Texas 2021 - 87th Regular

Texas House Bill HB3487 Compare Versions

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

Old	New	Differences
1	1	87R12238 CXP-D
2	2	By: Thierry H.B. No. 3487
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the composition of the Public Utility Commission of
8	8	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 APPOINTMENT, ELECTION, AND FUNCTIONS
13	13	SECTION 2. The heading to Section 12.051, Utilities Code,
14	14	is amended to read as follows:
15	15	Sec. 12.051. APPOINTMENT AND ELECTION; TERM.
16	16	SECTION 3. Section 12.051, Utilities Code, is amended by
17	17	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
18	18	and (a-4) to read as follows:
19	19	(a) The commission is composed of seven [three]
20	20	commissioners.
21	21	(a-1) Three commissioners must be appointed by the governor
22	22	with the advice and consent of the senate.
23	23	(a-2) One commissioner must be appointed by the lieutenant
24	24	governor with the advice and consent of the senate.
25	25	(a-3) One commissioner must be appointed by the speaker of
26	26	the house of representatives with the advice and consent of the
27	27	senate.
28	28	(a-4) One residential water commissioner and one
29	29	residential energy commissioner must be elected by the qualified
30	30	voters at the general election for state and county officers.
31	31	SECTION 4. Section 12.053, Utilities Code, is amended to
32	32	read as follows:
33	33	Sec. 12.053. MEMBERSHIP QUALIFICATIONS. (a) To be
34	34	eligible for appointment to a commissioner's office, other than an
35	35	appointment to fill a vacancy in an elected commissioner's office,
36	36	a person [, a commissioner] must:
37	37	(1) be a qualified voter;
38	38	(2) be a citizen of the United States;
39	39	(3) be a competent and experienced administrator;
40	40	(4) be well informed and qualified in the field of
41	41	public utilities and utility regulation; and
42	42	(5) have at least five years of experience in the
43	43	administration of business or government or as a practicing
44	44	attorney or certified public accountant.
45	45	(a-1) To be eligible for election to an elected
46	46	commissioner's office, a person must be:
47	47	(1) a qualified voter; and
48	48	(2) a citizen of the United States.
49	49	(b) A person is not eligible for appointment or election to
50	50	a commissioner's office [as a commissioner] if the person:
51	51	(1) at any time during the two years preceding the date
52	52	of the person's appointment or the date of the person's election:
53	53	(A) personally served as an officer, director,
54	54	owner, employee, partner, or legal representative of a public
55	55	utility regulated by the commission or of an affiliate or direct
56	56	competitor of a public utility regulated by the commission; or
57	57	(B) owned or controlled, directly or indirectly,
58	58	more than a 10 percent interest in a public utility regulated by the
59	59	commission or in an affiliate or direct competitor of a public
60	60	utility regulated by the commission; or
61	61	(2) is not qualified to serve under Section 12.151,
62	62	12.152, or 12.153.
63	63	SECTION 5. Section 12.054(a), Utilities Code, is amended to
64	64	read as follows:
65	65	(a) It is a ground for removal from the commission if a
66	66	commissioner:
67	67	(1) does not have at the time of election or
68	68	appointment or does not maintain during service on the commission
69	69	the qualifications required by Section 12.053;
70	70	(2) violates a prohibition provided by Section 12.053
71	71	or by Subchapter D;
72	72	(3) cannot discharge the commissioner's duties for a
73	73	substantial part of the term for which the commissioner is elected
74	74	or appointed because of illness or disability; or
75	75	(4) is absent from more than half of the regularly
76	76	scheduled commission meetings that the commissioner is eligible to
77	77	attend during a calendar year unless the absence is excused by
78	78	majority vote of the commission.
79	79	SECTION 6. Section 12.055, Utilities Code, is amended to
80	80	read as follows:
81	81	Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A
82	82	person may not seek nomination or election to another civil office
83	83	of this state or of the United States while serving as a
84	84	commissioner. If a commissioner files for nomination or election
85	85	to another civil office of this state or of the United States, the
86	86	person's office as commissioner immediately becomes vacant, and the
87	87	governor shall order a special election or appoint a successor as
88	88	provided by Section 12.056.
89	89	SECTION 7. Section 12.056, Utilities Code, is amended to
90	90	read as follows:
91	91	Sec. 12.056. [EFFECT OF] VACANCY. (a) A vacancy or
92	92	disqualification does not prevent a [the] remaining commissioner
93	93	[or commissioners] from exercising the powers of the commission.
94	94	(b) If an elected commissioner's office becomes vacant and
95	95	more than one year remains in the term of the office vacated, the
96	96	governor shall order a special election in which a successor shall
97	97	be elected.
98	98	(c) If an elected commissioner's office becomes vacant and
99	99	less than one year remains in the term of the office vacated, the
100	100	governor shall appoint a successor to serve for the unexpired term.
101	101	SECTION 8. Section 12.059, Utilities Code, is amended to
102	102	read as follows:
103	103	Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONERS. (a)
104	104	Before a commissioner may assume the commissioner's duties and
105	105	before an appointed [the] commissioner may be confirmed by the
106	106	senate, the commissioner must complete at least one course of the
107	107	training program established under this section.
108	108	(b) A training program established under this section shall
109	109	provide information to the commissioner regarding:
110	110	(1) the enabling legislation that created the
111	111	commission and its policymaking body to which the commissioner is
112	112	elected or appointed to serve;
113	113	(2) the programs operated by the commission;
114	114	(3) the role and functions of the commission;
115	115	(4) the rules of the commission with an emphasis on the
116	116	rules that relate to disciplinary and investigatory authority;
117	117	(5) the current budget for the commission;
118	118	(6) the results of the most recent formal audit of the
119	119	commission;
120	120	(7) the requirements of Chapters 551, 552, and 2001,
121	121	Government Code;
122	122	(8) the requirements of the conflict of interest laws
123	123	and other laws relating to public officials; and
124	124	(9) any applicable ethics policies adopted by the
125	125	commission or the Texas Ethics Commission.
126	126	(c) A person who is elected or appointed to the commission
127	127	is entitled to reimbursement, as provided by the General
128	128	Appropriations Act, for the travel expenses incurred in attending
129	129	the training program regardless of whether the attendance at the
130	130	program occurs before or after the person qualifies for office.
131	131	SECTION 9. Section 12.152, Utilities Code, is amended to
132	132	read as follows:
133	133	Sec. 12.152. CONFLICT OF INTEREST. (a) A person is not
134	134	eligible for election or appointment as a commissioner or executive
135	135	director of the commission if:
136	136	(1) the person serves on the board of directors of a
137	137	company that supplies fuel, utility-related services, or
138	138	utility-related products to regulated or unregulated electric or
139	139	telecommunications utilities; or
140	140	(2) the person or the person's spouse:
141	141	(A) is employed by or participates in the
142	142	management of a business entity or other organization that is
143	143	regulated by or receives funds from the commission;
144	144	(B) directly or indirectly owns or controls more
145	145	than a 10 percent interest in:
146	146	(i) a business entity or other organization
147	147	that is regulated by or receives funds from the commission; or
148	148	(ii) a utility competitor, utility
149	149	supplier, or other entity affected by a commission decision in a
150	150	manner other than by the setting of rates for that class of
151	151	customer;
152	152	(C) uses or receives a substantial amount of
153	153	tangible goods, services, or funds from the commission, other than
154	154	compensation or reimbursement authorized by law for commission
155	155	membership, attendance, or expenses; or
156	156	(D) notwithstanding Paragraph (B), has an
157	157	interest in a mutual fund or retirement fund in which more than 10
158	158	percent of the fund's holdings at the time of election or
159	159	appointment is in a single utility, utility competitor, or utility
160	160	supplier in this state and the person does not disclose this
161	161	information to the governor, senate, commission, or other entity,
162	162	as appropriate.
163	163	(b) A person otherwise ineligible because of Subsection
164	164	(a)(2)(B) may be elected or appointed to the commission and serve as
165	165	a commissioner or may be employed as executive director if the
166	166	person:
167	167	(1) notifies the attorney general and commission that
168	168	the person is ineligible because of Subsection (a)(2)(B); and
169	169	(2) divests the person or the person's spouse of the
170	170	ownership or control:
171	171	(A) before beginning service or employment; or
172	172	(B) if the person is already serving or employed,
173	173	within a reasonable time.
174	174	SECTION 10. Section 52.092(c), Election Code, is amended to
175	175	read as follows:
176	176	(c) Statewide offices of the state government shall be
177	177	listed in the following order:
178	178	(1) governor;
179	179	(2) lieutenant governor;
180	180	(3) attorney general;
181	181	(4) comptroller of public accounts;
182	182	(5) commissioner of the General Land Office;
183	183	(6) commissioner of agriculture;
184	184	(7) railroad commissioner;
185	185	(8) residential water commissioner;
186	186	(9) residential energy commissioner;
187	187	(10) chief justice, supreme court;
188	188	(11) [(9)] justice, supreme court;
189	189	(12) [(10)] presiding judge, court of criminal
190	190	appeals;
191	191	(13) [(11)] judge, court of criminal appeals.
192	192	SECTION 11. Section 504.401(d), Transportation Code, is
193	193	amended to read as follows:
194	194	(d) In this section, "state official" means:
195	195	(1) a member of the legislature;
196	196	(2) the governor;
197	197	(3) the lieutenant governor;
198	198	(4) a justice of the supreme court;
199	199	(5) a judge of the court of criminal appeals;
200	200	(6) the attorney general;
201	201	(7) the commissioner of the General Land Office;
202	202	(8) the comptroller;
203	203	(9) a member of the Railroad Commission of Texas;
204	204	(10) the commissioner of agriculture;
205	205	(11) an elected commissioner of the Public Utility
206	206	Commission of Texas;
207	207	(12) the secretary of state; or
208	208	(13) [(12)] a member of the State Board of Education.
209	209	SECTION 12. (a) The lieutenant governor and the speaker of
210	210	the house of representatives each shall promptly appoint a
211	211	commissioner to the Public Utility Commission of Texas in
212	212	accordance with Section 12.051, Utilities Code, as amended by this
213	213	Act. Notwithstanding Section 12.051(c), Utilities Code, the term
214	214	of the commissioner appointed by the lieutenant governor expires
215	215	September 1, 2025, and the term of the commissioner appointed by the
216	216	speaker of the house of representatives expires September 1, 2027.
217	217	(b) The first election for residential water commissioner
218	218	and residential energy commissioner of the Public Utility
219	219	Commission of Texas, for six-year terms beginning on January 1,
220	220	2023, shall be held on November 8, 2022.
221	221	SECTION 13. This Act takes effect September 1, 2021.