Texas 2021 - 87th Regular

Texas House Bill HB4560 Compare Versions

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

Old	New	Differences
1	1	By: Anchia H.B. No. 4560
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the Public Utility Commission of Texas, the Office of
7	7	the Public Utility Counsel, and the independent organization
8	8	certified for the ERCOT power region.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.005, Utilities Code, is amended to
11	11	read as follows:
12	12	Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
13	13	Commission of Texas is subject to Chapter 325, Government Code
14	14	(Texas Sunset Act). Unless continued in existence as provided by
15	15	that chapter or by Chapter 39, the commission is abolished and this
16	16	title expires September 1, 2023 [2025].
17	17	SECTION 2. Section 13.002, Utilities Code, is amended to
18	18	read as follows:
19	19	Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
20	20	Public Utility Counsel is subject to Chapter 325, Government Code
21	21	(Texas Sunset Act). Unless continued in existence as provided by
22	22	that chapter, the office is abolished and this chapter expires
23	23	September 1, 2023 [2025].
24	24	SECTION 3. Sections 12.051(a) and (b), Utilities Code, are
25	25	amended to read as follows:
26	26	(a) The commission is composed of:
27	27	(1) one [three] commissioner [commissioners]
28	28	appointed by the governor with the advice and consent of the senate;
29	29	(2) two commissioners appointed by the governor from a
30	30	list of names submitted by the Office of Public Utility Counsel;
31	31	(3) one commissioner appointed by the speaker of the
32	32	house of representatives with the advice and consent of the senate;
33	33	and
34	34	(4) one commissioner appointed by the lieutenant
35	35	governor with the advice and consent of the senate.
36	36	(b) The list of names submitted by the Office of Public
37	37	Utility Counsel must consist of individuals:
38	38	(1) with a demonstrated history of representing
39	39	consumers;
40	40	(c) A person is not eligible for appointment by the governor
41	41	from a list of names submitted by the Office of Public Utility
42	42	Counsel if:
43	43	(1) the person served on the board of directors of a
44	44	company that supplies fuel, utility-related services, or
45	45	utility-related products to regulated or unregulated electric or
46	46	telecommunications utilities at any time during the previous
47	47	five-year period; or
48	48	(2) the person or the person's spouse:
49	49	(A) was employed by or participated in the
50	50	management of a business entity or other organization that is
51	51	regulated by or receives funds from the commission at any time
52	52	during the previous five-year period;
53	53	(B) at any time during the previous five-year
54	54	period, directly or indirectly owned or controlled more than a 10
55	55	percent interest in:
56	56	(i) a business entity or other organization
57	57	that is regulated by or receives funds from the commission; or
58	58	(ii) a utility competitor, utility
59	59	supplier, or other entity affected by a commission decision in a
60	60	manner other than by the setting of rates for that class of
61	61	customer;
62	62	(C) used or received a substantial amount of
63	63	tangible goods, services, or funds from the commission, other than
64	64	compensation or reimbursement authorized by law for commission
65	65	membership, attendance, or expenses at any time during the previous
66	66	five-year period; or
67	67	(d) An appointment to the commission shall be made without
68	68	regard to the race, color, disability, sex, religion, age, or
69	69	national origin of the appointee.
70	70	SECTION 4. Section 12.055, Utilities Code, is amended to
71	71	read as follows:
72	72	Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A
73	73	person may not seek nomination or election to another civil office
74	74	of this state or of the United States while serving as a
75	75	commissioner. If a commissioner files for nomination or election to
76	76	another civil office of this state or of the United States, the
77	77	person's office as commissioner immediately becomes vacant, and the
78	78	governor, speaker of the house of representatives, or lieutenant
79	79	governor, as applicable, shall appoint a successor in accordance
80	80	with Section 12.051.
81	81	SECTION 5. Subchapter A, Chapter 39, Utilities Code, is
82	82	amended by adding Section 39.1514 to read as follows:
83	83	39.1514. RELIABILITY MONITOR. (a) An independent
84	84	organization certified under Section 39.151 shall contract with an
85	85	entity selected by the commission to act as the commission's
86	86	reliability monitor.
87	87	(1) The entity selected to act as the reliability
88	88	monitor may not be the independent organization or the commission.
89	89	Section 6. The Public Utility Commission of Texas shall adopt
90	90	any rules necessary to implement the changes in law made by Section
91	91	39.1514 not later than December 1, 2021.
92	92	SECTION 7. This Act takes effect September 1, 2021.