel who alleges that existing
297	297	rates are excessive or that rates prescribed by the commission are
298	298	excessive and who prevails in a proceeding for review of a
299	299	commission order or decision under this title is entitled in the
300	300	same action to recover against the regulation fund reasonable fees
301	301	for attorneys and expert witnesses and other costs for the party's
302	302	efforts before the commission and the court.
303	303	SECTION 3.20. Section 15.004, Utilities Code, is amended to
304	304	read as follows:
305	305	Sec. 15.004. JUDICIAL STAY OR SUSPENSION. While an appeal
306	306	of an order, ruling, or decision of a regulatory authority under
307	307	this title is pending, the district court, court of appeals, or
308	308	supreme court, as appropriate, may stay or suspend all or part of
309	309	the operation of the order, ruling, or decision. In granting or
310	310	refusing a stay or suspension, the court shall act in accordance
311	311	with the practice of a court exercising equity jurisdiction.
312	312	SECTION 3.21. Section 15.022, Utilities Code, is amended to
313	313	read as follows:
314	314	Sec. 15.022. CONTEMPT. The commission may file a court
315	315	action for contempt against a person who:
316	316	(1) fails to comply with a lawful order of the
317	317	commission under this title;
318	318	(2) fails to comply with a subpoena or subpoena duces
319	319	tecum issued under this title; or
320	320	(3) refuses to testify about a matter that is subject
321	321	to the commission's jurisdiction under this title and on which the
322	322	person may be lawfully interrogated.
323	323	SECTION 3.22. Sections 15.024(a), (b), (d), (e), and (f),
324	324	Utilities Code, are amended to read as follows:
325	325	(a) If the commission [executive director] determines that
326	326	a violation of this title or a rule or order adopted under this
327	327	title has occurred, the commission [executive director] may issue
328	328	[to the commission] a report that states:
329	329	(1) the facts on which the determination is based;
330	330	(2) whether [and] the commission proposes to impose
331	331	[executive director's recommendation on the imposition of] an
332	332	administrative penalty; and
333	333	(3) if a penalty is proposed, [including a
334	334	recommendation on] the amount of the proposed penalty.
335	335	(b) Not later than the 14th day after the date the report is
336	336	issued, the commission [executive director] shall give written
337	337	notice of the report to the person against whom the penalty may be
338	338	imposed [assessed]. The notice may be given by certified mail. The
339	339	notice must:
340	340	(1) include a brief summary of the alleged violation;
341	341	(2) state the amount of the proposed [recommended]
342	342	penalty; and
343	343	(3) inform the person that the person has a right to a
344	344	hearing on the occurrence of the violation, the amount of the
345	345	penalty, or both the occurrence of the violation and the amount of
346	346	the penalty.
347	347	(d) Not later than the 20th day after the date the person
348	348	receives the notice, the person may accept the determination and
349	349	proposed [recommended] penalty of the commission [executive
350	350	director] in writing or may make a written request for a hearing on
351	351	the occurrence of the violation, the amount of the penalty, or both
352	352	the occurrence of the violation and the amount of the penalty.
353	353	(e) If the person accepts the commission's [executive
354	354	director's] determination and proposed [recommended] penalty, the
355	355	commission by order shall approve the determination and impose the
356	356	proposed [recommended] penalty.
357	357	(f) If the person requests a hearing or fails to timely
358	358	respond to the notice, the commission [executive director] shall
359	359	set a hearing and give notice of the hearing to the person. The
360	360	hearing shall be held by an administrative law judge of the State
361	361	Office of Administrative Hearings. The administrative law judge
362	362	shall make findings of fact and conclusions of law and promptly
363	363	issue to the commission a proposal for a decision about the
364	364	occurrence of the violation and the amount of a proposed penalty.
365	365	Based on the findings of fact, conclusions of law, and proposal for
366	366	a decision, the commission by order may find that a violation has
367	367	occurred and impose a penalty or may find that no violation
368	368	occurred.
369	369	SECTION 3.23. Section 15.025, Utilities Code, is amended to
370	370	read as follows:
371	371	Sec. 15.025. PAYMENT OF ADMINISTRATIVE PENALTY. (a) Not
372	372	later than the 30th day after the date the commission's order
373	373	imposing an administrative penalty under this subchapter is final
374	374	as provided by Section 2001.144, Government Code, the person shall:
375	375	(1) pay the amount of the penalty;
376	376	(2) pay the amount of the penalty and file a petition
377	377	for judicial review contesting:
378	378	(A) the occurrence of the violation;
379	379	(B) the amount of the penalty; or
380	380	(C) both the occurrence of the violation and the
381	381	amount of the penalty; or
382	382	(3) without paying the amount of the penalty, file a
383	383	petition for judicial review contesting:
384	384	(A) the occurrence of the violation;
385	385	(B) the amount of the penalty; or
386	386	(C) both the occurrence of the violation and the
387	387	amount of the penalty.
388	388	(b) Not later than the 30th day after the date the
389	389	commission's order is final as provided by Section 2001.144,
390	390	Government Code, a person who acts under Subsection (a)(3) may:
391	391	(1) stay enforcement of the penalty by:
392	392	(A) paying the amount of the penalty to the court
393	393	for placement in an escrow account; or
394	394	(B) giving to the court a supersedeas bond that
395	395	is approved by the court for the amount of the penalty and that is
396	396	effective until all judicial review of the commission's order is
397	397	final; or
398	398	(2) request the court to stay enforcement of the
399	399	penalty by:
400	400	(A) filing with the court a sworn affidavit of
401	401	the person stating that the person is financially unable to pay the
402	402	amount of the penalty and is financially unable to give the
403	403	supersedeas bond; and
404	404	(B) giving a copy of the affidavit to the
405	405	commission [executive director] by certified mail.
406	406	(c) The commission [executive director], on receipt of a
407	407	copy of an affidavit under Subsection (b)(2), may file with the
408	408	court, not later than the fifth day after the date the copy is
409	409	received, a contest to the affidavit. The court shall hold a
410	410	hearing on the facts alleged in the affidavit as soon as practicable
411	411	and shall stay the enforcement of the penalty on finding that the
412	412	alleged facts are true. The person who files an affidavit has the
413	413	burden of proving that the person is financially unable to pay the
414	414	amount of the penalty and to give a supersedeas bond.
415	415	(d) If the person does not pay the amount of the penalty and
416	416	the enforcement of the penalty is not stayed, the commission
417	417	[executive director] may refer the matter to the attorney general
418	418	for collection of the amount of the penalty.
419	419	SECTION 3.24. Section 15.026(a), Utilities Code, is amended
420	420	to read as follows:
421	421	(a) Judicial review of a commission order imposing an
422	422	administrative penalty under this subchapter is:
423	423	(1) instituted by filing a petition as provided by
424	424	Subchapter G, Chapter 2001, Government Code; and
425	425	(2) under the substantial evidence rule.
426	426	SECTION 3.25. Section 15.027(c), Utilities Code, is amended
427	427	to read as follows:
428	428	(c) The commission [executive director] may delegate any
429	429	power or duty relating to an administrative penalty given the
430	430	commission [executive director] by this subchapter to a person
431	431	designated by the commission [executive director].
432	432	SECTION 3.26. Sections 15.051(b) and (c), Utilities Code,
433	433	are amended to read as follows:
434	434	(b) The commission shall keep for a reasonable period
435	435	information about each complaint filed with the commission that the
436	436	commission has authority to resolve under this title. The
437	437	information shall include:
438	438	(1) the date the complaint is received;
439	439	(2) the name of the complainant;
440	440	(3) the subject matter of the complaint;
441	441	(4) a record of each person contacted in relation to
442	442	the complaint;
443	443	(5) a summary of the results of the review or
444	444	investigation of the complaint; and
445	445	(6) if the commission took no action on the complaint,
446	446	an explanation of the reason the complaint was closed without
447	447	action.
448	448	(c) The commission shall keep a file about each written
449	449	complaint filed with the commission that the commission has
450	450	authority to resolve under this title. The commission shall
451	451	provide to the person filing the complaint and to each person or
452	452	entity complained about information concerning the commission's
453	453	policies and procedures on complaint investigation and resolution.
454	454	The commission, at least quarterly and until final disposition of
455	455	the complaint, shall notify the person filing the complaint and
456	456	each person or entity complained about of the status of the
457	457	complaint unless the notice would jeopardize an undercover
458	458	investigation.
459	459	SECTION 3.27. Section 39.157(d), Utilities Code, is amended
460	460	to read as follows:
461	461	(d) Not later than January 10, 2000, the commission shall
462	462	adopt rules and enforcement procedures to govern transactions or
463	463	activities between a transmission and distribution utility and its
464	464	competitive affiliates to avoid potential market power abuses and
465	465	cross-subsidizations between regulated and competitive activities
466	466	both during the transition to and after the introduction of
467	467	competition. Nothing in this subsection is intended to affect or
468	468	modify the obligations or duties relating to any rules or standards
469	469	of conduct that may apply to a utility or the utility's affiliates
470	470	under orders or regulations of the Federal Energy Regulatory
471	471	Commission or the Securities and Exchange Commission. A utility
472	472	that is subject to statutes or regulations in other states that
473	473	conflict with a provision of this section may petition the
474	474	commission for a waiver of the conflicting provision on a showing of
475	475	good cause. The rules adopted under this section shall ensure that:
476	476	(1) a utility makes any products and services, other
477	477	than corporate support services, that it provides to a competitive
478	478	affiliate available, contemporaneously and in the same manner, to
479	479	the competitive affiliate's competitors and applies its tariffs,
480	480	prices, terms, conditions, and discounts for those products and
481	481	services in the same manner to all similarly situated entities;
482	482	(2) a utility does not:
483	483	(A) give a competitive affiliate or a competitive
484	484	affiliate's customers any preferential advantage, access, or
485	485	treatment regarding services other than corporate support
486	486	services; or
487	487	(B) act in a manner that is discriminatory or
488	488	anticompetitive with respect to a nonaffiliated competitor of a
489	489	competitive affiliate;
490	490	(3) a utility providing electric transmission or
491	491	distribution services:
492	492	(A) provides those services on nondiscriminatory
493	493	terms and conditions;
494	494	(B) does not establish as a condition for the
495	495	provision of those services the purchase of other goods or services
496	496	from the utility or the competitive affiliate; and
497	497	(C) does not provide competitive affiliates
498	498	preferential access to the utility's transmission and distribution
499	499	systems or to information about those systems;
500	500	(4) a utility does not release any proprietary
501	501	customer information to a competitive affiliate or any other
502	502	entity, other than an independent organization as defined by
503	503	Section 39.151 or a provider of corporate support services for the
504	504	purposes of providing the services, without obtaining prior
505	505	verifiable authorization, as determined from the commission, from
506	506	the customer;
507	507	(5) a utility does not:
508	508	(A) communicate with a current or potential
509	509	customer about products or services offered by a competitive
510	510	affiliate in a manner that favors a competitive affiliate; or
511	511	(B) allow a competitive affiliate, before
512	512	September 1, 2005, to use the utility's corporate name, trademark,
513	513	brand, or logo unless the competitive affiliate includes on
514	514	employee business cards and in its advertisements of specific
515	515	services to existing or potential residential or small commercial
516	516	customers located [locating] within the utility's certificated
517	517	service area a disclaimer that states, "(Name of competitive
518	518	affiliate) is not the same company as (name of utility) and is not
519	519	regulated by the Texas Energy and Communications [Public Utility]
520	520	Commission [of Texas], and you do not have to buy (name of
521	521	competitive affiliate)'s products to continue to receive quality
522	522	regulated services from (name of utility).";
523	523	(6) a utility does not conduct joint advertising or
524	524	promotional activities with a competitive affiliate in a manner
525	525	that favors the competitive affiliate;
526	526	(7) a utility is a separate, independent entity from
527	527	any competitive affiliates and, except as provided by Subdivisions
528	528	(8) and (9), does not share employees, facilities, information, or
529	529	other resources, other than permissible corporate support
530	530	services, with those competitive affiliates unless the utility can
531	531	prove to the commission that the sharing will not compromise the
532	532	public interest;
533	533	(8) a utility's office space is physically separated
534	534	from the office space of the utility's competitive affiliates by
535	535	being located in separate buildings or, if within the same
536	536	building, by a method such as having the offices on separate floors
537	537	or with separate access, unless otherwise approved by the
538	538	commission;
539	539	(9) a utility and a competitive affiliate:
540	540	(A) may, to the extent the utility implements
541	541	adequate safeguards precluding employees of a competitive
542	542	affiliate from gaining access to information in a manner
543	543	inconsistent with Subsection (g) or (i), share common officers and
544	544	directors, property, equipment, offices to the extent consistent
545	545	with Subdivision (8), credit, investment, or financing
546	546	arrangements to the extent consistent with Subdivision (17),
547	547	computer systems, information systems, and corporate support
548	548	services; and
549	549	(B) are not required to enter into prior written
550	550	contracts or competitive solicitations for non-tariffed
551	551	transactions between the utility and the competitive affiliate,
552	552	except that the commission by rule may require the utility and the
553	553	competitive affiliate to enter into prior written contracts or
554	554	competitive solicitations for certain classes of transactions,
555	555	other than corporate support services, that have a per unit value of
556	556	more than $75,000 or that total more than $1 million;
557	557	(10) a utility does not temporarily assign, for less
558	558	than one year, employees engaged in transmission or distribution
559	559	system operations to a competitive affiliate unless the employee
560	560	does not have knowledge of information that is intended to be
561	561	protected under this section;
562	562	(11) a utility does not subsidize the business
563	563	activities of an affiliate with revenues from a regulated service;
564	564	(12) a utility and its affiliates fully allocate costs
565	565	for any shared services, corporate support services, and other
566	566	items described by Subdivisions (8) and (9);
567	567	(13) a utility and its affiliates keep separate books
568	568	of accounts and records and the commission may review records
569	569	relating to a transaction between a utility and an affiliate;
570	570	(14) assets transferred or services provided between a
571	571	utility and an affiliate, other than transfers that facilitate
572	572	unbundling under Section 39.051 or asset valuation under Section
573	573	39.262, are priced at a level that is fair and reasonable to the
574	574	customers of the utility and reflects the market value of the assets
575	575	or services or the utility's fully allocated cost to provide those
576	576	assets or services;
577	577	(15) regulated services that a utility provides on a
578	578	routine or recurring basis are included in a tariff that is subject
579	579	to commission approval;
580	580	(16) each transaction between a utility and a
581	581	competitive affiliate is conducted at arm's length; and
582	582	(17) a utility does not allow an affiliate to obtain
583	583	credit under an arrangement that would include a specific pledge of
584	584	assets in the rate base of the utility or a pledge of cash
585	585	reasonably necessary for utility operations.
586	586	SECTION 3.28. Section 163.123, Utilities Code, is amended
587	587	to read as follows:
588	588	Sec. 163.123. AUTHORITY OF TEXAS ENERGY AND COMMUNICATIONS
589	589	[PUBLIC UTILITY] COMMISSION. A joint powers agency created under
590	590	this subchapter is:
591	591	(1) subject to all applicable provisions of Title 2;
592	592	and
593	593	(2) under the jurisdiction of the Texas Energy and
594	594	Communications [Public Utility] Commission [of Texas] as provided
595	595	by Title 2.
596	596	SECTION 3.29. Section 183.001(1), Utilities Code, is
597	597	amended to read as follows:
598	598	(1) "Commission" means the Texas Energy and
599	599	Communications [Public Utility] Commission [of Texas].
600	600	SECTION 3.30. Section 184.001, Utilities Code, is amended
601	601	to read as follows:
602	602	Sec. 184.001. DEFINITION. In this chapter, "commission"
603	603	means the Texas Energy and Communications [Public Utility]
604	604	Commission [of Texas].
605	605	SECTION 3.31. Section 185.001(1), Utilities Code, is
606	606	amended to read as follows:
607	607	(1) "Commission" means the Texas Energy and
608	608	Communications [Public Utility] Commission [of Texas].
609	609	SECTION 3.32. Section 22.003(d), Agriculture Code, is
610	610	amended to read as follows:
611	611	(d) The Texas Energy and Communications [Public Utility]
612	612	Commission [of Texas] and the Texas Commission on Environmental
613	613	Quality shall assist the department as necessary to enable the
614	614	department to determine whether a facility meets the requirements
615	615	of Subsection (b) for purposes of the eligibility of farmers,
616	616	loggers, diverters, and renewable biomass aggregators and bio-coal
617	617	fuel producers for grants under this chapter.
618	618	SECTION 3.33. Section 22.007, Agriculture Code, is amended
619	619	to read as follows:
620	620	Sec. 22.007. RULES. The commissioner, in consultation with
621	621	the Texas Energy and Communications [Public Utility] Commission [of
622	622	Texas] and the Texas Commission on Environmental Quality, shall
623	623	adopt rules to implement this chapter.
624	624	SECTION 3.34. Section 50D.011(a), Agriculture Code, is
625	625	amended to read as follows:
626	626	(a) The policy council is composed of the following 17 [18]
627	627	members:
628	628	(1) the commissioner, who serves as chair of the
629	629	policy council;
630	630	(2) one representative of the Texas Energy and
631	631	Communications [Railroad] Commission [of Texas] designated by the
632	632	commission;
633	633	(3) one representative of the Texas Commission on
634	634	Environmental Quality designated by the commission;
635	635	(4) [one representative of the Public Utility
636	636	Commission of Texas designated by the commission;
637	637	[(5)] one representative of the Texas Water
638	638	Development Board designated by the board;
639	639	(5) [(6)] the chancellor of The Texas A&M University
640	640	System, or the person designated by the chancellor;
641	641	(6) [(7)] the chancellor of the Texas Tech University
642	642	System, or the person designated by the chancellor;
643	643	(7) [(8)] the chancellor of The University of Texas
644	644	System, or the person designated by the chancellor;
645	645	(8) [(9)] one member of the senate appointed by the
646	646	lieutenant governor;
647	647	(9) [(10)] one member of the house of representatives
648	648	appointed by the speaker of the house of representatives; and
649	649	(10) [(11)] eight members appointed by the governor,
650	650	with each of the following industries or groups represented by one
651	651	member:
652	652	(A) research and development of feedstock and
653	653	feedstock production;
654	654	(B) retail distribution of energy;
655	655	(C) transportation of biomass feedstock;
656	656	(D) agricultural production for bioenergy
657	657	production or agricultural waste used for production of bioenergy;
658	658	(E) production of biodiesel from nonfood
659	659	feedstocks;
660	660	(F) production of ethanol from nonfood
661	661	feedstocks;
662	662	(G) bio-based electricity generation; and
663	663	(H) chemical manufacturing.
664	664	SECTION 3.35. Section 50D.021(a), Agriculture Code, is
665	665	amended to read as follows:
666	666	(a) The research committee is composed of the following 15
667	667	[16] members:
668	668	(1) the commissioner or the person designated by the
669	669	commissioner, who serves as the chair of the research committee;
670	670	(2) one representative of the Texas Energy and
671	671	Communications [Railroad] Commission [of Texas] designated by the
672	672	commission;
673	673	(3) one representative of the Texas Commission on
674	674	Environmental Quality designated by the commission;
675	675	(4) [one representative of the Public Utility
676	676	Commission of Texas designated by the commission;
677	677	[(5)] one representative of the Texas Water
678	678	Development Board designated by the board;
679	679	(5) [(6)] one researcher or specialist in the
680	680	bioenergy field from each of the following university systems,
681	681	appointed by the chancellor of the system:
682	682	(A) The Texas A&M University System;
683	683	(B) the Texas Tech University System; and
684	684	(C) The University of Texas System; and
685	685	(6) [(7)] eight members, with a member appointed by
686	686	each policy council member appointed by the governor under Section
687	687	50D.011(a)(10) [50D.011(a)(11)].
688	688	SECTION 3.36. Section 302.053, Business & Commerce Code, is
689	689	amended to read as follows:
690	690	Sec. 302.053. EXEMPTION: PERSONS REGULATED BY OTHER LAW.
691	691	This chapter does not apply to:
692	692	(1) a person offering or selling a security that has
693	693	been qualified for sale under Section 7, The Securities Act
694	694	(Article 581-7, Vernon's Texas Civil Statutes), or that is subject
695	695	to an exemption under Section 5 or 6 of that Act;
696	696	(2) a publicly traded corporation registered with the
697	697	Securities and Exchange Commission or the State Securities Board,
698	698	or a subsidiary or agent of the corporation;
699	699	(3) a person who holds a license issued under the
700	700	Insurance Code if the solicited transaction is governed by that
701	701	code;
702	702	(4) a supervised financial institution or a parent, a
703	703	subsidiary, or an affiliate of a supervised financial institution;
704	704	(5) a person whose business is regulated by the Texas
705	705	Energy and Communications [Public Utility] Commission under Title 2
706	706	or 4, Utilities Code, [of Texas] or an affiliate of that person,
707	707	except that this chapter applies to such a person or affiliate only
708	708	with respect to one or more automated dial announcing devices;
709	709	(6) a person subject to the control or licensing
710	710	regulations of the Federal Communications Commission;
711	711	(7) a person selling a contractual plan regulated by
712	712	the Federal Trade Commission trade regulation on use of negative
713	713	option plans by sellers in commerce under 16 C.F.R. Part 425;
714	714	(8) a person subject to filing requirements under
715	715	Chapter 1803, Occupations Code; or
716	716	(9) a person who:
717	717	(A) is soliciting a transaction regulated by the
718	718	Commodity Futures Trading Commission; and
719	719	(B) is registered or holds a temporary license
720	720	for the activity described by Paragraph (A) with the Commodity
721	721	Futures Trading Commission under the Commodity Exchange Act (7
722	722	U.S.C. Section 1 et seq.), if the registration or license has not
723	723	expired or been suspended or revoked.
724	724	SECTION 3.37. Section 304.002(2), Business & Commerce Code,
725	725	is amended to read as follows:
726	726	(2) "Commission" means the Texas Energy and
727	727	Communications [Public Utility] Commission [of Texas].
728	728	SECTION 3.38. Section 1(10), Article 18.21, Code of
729	729	Criminal Procedure, is amended to read as follows:
730	730	(10) "Trap and trace device" means a device or process
731	731	that records an incoming electronic or other impulse that
732	732	identifies the originating number or other dialing, routing,
733	733	addressing, or signaling information reasonably likely to identify
734	734	the source of a wire or electronic communication, if the
735	735	information does not include the contents of the communication. The
736	736	term does not include a device or telecommunications network used
737	737	in providing:
738	738	(A) a caller identification service authorized
739	739	by the Texas Energy and Communications [Public Utility] Commission
740	740	[of Texas] under Subchapter E, Chapter 55, Utilities Code;
741	741	(B) the services referenced in Section
742	742	55.102(b), Utilities Code; or
743	743	(C) a caller identification service provided by a
744	744	commercial mobile radio service provider licensed by the Federal
745	745	Communications Commission.
746	746	SECTION 3.39. Section 88.215(b), Education Code, is amended
747	747	to read as follows:
748	748	(b) The advisory committee consists of 11 members appointed
749	749	as follows:
750	750	(1) one representative of Texas A & M University
751	751	appointed by the director of [the] Texas AgriLife Research
752	752	[Agricultural Experiment Station];
753	753	(2) one representative of Texas Tech University
754	754	appointed by the dean of the College of Agricultural Sciences and
755	755	Natural Resources [Agriculture] of Texas Tech University;
756	756	(3) one representative of The University of Texas
757	757	appointed by the vice president for research of The University of
758	758	Texas System;
759	759	(4) one representative of the Department of
760	760	Agriculture appointed by the commissioner of agriculture;
761	761	(5) one representative of the Parks and Wildlife
762	762	Department appointed by the director of the department;
763	763	(6) one representative of the Texas Energy and
764	764	Communications [Public Utility] Commission [of Texas] appointed by
765	765	the [executive director of the] commission;
766	766	(7) one representative of municipal governments
767	767	appointed by the governor;
768	768	(8) one representative of the general public appointed
769	769	by the governor;
770	770	(9) one representative of the agribusiness industry
771	771	appointed by the governor;
772	772	(10) one representative of the chemical industry
773	773	appointed by the Texas Chemical Council; and
774	774	(11) one representative of the oil and gas industry
775	775	appointed by the Texas [Mid-Continent] Oil and Gas Association.
776	776	SECTION 3.40. Section 418.051(c), Government Code, is
777	777	amended to read as follows:
778	778	(c) The communications coordination group consists of
779	779	members selected by the division, including representatives of:
780	780	(1) the Texas military forces;
781	781	(2) the Department of Public Safety of the State of
782	782	Texas;
783	783	(3) the Federal Emergency Management Agency;
784	784	(4) federal agencies that comprise Emergency Support
785	785	Function No. 2;
786	786	(5) the telecommunications industry, including cable
787	787	service providers, as defined by Section 66.002, Utilities Code;
788	788	(6) electric utilities, as defined by Section 31.002,
789	789	Utilities Code;
790	790	(7) gas utilities, as defined by Sections 101.003 and
791	791	121.001, Utilities Code;
792	792	(8) the National Guard's Joint Continental United
793	793	States Communications Support Environment;
794	794	(9) the National Guard Bureau;
795	795	(10) amateur radio operator groups;
796	796	(11) the Texas Forest Service;
797	797	(12) the Texas Department of Transportation;
798	798	(13) the General Land Office;
799	799	(14) the Texas Engineering Extension Service of The
800	800	Texas A&M University System;
801	801	(15) [the Public Utility Commission of Texas;
802	802	[(16)] the Texas Energy and Communications [Railroad]
803	803	Commission [of Texas];
804	804	(16) [(17)] the Department of State Health Services;
805	805	(17) [(18)] the judicial branch of state government;
806	806	(18) [(19)] the Texas Association of Regional
807	807	Councils;
808	808	(19) [(20)] the United States Air Force Auxiliary
809	809	Civil Air Patrol, Texas Wing;
810	810	(20) [(21)] each trauma service area regional
811	811	advisory council;
812	812	(21) [(22)] state agencies, counties, and
813	813	municipalities affected by the emergency, including 9-1-1
814	814	agencies; and
815	815	(22) [(23)] other agencies as determined by the
816	816	division.
817	817	SECTION 3.41. Section 421.021(a), Government Code, is
818	818	amended to read as follows:
819	819	(a) The Homeland Security Council is composed of the
820	820	governor or the governor's designee, the speaker of the house of
821	821	representatives or the speaker's designee, the lieutenant governor
822	822	or the lieutenant governor's designee, and one representative of
823	823	each of the following entities, appointed by the single statewide
824	824	elected or appointed governing officer, administrative head, or
825	825	chair, as appropriate, of the entity:
826	826	(1) Department of Agriculture;
827	827	(2) office of the attorney general;
828	828	(3) General Land Office;
829	829	(4) Texas Energy and Communications [Public Utility]
830	830	Commission [of Texas];
831	831	(5) Department of State Health Services;
832	832	(6) Department of Information Resources;
833	833	(7) Department of Public Safety of the State of Texas;
834	834	(8) Texas Division of Emergency Management;
835	835	(9) adjutant general's department;
836	836	(10) Texas Commission on Environmental Quality;
837	837	(11) [Railroad Commission of Texas;
838	838	[(12)] Texas Strategic Military Planning Commission;
839	839	(12) [(13)] Texas Department of Transportation;
840	840	(13) [(14)] Commission on State Emergency
841	841	Communications;
842	842	(14) [(15)] Office of State-Federal Relations;
843	843	(15) [(16)] secretary of state;
844	844	(16) [(17)] Senate Committee on Transportation and
845	845	Homeland Security;
846	846	(17) [(18)] House Committee on Defense and Veterans'
847	847	Affairs;
848	848	(18) [(19)] Texas Animal Health Commission;
849	849	(19) [(20)] Texas Association of Regional Councils;
850	850	(20) [(21)] Texas Commission on Law Enforcement
851	851	Officer Standards and Education;
852	852	(21) [(22)] state fire marshal's office;
853	853	(22) [(23)] Texas Education Agency;
854	854	(23) [(24)] Texas Commission on Fire Protection;
855	855	(24) [(25)] Parks and Wildlife Department;
856	856	(25) [(26)] Texas Forest Service; and
857	857	(26) [(27)] Texas Water Development Board.
858	858	SECTION 3.42. Section 447.006(g), Government Code, is
859	859	amended to read as follows:
860	860	(g) The state energy conservation office may analyze the
861	861	rates for electricity charged to and the amount of electricity used
862	862	by state agencies and institutions of higher education to determine
863	863	ways the state could obtain lower rates and use less electricity.
864	864	Each state agency, including the Texas Energy and Communications
865	865	[Public Utility] Commission [of Texas], and institution of higher
866	866	education shall assist the office in obtaining the information the
867	867	office needs to perform its analysis.
868	868	SECTION 3.43. Section 487.054(a), Government Code, is
869	869	amended to read as follows:
870	870	(a) At least once each year, the following agency heads or
871	871	their designees shall meet in Austin to discuss rural issues and to
872	872	provide information showing the impact each agency has on rural
873	873	communities for use in developing rural policy and compiling the
874	874	annual report under Section 487.051(a)(5):
875	875	(1) the commissioner of agriculture;
876	876	(2) a member [the executive director] of the Texas
877	877	Energy and Communications [Public Utility] Commission [of Texas];
878	878	(3) the director of the Texas AgriLife [Agricultural]
879	879	Extension Service;
880	880	(4) the executive director of the Texas Department of
881	881	Housing and Community Affairs;
882	882	(5) the commissioner of the Department of State Health
883	883	Services;
884	884	(6) the executive administrator of the Texas Water
885	885	Development Board;
886	886	(7) the executive director of the Parks and Wildlife
887	887	Department;
888	888	(8) the commissioner of higher education;
889	889	(9) the comptroller;
890	890	(10) the executive director of the Texas Department of
891	891	Transportation;
892	892	(11) the executive director of the Texas Commission on
893	893	Environmental Quality;
894	894	(12) [the executive director of the Texas Economic
895	895	Development and Tourism Office;
896	896	[(13)] the commissioner of insurance;
897	897	(13) [(14)] the commissioner of the Department of
898	898	Aging and Disability Services;
899	899	(14) [(15)] the commissioner of education;
900	900	(15) [(16)] the executive commissioner of the Health
901	901	and Human Services Commission;
902	902	(16) [(17)] the executive director of the Texas
903	903	Workforce Commission;
904	904	(17) [(18)] the executive director of the Texas
905	905	Historical Commission;
906	906	(18) [(19) a member of the Railroad Commission of
907	907	Texas;
908	908	[(20)] the executive director of the State Soil and
909	909	Water Conservation Board;
910	910	(19) [(21)] the executive director of the department;
911	911	and
912	912	(20) [(22)] the head of any other agency interested in
913	913	rural issues.
914	914	SECTION 3.44. Section 551.086(b)(3), Government Code, is
915	915	amended to read as follows:
916	916	(3) "Competitive matter" means a utility-related
917	917	matter that the public power utility governing body in good faith
918	918	determines by a vote under this section is related to the public
919	919	power utility's competitive activity, including commercial
920	920	information, and would, if disclosed, give advantage to competitors
921	921	or prospective competitors but may not be deemed to include the
922	922	following categories of information:
923	923	(A) information relating to the provision of
924	924	distribution access service, including the terms and conditions of
925	925	the service and the rates charged for the service but not including
926	926	information concerning utility-related services or products that
927	927	are competitive;
928	928	(B) information relating to the provision of
929	929	transmission service that is required to be filed with the Texas
930	930	Energy and Communications [Public Utility] Commission [of Texas],
931	931	subject to any confidentiality provided for under the rules of the
932	932	commission;
933	933	(C) information for the distribution system
934	934	pertaining to reliability and continuity of service, to the extent
935	935	not security-sensitive, that relates to emergency management,
936	936	identification of critical loads such as hospitals and police,
937	937	records of interruption, and distribution feeder standards;
938	938	(D) any substantive rule of general
939	939	applicability regarding service offerings, service regulation,
940	940	customer protections, or customer service adopted by the public
941	941	power utility as authorized by law;
942	942	(E) aggregate information reflecting receipts or
943	943	expenditures of funds of the public power utility, of the type that
944	944	would be included in audited financial statements;
945	945	(F) information relating to equal employment
946	946	opportunities for minority groups, as filed with local, state, or
947	947	federal agencies;
948	948	(G) information relating to the public power
949	949	utility's performance in contracting with minority business
950	950	entities;
951	951	(H) information relating to nuclear
952	952	decommissioning trust agreements, of the type required to be
953	953	included in audited financial statements;
954	954	(I) information relating to the amount and timing
955	955	of any transfer to an owning city's general fund;
956	956	(J) information relating to environmental
957	957	compliance as required to be filed with any local, state, or
958	958	national environmental authority, subject to any confidentiality
959	959	provided under the rules of those authorities;
960	960	(K) names of public officers of the public power
961	961	utility and the voting records of those officers for all matters
962	962	other than those within the scope of a competitive resolution
963	963	provided for by this section;
964	964	(L) a description of the public power utility's
965	965	central and field organization, including the established places at
966	966	which the public may obtain information, submit information and
967	967	requests, or obtain decisions and the identification of employees
968	968	from whom the public may obtain information, submit information or
969	969	requests, or obtain decisions; or
970	970	(M) information identifying the general course
971	971	and method by which the public power utility's functions are
972	972	channeled and determined, including the nature and requirements of
973	973	all formal and informal policies and procedures.
974	974	SECTION 3.45. Section 552.133(a)(3), Government Code, is
975	975	amended to read as follows:
976	976	(3) "Competitive matter" means a utility-related
977	977	matter that the public power utility governing body in good faith
978	978	determines by a vote under this section is related to the public
979	979	power utility's competitive activity, including commercial
980	980	information, and would, if disclosed, give advantage to competitors
981	981	or prospective competitors but may not be deemed to include the
982	982	following categories of information:
983	983	(A) information relating to the provision of
984	984	distribution access service, including the terms and conditions of
985	985	the service and the rates charged for the service but not including
986	986	information concerning utility-related services or products that
987	987	are competitive;
988	988	(B) information relating to the provision of
989	989	transmission service that is required to be filed with the Texas
990	990	Energy and Communications [Public Utility] Commission [of Texas],
991	991	subject to any confidentiality provided for under the rules of the
992	992	commission;
993	993	(C) information for the distribution system
994	994	pertaining to reliability and continuity of service, to the extent
995	995	not security-sensitive, that relates to emergency management,
996	996	identification of critical loads such as hospitals and police,
997	997	records of interruption, and distribution feeder standards;
998	998	(D) any substantive rule of general
999	999	applicability regarding service offerings, service regulation,
1000	1000	customer protections, or customer service adopted by the public
1001	1001	power utility as authorized by law;
1002	1002	(E) aggregate information reflecting receipts or
1003	1003	expenditures of funds of the public power utility, of the type that
1004	1004	would be included in audited financial statements;
1005	1005	(F) information relating to equal employment
1006	1006	opportunities for minority groups, as filed with local, state, or
1007	1007	federal agencies;
1008	1008	(G) information relating to the public power
1009	1009	utility's performance in contracting with minority business
1010	1010	entities;
1011	1011	(H) information relating to nuclear
1012	1012	decommissioning trust agreements, of the type required to be
1013	1013	included in audited financial statements;
1014	1014	(I) information relating to the amount and timing
1015	1015	of any transfer to an owning city's general fund;
1016	1016	(J) information relating to environmental
1017	1017	compliance as required to be filed with any local, state, or
1018	1018	national environmental authority, subject to any confidentiality
1019	1019	provided under the rules of those authorities;
1020	1020	(K) names of public officers of the public power
1021	1021	utility and the voting records of those officers for all matters
1022	1022	other than those within the scope of a competitive resolution
1023	1023	provided for by this section;
1024	1024	(L) a description of the public power utility's
1025	1025	central and field organization, including the established places at
1026	1026	which the public may obtain information, submit information and
1027	1027	requests, or obtain decisions and the identification of employees
1028	1028	from whom the public may obtain information, submit information or
1029	1029	requests, or obtain decisions; or
1030	1030	(M) information identifying the general course
1031	1031	and method by which the public power utility's functions are
1032	1032	channeled and determined, including the nature and requirements of
1033	1033	all formal and informal policies and procedures.
1034	1034	SECTION 3.46. Section 555.051(a), Government Code, is
1035	1035	amended to read as follows:
1036	1036	(a) This section applies only to information held by or for
1037	1037	the office of the attorney general, the Texas Department of
1038	1038	Insurance, the Texas State Board of Public Accountancy, the Texas
1039	1039	Energy and Communications [Public Utility] Commission [of Texas],
1040	1040	the State Securities Board, the Department of Savings and Mortgage
1041	1041	Lending, the Texas Real Estate Commission, the Texas Appraiser
1042	1042	Licensing and Certification Board, the Texas Department of Banking,
1043	1043	the credit union department, the Office of Consumer Credit
1044	1044	Commissioner, or the Texas Department of Housing and Community
1045	1045	Affairs that relates to the possible commission of corporate fraud
1046	1046	or mortgage fraud by a person who is licensed or otherwise regulated
1047	1047	by any of those state agencies. In this subsection, "corporate
1048	1048	fraud" means a violation of state or federal law or rules relating
1049	1049	to fraud committed by a corporation, limited liability company, or
1050	1050	registered limited liability partnership or an officer, director,
1051	1051	or partner of those entities while acting in a representative
1052	1052	capacity.
1053	1053	SECTION 3.47. Section 572.003(c), Government Code, is
1054	1054	amended to read as follows:
1055	1055	(c) The term means a member of:
1056	1056	(1) [the Public Utility Commission of Texas;
1057	1057	[(2) the Texas Department of Economic Development;
1058	1058	[(3)] the Texas Commission on Environmental Quality;
1059	1059	(2) [(4)] the Texas Alcoholic Beverage Commission;
1060	1060	(3) [(5)] The Finance Commission of Texas;
1061	1061	(4) [(6)] the Texas Facilities Commission;
1062	1062	(5) [(7)] the Texas Board of Criminal Justice;
1063	1063	(6) [(8)] the board of trustees of the Employees
1064	1064	Retirement System of Texas;
1065	1065	(7) [(9)] the Texas Transportation Commission;
1066	1066	(8) [(10) the Texas Workers' Compensation Commission;
1067	1067	[(11)] the Texas Department of Insurance;
1068	1068	(9) [(12)] the Parks and Wildlife Commission;
1069	1069	(10) [(13)] the Public Safety Commission;
1070	1070	(11) [(14)] the Texas Ethics Commission;
1071	1071	(12) [(15)] the State Securities Board;
1072	1072	(13) [(16)] the Texas Water Development Board;
1073	1073	(14) [(17)] the governing board of a public senior
1074	1074	college or university as defined by Section 61.003, Education Code,
1075	1075	or of The University of Texas Southwestern Medical Center at
1076	1076	Dallas, The University of Texas Medical Branch at Galveston, The
1077	1077	University of Texas Health Science Center at Houston, The
1078	1078	University of Texas Health Science Center at San Antonio, The
1079	1079	University of Texas System M. D. Anderson Cancer Center, The
1080	1080	University of Texas Health Science Center at Tyler, University of
1081	1081	North Texas Health Science Center at Fort Worth, Texas Tech
1082	1082	University Health Sciences Center, Texas State Technical
1083	1083	College--Harlingen, Texas State Technical College--Marshall, Texas
1084	1084	State Technical College--Sweetwater, or Texas State Technical
1085	1085	College--Waco;
1086	1086	(15) [(18)] the Texas Higher Education Coordinating
1087	1087	Board;
1088	1088	(16) [(19)] the Texas Workforce Commission;
1089	1089	(17) [(21)] the board of trustees of the Teacher
1090	1090	Retirement System of Texas;
1091	1091	(18) [(22)] the Credit Union Commission;
1092	1092	(19) [(23)] the School Land Board;
1093	1093	(20) [(24)] the board of the Texas Department of
1094	1094	Housing and Community Affairs;
1095	1095	(21) [(25)] the Texas Racing Commission;
1096	1096	(22) [(26)] the State Board of Dental Examiners;
1097	1097	(23) [(27)] the Texas Medical [State] Board [of
1098	1098	Medical Examiners];
1099	1099	(24) [(28)] the Board of Pardons and Paroles;
1100	1100	(25) [(29)] the Texas State Board of Pharmacy;
1101	1101	(26) [(30)] the Department of Information Resources
1102	1102	governing board;
1103	1103	(27) [(31)] the Motor Vehicle Board;
1104	1104	(28) [(32)] the Texas Real Estate Commission;
1105	1105	(29) [(33)] the board of directors of the State Bar of
1106	1106	Texas;
1107	1107	(30) [(34)] the bond review board;
1108	1108	(31) [(35)] the [Texas Board of] Health and Human
1109	1109	Services Commission;
1110	1110	(32) [(36) the Texas Board of Mental Health and Mental
1111	1111	Retardation;
1112	1112	[(37) the Texas Board on Aging;
1113	1113	[(38) the Texas Board of Human Services;
1114	1114	[(39)] the Texas Funeral Service Commission;
1115	1115	(33) [(40)] the board of directors of a river
1116	1116	authority created under the Texas Constitution or a statute of this
1117	1117	state; or
1118	1118	(34) [(41)] the Texas Lottery Commission.
1119	1119	SECTION 3.48. Section 660.203(a), Government Code, is
1120	1120	amended to read as follows:
1121	1121	(a) An individual is entitled to reimbursement for the
1122	1122	actual expense of meals and lodging incurred while performing the
1123	1123	duties of the individual's office or employment if the individual
1124	1124	is:
1125	1125	(1) a judicial officer;
1126	1126	(2) a chief administrative officer of a state agency,
1127	1127	subject to Subsection (c);
1128	1128	(3) the executive director of the Texas Legislative
1129	1129	Council;
1130	1130	(4) the secretary of the senate;
1131	1131	(5) a member of the Texas [Natural Resource
1132	1132	Conservation] Commission on Environmental Quality, the Texas
1133	1133	Workforce Commission, the Texas Energy and Communications [Public
1134	1134	Utility] Commission [of Texas], the Board of Pardons and Paroles,
1135	1135	or the Sabine River Compact Administration; or
1136	1136	(6) a full-time member of a board and receives a salary
1137	1137	from the state for service on that board.
1138	1138	SECTION 3.49. Sections 1232.1071(d) and (e), Government
1139	1139	Code, are amended to read as follows:
1140	1140	(d) The Texas Energy and Communications [Public Utility]
1141	1141	Commission [of Texas] shall provide necessary assistance to the
1142	1142	authority to ensure the collection and enforcement of the
1143	1143	nonbypassable charges, whether directly or by using the assistance
1144	1144	and powers of the requesting member city.
1145	1145	(e) The authority and the Texas Energy and Communications
1146	1146	[Public Utility] Commission [of Texas] have all powers necessary to
1147	1147	perform the duties and responsibilities described by this section.
1148	1148	This section shall be interpreted broadly in a manner consistent
1149	1149	with the most cost-effective financing of stranded costs. To the
1150	1150	extent possible, obligations or evidences of indebtedness issued by
1151	1151	the authority under this section must be structured so that any
1152	1152	interest on the obligations or evidences of indebtedness is
1153	1153	excluded from gross income for federal income tax purposes. Any
1154	1154	interest on the obligations or evidences of indebtedness is not
1155	1155	subject to taxation by and may not be included as part of the
1156	1156	measurement of a tax by this state or a political subdivision of
1157	1157	this state.
1158	1158	SECTION 3.50. Section 2003.0421(c), Government Code, is
1159	1159	amended to read as follows:
1160	1160	(c) This section applies to any contested case hearing
1161	1161	conducted by the office, except hearings conducted on behalf of the
1162	1162	Texas [Natural Resource Conservation] Commission on Environmental
1163	1163	Quality or the Texas Energy and Communications [Public Utility]
1164	1164	Commission [of Texas] which are governed by Sections 2003.047 and
1165	1165	2003.049.
1166	1166	SECTION 3.51. Section 2003.049(a), Government Code, is
1167	1167	amended to read as follows:
1168	1168	(a) The office shall establish a utility division to perform
1169	1169	the contested case hearings for the Texas Energy and Communications
1170	1170	[Public Utility] Commission [of Texas] as prescribed by Title 2,
1171	1171	Utilities Code, and Section 102.006, Utilities Code, [the Public
1172	1172	Utility Regulatory Act of 1995] and other applicable law.
1173	1173	SECTION 3.52. Section 2007.003(b), Government Code, is
1174	1174	amended to read as follows:
1175	1175	(b) This chapter does not apply to the following
1176	1176	governmental actions:
1177	1177	(1) an action by a municipality except as provided by
1178	1178	Subsection (a)(3);
1179	1179	(2) a lawful forfeiture or seizure of contraband as
1180	1180	defined by Article 59.01, Code of Criminal Procedure;
1181	1181	(3) a lawful seizure of property as evidence of a crime
1182	1182	or violation of law;
1183	1183	(4) an action, including an action of a political
1184	1184	subdivision, that is reasonably taken to fulfill an obligation
1185	1185	mandated by federal law or an action of a political subdivision that
1186	1186	is reasonably taken to fulfill an obligation mandated by state law;
1187	1187	(5) the discontinuance or modification of a program or
1188	1188	regulation that provides a unilateral expectation that does not
1189	1189	rise to the level of a recognized interest in private real property;
1190	1190	(6) an action taken to prohibit or restrict a
1191	1191	condition or use of private real property if the governmental
1192	1192	entity proves that the condition or use constitutes a public or
1193	1193	private nuisance as defined by background principles of nuisance
1194	1194	and property law of this state;
1195	1195	(7) an action taken out of a reasonable good faith
1196	1196	belief that the action is necessary to prevent a grave and immediate
1197	1197	threat to life or property;
1198	1198	(8) a formal exercise of the power of eminent domain;
1199	1199	(9) an action taken under a state mandate to prevent
1200	1200	waste of oil and gas, protect correlative rights of owners of
1201	1201	interests in oil or gas, or prevent pollution related to oil and gas
1202	1202	activities;
1203	1203	(10) a rule or proclamation adopted for the purpose of
1204	1204	regulating water safety, hunting, fishing, or control of
1205	1205	nonindigenous or exotic aquatic resources;
1206	1206	(11) an action taken by a political subdivision:
1207	1207	(A) to regulate construction in an area
1208	1208	designated under law as a floodplain;
1209	1209	(B) to regulate on-site sewage facilities;
1210	1210	(C) under the political subdivisions's statutory
1211	1211	authority to prevent waste or protect rights of owners of interest
1212	1212	in groundwater; or
1213	1213	(D) to prevent subsidence;
1214	1214	(12) the appraisal of property for purposes of ad
1215	1215	valorem taxation;
1216	1216	(13) an action that:
1217	1217	(A) is taken in response to a real and
1218	1218	substantial threat to public health and safety;
1219	1219	(B) is designed to significantly advance the
1220	1220	health and safety purpose; and
1221	1221	(C) does not impose a greater burden than is
1222	1222	necessary to achieve the health and safety purpose; or
1223	1223	(14) an action or rulemaking undertaken by the Texas
1224	1224	Energy and Communications [Public Utility] Commission [of Texas] to
1225	1225	order or require the location or placement of telecommunications
1226	1226	equipment owned by another party on the premises of a certificated
1227	1227	local exchange company.
1228	1228	SECTION 3.53. Section 2302.001(2), Government Code, is
1229	1229	amended to read as follows:
1230	1230	(2) "Commission" means the Texas Energy and
1231	1231	Communications [Public Utility] Commission [of Texas].
1232	1232	SECTION 3.54. Section 382.501(a), Health and Safety Code,
1233	1233	as added by Chapter 1125 (H.B. 1796), Acts of the 81st Legislature,
1234	1234	Regular Session, 2009, is amended to read as follows:
1235	1235	(a) The commission, [and] the Texas Energy and
1236	1236	Communications [Railroad] Commission [of Texas], and the
1237	1237	Department of Agriculture[, and the Public Utility Commission of
1238	1238	Texas] shall jointly participate in the federal government process
1239	1239	for developing federal greenhouse gas reporting requirements and
1240	1240	the federal greenhouse gas registry requirements.
1241	1241	SECTION 3.55. Section 386.001(11), Health and Safety Code,
1242	1242	is amended to read as follows:
1243	1243	(11) "Utility commission" means the Texas Energy and
1244	1244	Communications [Public Utility] Commission [of Texas].
1245	1245	SECTION 3.56. Section 391.102(f), Health and Safety Code,
1246	1246	is amended to read as follows:
1247	1247	(f) In coordinating interagency application review
1248	1248	procedures, the commission shall:
1249	1249	(1) solicit review and comments from:
1250	1250	(A) the comptroller to assess:
1251	1251	(i) the financial stability of the
1252	1252	applicant;
1253	1253	(ii) the economic benefits and job creation
1254	1254	potential associated with the project; and
1255	1255	(iii) any other information related to the
1256	1256	duties of that office; and
1257	1257	(B) the Texas Energy and Communications [Public
1258	1258	Utility] Commission [of Texas] to assess:
1259	1259	(i) the reliability of the proposed
1260	1260	technology;
1261	1261	(ii) the feasibility and
1262	1262	cost-effectiveness of electric transmission associated with the
1263	1263	project; [and]
1264	1264	(iii) [any other information related to the
1265	1265	duties of that agency; and
1266	1266	[(C) the Railroad Commission of Texas to assess:
1267	1267	[(i)] the availability and cost of the fuel
1268	1268	involved with the project; and
1269	1269	(iv) [(ii)] any other information related
1270	1270	to the duties of that agency;
1271	1271	(2) consider the comments received under Subdivision
1272	1272	(1) in the commission's grant award decision process; and
1273	1273	(3) as part of the report required by Section 391.104,
1274	1274	justify awards made to projects that have been negatively reviewed
1275	1275	by agencies under Subdivision (1).
1276	1276	SECTION 3.57. Section 401.246(b), Health and Safety Code,
1277	1277	is amended to read as follows:
1278	1278	(b) To the extent practicable, the commission shall use the
1279	1279	methods used by the Texas Energy and Communications [Public
1280	1280	Utility] Commission [of Texas] under Sections 36.051, 36.052, and
1281	1281	36.053, Utilities Code, when establishing overall revenues,
1282	1282	reasonable return, and invested capital for the purpose of setting
1283	1283	fees under Subsection (a).
1284	1284	SECTION 3.58. Sections 771.001(5) and (11), Health and
1285	1285	Safety Code, are amended to read as follows:
1286	1286	(5) "Local exchange service provider" means a
1287	1287	telecommunications carrier providing telecommunications service in
1288	1288	a local exchange service area under a certificate of public
1289	1289	convenience and necessity issued by the Texas Energy and
1290	1290	Communications [Public Utility] Commission [of Texas].
1291	1291	(11) "Business service" means a telecommunications
1292	1292	service classified as a business service under rules adopted by the
1293	1293	Texas Energy and Communications [Public Utility] Commission [of
1294	1294	Texas] or under the applicable tariffs of the principal service
1295	1295	supplier.
1296	1296	SECTION 3.59. Section 771.031(b), Health and Safety Code,
1297	1297	is amended to read as follows:
1298	1298	(b) The following individuals serve as nonvoting ex officio
1299	1299	members:
1300	1300	(1) the executive director of the Texas Energy and
1301	1301	Communications [Public Utility] Commission [of Texas], or an
1302	1302	individual designated by the executive director;
1303	1303	(2) the executive director of the Department of
1304	1304	Information Resources, or an individual designated by the executive
1305	1305	director; and
1306	1306	(3) the executive commissioner of the Health and Human
1307	1307	Services Commission, or an individual designated by the executive
1308	1308	commissioner.
1309	1309	SECTION 3.60. Section 771.0725, Health and Safety Code, is
1310	1310	amended to read as follows:
1311	1311	Sec. 771.0725. ESTABLISHMENT OF RATES FOR FEES. (a)
1312	1312	Subject to the applicable limitations prescribed by Sections
1313	1313	771.071(b) and 771.072(b), (d), and (e), the Texas Energy and
1314	1314	Communications [Public Utility] Commission [of Texas] shall
1315	1315	monitor the establishment of:
1316	1316	(1) emergency service fees imposed under Section
1317	1317	771.071; and
1318	1318	(2) the equalization surcharge imposed under Section
1319	1319	771.072, including the allocation of revenue under Sections
1320	1320	771.072(d) and (e).
1321	1321	(b) Each year the commission shall provide documentation to
1322	1322	the Texas Energy and Communications [Public Utility] Commission [of
1323	1323	Texas] regarding the rate at which each fee should be imposed and
1324	1324	the allocation of revenue under Sections 771.072(d) and (e). The
1325	1325	commission may provide such documentation more often under this
1326	1326	subsection if the commission determines that action is necessary.
1327	1327	(c) The Texas Energy and Communications [Public Utility]
1328	1328	Commission [of Texas] shall review the documentation provided by
1329	1329	the commission as well as allocations derived therefrom and also
1330	1330	identified by the commission. If the Texas Energy and
1331	1331	Communications [Public Utility] Commission [of Texas] determines
1332	1332	that a recommended rate or allocation is not appropriate, the Texas
1333	1333	Energy and Communications [Public Utility] Commission [of Texas]
1334	1334	shall provide comments to the commission, the governor, and the
1335	1335	Legislative Budget Board regarding appropriate rates and the basis
1336	1336	for that determination.
1337	1337	(d) The Texas Energy and Communications [Public Utility]
1338	1338	Commission [of Texas] may review and make comments regarding a rate
1339	1339	or allocation under this section in an informal proceeding. A
1340	1340	proceeding in which a rate or allocation is reviewed is not a
1341	1341	contested case for purposes of Chapter 2001, Government Code. A
1342	1342	review of a rate or allocation is not a rate change for purposes of
1343	1343	Chapter 36 or 53, Utilities Code.
1344	1344	SECTION 3.61. Section 771.076(c), Health and Safety Code,
1345	1345	is amended to read as follows:
1346	1346	(c) At the request of the Texas Energy and Communications
1347	1347	[Public Utility] Commission [of Texas], the state auditor may audit
1348	1348	a regional planning commission or other public agency designated by
1349	1349	the regional planning commission that receives money under this
1350	1350	subchapter.
1351	1351	SECTION 3.62. Section 772.001(21), Health and Safety Code,
1352	1352	is amended to read as follows:
1353	1353	(21) "Business service" means a telecommunications
1354	1354	service classified as a business service under rules adopted by the
1355	1355	Texas Energy and Communications [Public Utility] Commission [of
1356	1356	Texas] or under the applicable tariffs of the principal service
1357	1357	supplier.
1358	1358	SECTION 3.63. Section 772.002(e), Health and Safety Code,
1359	1359	is amended to read as follows:
1360	1360	(e) The Texas Energy and Communications [Public Utility]
1361	1361	Commission [of Texas] may impose an administrative penalty under
1362	1362	Subchapter B, Chapter 15, Utilities Code, against a service
1363	1363	provider who is a person regulated under the Utilities Code if the
1364	1364	person:
1365	1365	(1) does not provide information required by a
1366	1366	district under this section; or
1367	1367	(2) bills and collects a 9-1-1 emergency service fee
1368	1368	as required by this chapter but does not remit the fee to the
1369	1369	appropriate district.
1370	1370	SECTION 3.64. Section 246.001(1), Local Government Code, is
1371	1371	amended to read as follows:
1372	1372	(1) "Commission" means the Texas Energy and
1373	1373	Communications [Public Utility] Commission [of Texas].
1374	1374	SECTION 3.65. Section 283.002(3), Local Government Code, is
1375	1375	amended to read as follows:
1376	1376	(3) "Commission" means the Texas Energy and
1377	1377	Communications [Public Utility] Commission [of Texas].
1378	1378	SECTION 3.66. Section 304.001(f), Local Government Code, is
1379	1379	amended to read as follows:
1380	1380	(f) A political subdivision corporation may appear on
1381	1381	behalf of its incorporating political subdivisions before the Texas
1382	1382	Energy and Communications [Public Utility] Commission [of Texas],
1383	1383	[the Railroad Commission of Texas,] the Texas [Natural Resource
1384	1384	Conservation] Commission on Environmental Quality, any other
1385	1385	governmental agency or regulatory authority, the Texas
1386	1386	Legislature, and the courts.
1387	1387	SECTION 3.67. Sections 33.2053(b) and (c), Natural
1388	1388	Resources Code, are amended to read as follows:
1389	1389	(b) The Texas Energy and Communications [Public Utility]
1390	1390	Commission [of Texas] shall comply with Sections 33.205(a) and (b)
1391	1391	when issuing:
1392	1392	(1) a certificate of convenience and necessity;[.]
1393	1393	(2) [(c) The Railroad Commission of Texas shall comply
1394	1394	with Sections 33.205(a) and (b) when issuing:
1395	1395	[(1)] a wastewater discharge permit;
1396	1396	(3) [(2)] a waste disposal or storage pit permit; or
1397	1397	(4) [(3)] a certification of a federal permit for the
1398	1398	discharge of dredge or fill material.
1399	1399	SECTION 3.68. Section 81.01001, Natural Resources Code, is
1400	1400	amended to read as follows:
1401	1401	Sec. 81.01001. SUNSET PROVISION. The Texas Energy and
1402	1402	Communications [Railroad] Commission [of Texas] is subject to
1403	1403	Chapter 325, Government Code (Texas Sunset Act). Unless continued
1404	1404	in existence as provided by that chapter, the commission is
1405	1405	abolished September 1, 2023 [2011].
1406	1406	SECTION 3.69. Section 81.01005, Natural Resources Code, is
1407	1407	amended to read as follows:
1408	1408	Sec. 81.01005. NAME AND SEAL. (a) The commissioners are
1409	1409	known collectively as the "Texas Energy and Communications
1410	1410	["Railroad] Commission [of Texas]."
1411	1411	(b) The seal of the commission contains a star of five
1412	1412	points with the words "Texas Energy and Communications ["Railroad]
1413	1413	Commission [of Texas]" engraved on it.
1414	1414	SECTION 3.70. Section 28.03(d), Penal Code, is amended to
1415	1415	read as follows:
1416	1416	(d) The terms "public communication, public transportation,
1417	1417	public gas or power supply, or other public service" and "public
1418	1418	water supply" shall mean, refer to, and include any such services
1419	1419	subject to regulation by the Texas Energy and Communications
1420	1420	[Public Utility] Commission [of Texas, the Railroad Commission of
1421	1421	Texas,] or the Texas [Natural Resource Conservation] Commission on
1422	1422	Environmental Quality or any such services enfranchised by the
1423	1423	State of Texas or any political subdivision thereof.
1424	1424	SECTION 3.71. Section 8281.103, Special District Local Laws
1425	1425	Code, as effective April 1, 2011, is amended to read as follows:
1426	1426	Sec. 8281.103. LIMITATION ON PROVIDING WATER TO CERTAIN
1427	1427	USERS. Notwithstanding any other provision of this chapter, the
1428	1428	district may not compete with the City of Mabank in providing water
1429	1429	to household users unless the district receives permission from the
1430	1430	Texas Energy and Communications [Public Utility] Commission [of
1431	1431	Texas], with the consent of that city.
1432	1432	SECTION 3.72. Section 22.01(h), Tax Code, is amended to
1433	1433	read as follows:
1434	1434	(h) If the property that is the subject of the rendition is
1435	1435	regulated by the Texas Energy and Communications [Public Utility]
1436	1436	Commission [of Texas, the Railroad Commission of Texas], the
1437	1437	federal Surface Transportation Board, or the Federal Energy
1438	1438	Regulatory Commission, the owner of the property is considered to
1439	1439	have complied with the requirements of this section if the owner
1440	1440	provides to the chief appraiser, on written request of the chief
1441	1441	appraiser, a copy of the annual regulatory report covering the
1442	1442	property and sufficient information to enable the chief appraiser
1443	1443	to allocate the value of the property among the appropriate taxing
1444	1444	units for which the appraisal district appraises property.
1445	1445	SECTION 3.73. Section 301.004(c), Tax Code, is amended to
1446	1446	read as follows:
1447	1447	(c) In this section, "telephone company" means a person who
1448	1448	owns or operates a telephone line or a telephone network in this
1449	1449	state, charges for its use, and is regulated by the Texas Energy and
1450	1450	Communications [Public Utility] Commission [of Texas] as a
1451	1451	certificated provider of local exchange telephone service.
1452	1452	SECTION 3.74. Section 203.0922(g), Transportation Code, is
1453	1453	amended to read as follows:
1454	1454	(g) This section or a contractual right obtained under an
1455	1455	agreement under this section does not:
1456	1456	(1) make the department or a utility subject to new or
1457	1457	additional licensing, certification, or regulatory jurisdiction of
1458	1458	the Texas Energy and Communications [Public Utility] Commission or
1459	1459	the [of Texas,] Texas Department of Insurance[, or Railroad
1460	1460	Commission of Texas]; or
1461	1461	(2) supersede or otherwise affect a provision of
1462	1462	another law applicable to the department or a utility regarding
1463	1463	licensing, certification, or regulatory jurisdiction of an agency
1464	1464	listed in Subdivision (1).
1465	1465	SECTION 3.75. Section 227.021(e), Transportation Code, is
1466	1466	amended to read as follows:
1467	1467	(e) Nothing in this chapter, or any contractual right
1468	1468	obtained under a contract with the department authorized by this
1469	1469	chapter, supersedes or renders ineffective any provision of another
1470	1470	law applicable to the owner or operator of a public utility
1471	1471	facility, including any provision of the Utilities Code regarding
1472	1472	licensing, certification, and regulatory jurisdiction of the Texas
1473	1473	Energy and Communications [Public Utility] Commission [of Texas or
1474	1474	Railroad Commission of Texas].
1475	1475	SECTION 3.76. Section 370.033(n), Transportation Code, is
1476	1476	amended to read as follows:
1477	1477	(n) Nothing in this chapter or any contractual right
1478	1478	obtained under a contract with an authority under this chapter
1479	1479	supersedes or renders ineffective any provision of another law
1480	1480	applicable to the owner or operator of a public utility facility,
1481	1481	including any provision of the Utilities Code [utilities code]
1482	1482	regarding licensing, certification, or regulatory jurisdiction of
1483	1483	the Texas Energy and Communications [Public Utility] Commission [of
1484	1484	Texas or the Railroad Commission of Texas].
1485	1485	SECTION 3.77. Section 370.181(e), Transportation Code, is
1486	1486	amended to read as follows:
1487	1487	(e) Nothing in this chapter, or any contractual right
1488	1488	obtained under a contract with an authority authorized by this
1489	1489	chapter, supersedes or renders ineffective any provision of another
1490	1490	law applicable to the owner or operator of a public utility
1491	1491	facility, including any provision of the Utilities Code regarding
1492	1492	licensing, certification, and regulatory jurisdiction of the Texas
1493	1493	Energy and Communications [Public Utility] Commission [of Texas or
1494	1494	Railroad Commission of Texas].
1495	1495	SECTION 3.78. Section 370.302(g), Transportation Code, is
1496	1496	amended to read as follows:
1497	1497	(g) Nothing in this chapter, or any contractual right
1498	1498	obtained under a contract with an authority authorized by this
1499	1499	chapter, supersedes or renders ineffective any provision of another
1500	1500	law applicable to the owner or operator of a public utility
1501	1501	facility, including any provision of the Utilities Code regarding
1502	1502	licensing, certification, and regulatory jurisdiction of the Texas
1503	1503	Energy and Communications [Public Utility] Commission [of Texas or
1504	1504	Railroad Commission of Texas].
1505	1505	SECTION 3.79. Section 452.065(b), Transportation Code, is
1506	1506	amended to read as follows:
1507	1507	(b) The parties to a contract made under Subsection (a)(3)
1508	1508	may fulfill the terms of the contract notwithstanding any order or
1509	1509	rule of the Texas Energy and Communications [Public Utility]
1510	1510	Commission [of Texas] with respect to certification, except that
1511	1511	any supply of power or energy by one utility into the service area
1512	1512	of another utility must be provided over transmission or
1513	1513	distribution lines owned by the authority.
1514	1514	SECTION 3.80. Sections 13.1396(b), (c), and (f), Water
1515	1515	Code, are amended to read as follows:
1516	1516	(b) An affected utility shall submit to the county judge,
1517	1517	the office of emergency management of each county in which the
1518	1518	utility has more than one customer, the Texas Energy and
1519	1519	Communications [Public Utility] Commission [of Texas], and the
1520	1520	office of emergency management of the governor, a copy of:
1521	1521	(1) the affected utility's emergency preparedness plan
1522	1522	approved under Section 13.1395; and
1523	1523	(2) the commission's notification to the affected
1524	1524	utility that the plan is accepted.
1525	1525	(c) Each affected utility shall submit to the county judge
1526	1526	and the office of emergency management of each county in which the
1527	1527	utility has water and wastewater facilities that qualify for
1528	1528	critical load status under rules adopted by the Texas Energy and
1529	1529	Communications [Public Utility] Commission [of Texas], and to the
1530	1530	Texas Energy and Communications [Public Utility] Commission [of
1531	1531	Texas] and the division of emergency management of the governor:
1532	1532	(1) information identifying the location and
1533	1533	providing a general description of all water and wastewater
1534	1534	facilities that qualify for critical load status; and
1535	1535	(2) emergency contact information for the affected
1536	1536	utility, including:
1537	1537	(A) the person who will serve as a point of
1538	1538	contact and the person's telephone number;
1539	1539	(B) the person who will serve as an alternative
1540	1540	point of contact and the person's telephone number; and
1541	1541	(C) the affected utility's mailing address.
1542	1542	(f) Not later than May 1 of each year, each electric utility
1543	1543	and each retail electric provider shall determine whether the
1544	1544	facilities of the affected utility qualify for critical load status
1545	1545	under rules adopted by the Texas Energy and Communications [Public
1546	1546	Utility] Commission [of Texas].
1547	1547	SECTION 3.81. Section 152.255, Water Code, is amended to
1548	1548	read as follows:
1549	1549	Sec. 152.255. RECOVERABILITY OF COSTS FROM RATEPAYERS.
1550	1550	This subchapter does not limit the authority of the Texas Energy and
1551	1551	Communications [Public Utility] Commission [of Texas] to determine
1552	1552	the recoverability of costs from ratepayers.
1553	1553	SECTION 3.82. Section 152.301, Water Code, is amended to
1554	1554	read as follows:
1555	1555	Sec. 152.301. ELECTRIC TRANSMISSION SERVICES AND
1556	1556	FACILITIES. Notwithstanding any other law, a river authority may:
1557	1557	(1) provide transmission services, as defined by the
1558	1558	Utilities Code or the Texas Energy and Communications [Public
1559	1559	Utility] Commission [of Texas], on a regional basis to any eligible
1560	1560	transmission customer at any location within or outside the
1561	1561	boundaries of the river authority; and
1562	1562	(2) acquire, including by lease-purchase, lease from
1563	1563	or to any person, finance, construct, rebuild, operate, or sell
1564	1564	electric transmission facilities at any location within or outside
1565	1565	the boundaries of the river authority.
1566	1566	SECTION 3.83. This article takes effect September 1, 2022.
1567	1567	ARTICLE 4. REPEALER
1568	1568	SECTION 4.01. The following are repealed:
1569	1569	(1) Sections 12.002, 12.003, 12.004, and 12.005,
1570	1570	Utilities Code;
1571	1571	(2) Subchapters B, C, and D, Chapter 12, Utilities
1572	1572	Code;
1573	1573	(3) Section 15.029, Utilities Code;
1574	1574	(4) Subchapter B, Chapter 16, Utilities Code;
1575	1575	(5) Section 2003.049, Government Code;
1576	1576	(6) Section 33.2053(b), Natural Resources Code; and
1577	1577	(7) Section 12.013(h), Water Code.
1578	1578	SECTION 4.02. This article takes effect September 1, 2022.
1579	1579	ARTICLE 5. TRANSITION; EFFECTIVE DATE
1580	1580	SECTION 5.01. The Railroad Commission of Texas shall adopt
1581	1581	a timetable for phasing in the change of the agency's name so as to
1582	1582	minimize the fiscal impact of the name change. Until January 1,
1583	1583	2022, to allow for phasing in the change of the agency's name and in
1584	1584	accordance with the timetable established as required by this
1585	1585	section, the agency may perform any act authorized by law for the
1586	1586	Railroad Commission of Texas as the Railroad Commission of Texas or
1587	1587	as the Texas Energy and Communications Commission. Any act of the
1588	1588	Railroad Commission of Texas acting as the Texas Energy and
1589	1589	Communications Commission after the effective date of this Act and
1590	1590	before January 1, 2022, is an act of the Railroad Commission of
1591	1591	Texas.
1592	1592	SECTION 5.02. Except as otherwise provided by this Act,
1593	1593	this Act takes effect immediately if it receives a vote of
1594	1594	two-thirds of all the members elected to each house, as provided by
1595	1595	Section 39, Article III, Texas Constitution. If this Act does not
1596	1596	receive the vote necessary for immediate effect, this Act takes
1597	1597	effect on the 91st day after the last day of the legislative
1598	1598	session.