1 | 1 | | 87R11782 CXP-D |
---|
2 | 2 | | By: Smithee H.B. No. 3093 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the name and governance 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. Chapter 1, Utilities Code, is amended by adding |
---|
11 | 11 | | Section 1.004 to read as follows: |
---|
12 | 12 | | Sec. 1.004. REFERENCE TO PUBLIC UTILITY COMMISSIONER OR |
---|
13 | 13 | | COMMISSION. In this code: |
---|
14 | 14 | | (1) a reference to a commissioner, the commissioners, |
---|
15 | 15 | | or the presiding officer of the Public Utility Commission of Texas |
---|
16 | 16 | | means the commissioner of the Department of Public Utility; and |
---|
17 | 17 | | (2) a reference to the Public Utility Commission of |
---|
18 | 18 | | Texas means the Department of Public Utility. |
---|
19 | 19 | | SECTION 2. Section 12.001, Utilities Code, is amended to |
---|
20 | 20 | | read as follows: |
---|
21 | 21 | | Sec. 12.001. DEPARTMENT OF PUBLIC UTILITY [COMMISSION OF |
---|
22 | 22 | | TEXAS]. The Department of Public Utility [Commission of Texas] |
---|
23 | 23 | | exercises the jurisdiction and powers conferred by this title. |
---|
24 | 24 | | SECTION 3. Section 12.003, Utilities Code, is amended to |
---|
25 | 25 | | read as follows: |
---|
26 | 26 | | Sec. 12.003. SEAL. (a) The department [commission] has a |
---|
27 | 27 | | seal bearing the inscription: "Department of Public Utility |
---|
28 | 28 | | [Commission of Texas]." |
---|
29 | 29 | | (b) The seal shall be affixed to each record and to an |
---|
30 | 30 | | authentication of a copy of a record. The department [commission] |
---|
31 | 31 | | may require the seal to be affixed to other instruments. |
---|
32 | 32 | | (c) A court of this state shall take judicial notice of the |
---|
33 | 33 | | seal. |
---|
34 | 34 | | SECTION 4. Sections 12.051(a) and (c), Utilities Code, are |
---|
35 | 35 | | amended to read as follows: |
---|
36 | 36 | | (a) The [commission is composed of three commissioners |
---|
37 | 37 | | appointed by the] governor shall appoint a commissioner with the |
---|
38 | 38 | | advice and consent of the senate to oversee the department. |
---|
39 | 39 | | (c) The commissioner serves a two-year term that expires |
---|
40 | 40 | | September 1 of each odd-numbered year [Commissioners serve |
---|
41 | 41 | | staggered, six-year terms]. |
---|
42 | 42 | | SECTION 5. Section 12.057, Utilities Code, is amended to |
---|
43 | 43 | | read as follows: |
---|
44 | 44 | | Sec. 12.057. COMPENSATION. The annual salary of the |
---|
45 | 45 | | commissioner [commissioners] is determined by the legislature. |
---|
46 | 46 | | SECTION 6. The heading to Section 12.059, Utilities Code, |
---|
47 | 47 | | is amended to read as follows: |
---|
48 | 48 | | Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONER |
---|
49 | 49 | | [COMMISSIONERS]. |
---|
50 | 50 | | SECTION 7. Section 12.156, Utilities Code, is amended to |
---|
51 | 51 | | read as follows: |
---|
52 | 52 | | Sec. 12.156. QUALIFICATIONS AND STANDARDS OF CONDUCT |
---|
53 | 53 | | INFORMATION. The executive director or the executive director's |
---|
54 | 54 | | designee shall provide to the commissioner [commissioners] and |
---|
55 | 55 | | department [commission] employees as often as necessary |
---|
56 | 56 | | information regarding their: |
---|
57 | 57 | | (1) qualifications for office or employment under this |
---|
58 | 58 | | title; and |
---|
59 | 59 | | (2) responsibilities under applicable laws relating |
---|
60 | 60 | | to standards of conduct for state officers and employees. |
---|
61 | 61 | | SECTION 8. Section 39.917(b), Utilities Code, is amended to |
---|
62 | 62 | | read as follows: |
---|
63 | 63 | | (b) The Texas Electric Grid Security Council is composed of: |
---|
64 | 64 | | (1) the commissioner [designated as presiding officer |
---|
65 | 65 | | of the commission under Section 12.052] or a representative |
---|
66 | 66 | | designated by the commissioner; |
---|
67 | 67 | | (2) the chief executive officer of the independent |
---|
68 | 68 | | organization certified under Section 39.151 for the ERCOT power |
---|
69 | 69 | | region or a representative designated by the chief executive |
---|
70 | 70 | | officer; and |
---|
71 | 71 | | (3) the governor or a representative designated by the |
---|
72 | 72 | | governor. |
---|
73 | 73 | | SECTION 9. Sections 12.052 and 12.056, Utilities Code, are |
---|
74 | 74 | | repealed. |
---|
75 | 75 | | SECTION 10. (a) On the effective date of this Act: |
---|
76 | 76 | | (1) the name of the Public Utility Commission of Texas |
---|
77 | 77 | | is changed to the Department of Public Utility, and all powers, |
---|
78 | 78 | | rights, duties, and obligations of the Public Utility Commission of |
---|
79 | 79 | | Texas are the powers, duties, rights, and obligations of the |
---|
80 | 80 | | Department of Public Utility; and |
---|
81 | 81 | | (2) any appropriation for the Public Utility |
---|
82 | 82 | | Commission of Texas is an appropriation for the Department of |
---|
83 | 83 | | Public Utility. |
---|
84 | 84 | | (b) On and after the effective date of this Act, a reference |
---|
85 | 85 | | in law to the Public Utility Commission of Texas is a reference to |
---|
86 | 86 | | the Department of Public Utility. |
---|
87 | 87 | | (c) The Department of Public Utility is the authority |
---|
88 | 88 | | formerly known as the Public Utility Commission of Texas in all |
---|
89 | 89 | | respects. All personnel, equipment, data, documents, facilities, |
---|
90 | 90 | | contracts, items, other property, rules, decisions, and |
---|
91 | 91 | | proceedings of or involving the Public Utility Commission of Texas |
---|
92 | 92 | | are unaffected by the change in the name of the authority. |
---|
93 | 93 | | SECTION 11. The governor shall promptly appoint the first |
---|
94 | 94 | | commissioner to the Department of Public Utility in accordance with |
---|
95 | 95 | | Section 12.051, Utilities Code, as amended by this Act. The term of |
---|
96 | 96 | | the first commissioner expires September 1, 2023. |
---|
97 | 97 | | SECTION 12. This Act takes effect September 1, 2021. |
---|