Texas 2021 - 87th Regular

Texas House Bill HB3093 Compare Versions

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11 87R11782 CXP-D
22 By: Smithee H.B. No. 3093
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the name and governance of the Public Utility
88 Commission of Texas.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 1, Utilities Code, is amended by adding
1111 Section 1.004 to read as follows:
1212 Sec. 1.004. REFERENCE TO PUBLIC UTILITY COMMISSIONER OR
1313 COMMISSION. In this code:
1414 (1) a reference to a commissioner, the commissioners,
1515 or the presiding officer of the Public Utility Commission of Texas
1616 means the commissioner of the Department of Public Utility; and
1717 (2) a reference to the Public Utility Commission of
1818 Texas means the Department of Public Utility.
1919 SECTION 2. Section 12.001, Utilities Code, is amended to
2020 read as follows:
2121 Sec. 12.001. DEPARTMENT OF PUBLIC UTILITY [COMMISSION OF
2222 TEXAS]. The Department of Public Utility [Commission of Texas]
2323 exercises the jurisdiction and powers conferred by this title.
2424 SECTION 3. Section 12.003, Utilities Code, is amended to
2525 read as follows:
2626 Sec. 12.003. SEAL. (a) The department [commission] has a
2727 seal bearing the inscription: "Department of Public Utility
2828 [Commission of Texas]."
2929 (b) The seal shall be affixed to each record and to an
3030 authentication of a copy of a record. The department [commission]
3131 may require the seal to be affixed to other instruments.
3232 (c) A court of this state shall take judicial notice of the
3333 seal.
3434 SECTION 4. Sections 12.051(a) and (c), Utilities Code, are
3535 amended to read as follows:
3636 (a) The [commission is composed of three commissioners
3737 appointed by the] governor shall appoint a commissioner with the
3838 advice and consent of the senate to oversee the department.
3939 (c) The commissioner serves a two-year term that expires
4040 September 1 of each odd-numbered year [Commissioners serve
4141 staggered, six-year terms].
4242 SECTION 5. Section 12.057, Utilities Code, is amended to
4343 read as follows:
4444 Sec. 12.057. COMPENSATION. The annual salary of the
4545 commissioner [commissioners] is determined by the legislature.
4646 SECTION 6. The heading to Section 12.059, Utilities Code,
4747 is amended to read as follows:
4848 Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONER
4949 [COMMISSIONERS].
5050 SECTION 7. Section 12.156, Utilities Code, is amended to
5151 read as follows:
5252 Sec. 12.156. QUALIFICATIONS AND STANDARDS OF CONDUCT
5353 INFORMATION. The executive director or the executive director's
5454 designee shall provide to the commissioner [commissioners] and
5555 department [commission] employees as often as necessary
5656 information regarding their:
5757 (1) qualifications for office or employment under this
5858 title; and
5959 (2) responsibilities under applicable laws relating
6060 to standards of conduct for state officers and employees.
6161 SECTION 8. Section 39.917(b), Utilities Code, is amended to
6262 read as follows:
6363 (b) The Texas Electric Grid Security Council is composed of:
6464 (1) the commissioner [designated as presiding officer
6565 of the commission under Section 12.052] or a representative
6666 designated by the commissioner;
6767 (2) the chief executive officer of the independent
6868 organization certified under Section 39.151 for the ERCOT power
6969 region or a representative designated by the chief executive
7070 officer; and
7171 (3) the governor or a representative designated by the
7272 governor.
7373 SECTION 9. Sections 12.052 and 12.056, Utilities Code, are
7474 repealed.
7575 SECTION 10. (a) On the effective date of this Act:
7676 (1) the name of the Public Utility Commission of Texas
7777 is changed to the Department of Public Utility, and all powers,
7878 rights, duties, and obligations of the Public Utility Commission of
7979 Texas are the powers, duties, rights, and obligations of the
8080 Department of Public Utility; and
8181 (2) any appropriation for the Public Utility
8282 Commission of Texas is an appropriation for the Department of
8383 Public Utility.
8484 (b) On and after the effective date of this Act, a reference
8585 in law to the Public Utility Commission of Texas is a reference to
8686 the Department of Public Utility.
8787 (c) The Department of Public Utility is the authority
8888 formerly known as the Public Utility Commission of Texas in all
8989 respects. All personnel, equipment, data, documents, facilities,
9090 contracts, items, other property, rules, decisions, and
9191 proceedings of or involving the Public Utility Commission of Texas
9292 are unaffected by the change in the name of the authority.
9393 SECTION 11. The governor shall promptly appoint the first
9494 commissioner to the Department of Public Utility in accordance with
9595 Section 12.051, Utilities Code, as amended by this Act. The term of
9696 the first commissioner expires September 1, 2023.
9797 SECTION 12. This Act takes effect September 1, 2021.