Texas 2021 - 87th Regular

Texas House Bill HB2848 Compare Versions

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

Old	New	Differences
1	1	87R10733 CXP-D
2	2	By: Larson H.B. No. 2848
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the election of commissioners of the Public Utility
8	8	Commission of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter B, Chapter 12,
11	11	Utilities Code, is amended to read as follows:
12	12	SUBCHAPTER B. COMMISSION ELECTION [APPOINTMENT] AND FUNCTIONS
13	13	SECTION 2. Section 12.051, Utilities Code, is amended to
14	14	read as follows:
15	15	Sec. 12.051. ELECTION [APPOINTMENT]; TERM. (a) The
16	16	commission is composed of three commissioners elected to numbered
17	17	positions at the general election for state officers [appointed by
18	18	the governor with the advice and consent of the senate].
19	19	(b) [An appointment to the commission shall be made without
20	20	regard to the race, color, disability, sex, religion, age, or
21	21	national origin of the appointee.
22	22	[(c)] Commissioners serve staggered, six-year terms.
23	23	SECTION 3. Section 12.052, Utilities Code, is amended to
24	24	read as follows:
25	25	Sec. 12.052. PRESIDING OFFICER. The commissioners shall
26	26	elect one commissioner [(a) The governor shall designate a
27	27	commissioner] as the presiding officer.
28	28	[(b) The presiding officer serves in that capacity at the
29	29	pleasure of the governor.]
30	30	SECTION 4. Section 12.053, Utilities Code, is amended to
31	31	read as follows:
32	32	Sec. 12.053. MEMBERSHIP QUALIFICATIONS. (a) To be
33	33	eligible for election or appointment, a person [commissioner] must:
34	34	(1) be a qualified voter; and
35	35	(2) be a citizen of the United States[;
36	36	[(3) be a competent and experienced administrator;
37	37	[(4) be well informed and qualified in the field of
38	38	public utilities and utility regulation; and
39	39	[(5) have at least five years of experience in the
40	40	administration of business or government or as a practicing
41	41	attorney or certified public accountant].
42	42	(b) A person is not eligible for election or appointment to
43	43	a commissioner's office [as a commissioner] if the person:
44	44	(1) at any time during the two years preceding the date
45	45	of the person's election or the date of the person's appointment:
46	46	(A) personally served as an officer, director,
47	47	owner, employee, partner, or legal representative of a public
48	48	utility regulated by the commission or of an affiliate or direct
49	49	competitor of a public utility regulated by the commission; or
50	50	(B) owned or controlled, directly or indirectly,
51	51	more than a 10 percent interest in a public utility regulated by the
52	52	commission or in an affiliate or direct competitor of a public
53	53	utility regulated by the commission; or
54	54	(2) is not qualified to serve under Section 12.151,
55	55	12.152, or 12.153.
56	56	SECTION 5. Section 12.054(a), Utilities Code, is amended to
57	57	read as follows:
58	58	(a) It is a ground for removal from the commission if a
59	59	commissioner:
60	60	(1) does not have at the time of election or
61	61	appointment or does not maintain during service on the commission
62	62	the qualifications required by Section 12.053;
63	63	(2) violates a prohibition provided by Section 12.053
64	64	or by Subchapter D;
65	65	(3) cannot discharge the commissioner's duties for a
66	66	substantial part of the term for which the commissioner is elected
67	67	or appointed because of illness or disability; or
68	68	(4) is absent from more than half of the regularly
69	69	scheduled commission meetings that the commissioner is eligible to
70	70	attend during a calendar year unless the absence is excused by
71	71	majority vote of the commission.
72	72	SECTION 6. Section 12.055, Utilities Code, is amended to
73	73	read as follows:
74	74	Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A
75	75	person may not seek nomination or election to another civil office
76	76	of this state or of the United States while serving as a
77	77	commissioner. If a commissioner files for nomination or election
78	78	to another civil office of this state or of the United States, the
79	79	person's office as commissioner immediately becomes vacant, and the
80	80	governor shall order a special election or appoint a successor as
81	81	provided by Section 12.056.
82	82	SECTION 7. Section 12.056, Utilities Code, is amended to
83	83	read as follows:
84	84	Sec. 12.056. [EFFECT OF] VACANCY. (a) A vacancy or
85	85	disqualification does not prevent a [the] remaining commissioner
86	86	[or commissioners] from exercising the powers of the commission.
87	87	(b) If the office of a commissioner becomes vacant and more
88	88	than one year remains in the term of the office vacated, the
89	89	governor shall order a special election in which a successor shall
90	90	be elected.
91	91	(c) If the office of a commissioner becomes vacant and less
92	92	than one year remains in the term of the office vacated, the
93	93	governor shall appoint a successor to serve for the unexpired term.
94	94	SECTION 8. Section 12.059, Utilities Code, is amended to
95	95	read as follows:
96	96	Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONERS. (a)
97	97	Before a commissioner may assume the commissioner's duties [and
98	98	before the commissioner may be confirmed by the senate], the
99	99	commissioner must complete at least one course of the training
100	100	program established under this section.
101	101	(b) A training program established under this section shall
102	102	provide information to the commissioner regarding:
103	103	(1) the enabling legislation that created the
104	104	commission and its policymaking body to which the commissioner is
105	105	elected or appointed to serve;
106	106	(2) the programs operated by the commission;
107	107	(3) the role and functions of the commission;
108	108	(4) the rules of the commission with an emphasis on the
109	109	rules that relate to disciplinary and investigatory authority;
110	110	(5) the current budget for the commission;
111	111	(6) the results of the most recent formal audit of the
112	112	commission;
113	113	(7) the requirements of Chapters 551, 552, and 2001,
114	114	Government Code;
115	115	(8) the requirements of the conflict of interest laws
116	116	and other laws relating to public officials; and
117	117	(9) any applicable ethics policies adopted by the
118	118	commission or the Texas Ethics Commission.
119	119	(c) A person who is elected or appointed to the commission
120	120	is entitled to reimbursement, as provided by the General
121	121	Appropriations Act, for the travel expenses incurred in attending
122	122	the training program regardless of whether the attendance at the
123	123	program occurs before or after the person qualifies for office.
124	124	SECTION 9. Section 12.152, Utilities Code, is amended to
125	125	read as follows:
126	126	Sec. 12.152. CONFLICT OF INTEREST. (a) A person is not
127	127	eligible for election or appointment as a commissioner or executive
128	128	director of the commission if:
129	129	(1) the person serves on the board of directors of a
130	130	company that supplies fuel, utility-related services, or
131	131	utility-related products to regulated or unregulated electric or
132	132	telecommunications utilities; or
133	133	(2) the person or the person's spouse:
134	134	(A) is employed by or participates in the
135	135	management of a business entity or other organization that is
136	136	regulated by or receives funds from the commission;
137	137	(B) directly or indirectly owns or controls more
138	138	than a 10 percent interest in:
139	139	(i) a business entity or other organization
140	140	that is regulated by or receives funds from the commission; or
141	141	(ii) a utility competitor, utility
142	142	supplier, or other entity affected by a commission decision in a
143	143	manner other than by the setting of rates for that class of
144	144	customer;
145	145	(C) uses or receives a substantial amount of
146	146	tangible goods, services, or funds from the commission, other than
147	147	compensation or reimbursement authorized by law for commission
148	148	membership, attendance, or expenses; or
149	149	(D) notwithstanding Paragraph (B), has an
150	150	interest in a mutual fund or retirement fund in which more than 10
151	151	percent of the fund's holdings at the time of election or
152	152	appointment is in a single utility, utility competitor, or utility
153	153	supplier in this state and the person does not disclose this
154	154	information to the governor, senate, commission, or other entity,
155	155	as appropriate.
156	156	(b) A person otherwise ineligible because of Subsection
157	157	(a)(2)(B) may be elected or appointed to the commission and serve as
158	158	a commissioner or may be employed as executive director if the
159	159	person:
160	160	(1) notifies the attorney general and commission that
161	161	the person is ineligible because of Subsection (a)(2)(B); and
162	162	(2) divests the person or the person's spouse of the
163	163	ownership or control:
164	164	(A) before beginning service or employment; or
165	165	(B) if the person is already serving or employed,
166	166	within a reasonable time.
167	167	SECTION 10. Section 52.092(c), Election Code, is amended to
168	168	read as follows:
169	169	(c) Statewide offices of the state government shall be
170	170	listed in the following order:
171	171	(1) governor;
172	172	(2) lieutenant governor;
173	173	(3) attorney general;
174	174	(4) comptroller of public accounts;
175	175	(5) commissioner of the General Land Office;
176	176	(6) commissioner of agriculture;
177	177	(7) railroad commissioner;
178	178	(8) public utility commissioner;
179	179	(9) chief justice, supreme court;
180	180	(10) [(9)] justice, supreme court;
181	181	(11) [(10)] presiding judge, court of criminal
182	182	appeals;
183	183	(12) [(11)] judge, court of criminal appeals.
184	184	SECTION 11. Section 504.401(d), Transportation Code, is
185	185	amended to read as follows:
186	186	(d) In this section, "state official" means:
187	187	(1) a member of the legislature;
188	188	(2) the governor;
189	189	(3) the lieutenant governor;
190	190	(4) a justice of the supreme court;
191	191	(5) a judge of the court of criminal appeals;
192	192	(6) the attorney general;
193	193	(7) the commissioner of the General Land Office;
194	194	(8) the comptroller;
195	195	(9) a member of the Railroad Commission of Texas;
196	196	(10) the commissioner of agriculture;
197	197	(11) a commissioner of the Public Utility Commission
198	198	of Texas;
199	199	(12) the secretary of state; or
200	200	(13) [(12)] a member of the State Board of Education.
201	201	SECTION 12. (a) The first election for commissioner,
202	202	position number one, of the Public Utility Commission of Texas, for
203	203	a six-year term beginning on January 1, 2023, shall be held on the
204	204	date of the general election for state and county officers for the
205	205	year 2022. The first election for commissioner, position number
206	206	two, for a six-year term beginning on January 1, 2025, shall be held
207	207	on the date of the general election for state and county officers
208	208	for the year 2024. The first election for commissioner, position
209	209	number three, for a six-year term beginning on January 1, 2027,
210	210	shall be held on the date of the general election for state and
211	211	county officers for the year 2026.
212	212	(b) The governor shall appoint a temporary commissioner to
213	213	serve the period following the expiration of the term expiring
214	214	September 1, 2021, under the former law until the first
215	215	commissioner elected to position number one under this Act takes
216	216	office. The governor shall appoint a temporary commissioner to
217	217	serve the period following the expiration of the term expiring
218	218	September 1, 2023, under the former law until the first
219	219	commissioner elected to position number two under this Act takes
220	220	office. The governor shall appoint a temporary commissioner to
221	221	serve the period following the expiration of the term expiring
222	222	September 1, 2025, under the former law until the first
223	223	commissioner elected to position number three under this Act takes
224	224	office.
225	225	(c) If on January 1, 2023, there is a vacancy in the office
226	226	of commissioner created under this Act because the first
227	227	commissioner-elect has died or refuses or is permanently unable to
228	228	serve, the commissioner serving on that date shall, unless
229	229	otherwise removed as provided by law, continue in office under the
230	230	former law that governed the office until the governor fills the
231	231	vacancy by appointment in the manner provided by law. The former
232	232	law that governed the office of the commissioner is continued in
233	233	effect for that purpose.
234	234	SECTION 13. This Act takes effect September 1, 2021.