By: Anchia H.B. No. 4560
A BILL TO BE ENTITLED
AN ACT
relating to the Public Utility Commission of Texas, the Office of
the Public Utility Counsel, and the independent organization
certified for the ERCOT power region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.005, Utilities Code, is amended to
read as follows:
Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
Commission of Texas is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter or by Chapter 39, the commission is abolished and this
title expires September 1, 2023 [2025].
SECTION 2. Section 13.002, Utilities Code, is amended to
read as follows:
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the office is abolished and this chapter expires
September 1, 2023 [2025].
SECTION 3. Sections 12.051(a) and (b), Utilities Code, are
amended to read as follows:
(a) The commission is composed of:
(1) one [three] commissioner [commissioners]
appointed by the governor with the advice and consent of the senate;
(2) two commissioners appointed by the governor from a
list of names submitted by the Office of Public Utility Counsel;
(3) one commissioner appointed by the speaker of the
house of representatives with the advice and consent of the senate;
and
(4) one commissioner appointed by the lieutenant
governor with the advice and consent of the senate.
(b) The list of names submitted by the Office of Public
Utility Counsel must consist of individuals:
(1) with a demonstrated history of representing
consumers;
(c) A person is not eligible for appointment by the governor
from a list of names submitted by the Office of Public Utility
Counsel if:
(1) the person served on the board of directors of a
company that supplies fuel, utility-related services, or
utility-related products to regulated or unregulated electric or
telecommunications utilities at any time during the previous
five-year period; or
(2) the person or the person's spouse:
(A) was employed by or participated in the
management of a business entity or other organization that is
regulated by or receives funds from the commission at any time
during the previous five-year period;
(B) at any time during the previous five-year
period, directly or indirectly owned or controlled more than a 10
percent interest in:
(i) a business entity or other organization
that is regulated by or receives funds from the commission; or
(ii) a utility competitor, utility
supplier, or other entity affected by a commission decision in a
manner other than by the setting of rates for that class of
customer;
(C) used or received a substantial amount of
tangible goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses at any time during the previous
five-year period; or
(d) An appointment to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
SECTION 4. Section 12.055, Utilities Code, is amended to
read as follows:
Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A
person may not seek nomination or election to another civil office
of this state or of the United States while serving as a
commissioner. If a commissioner files for nomination or election to
another civil office of this state or of the United States, the
person's office as commissioner immediately becomes vacant, and the
governor, speaker of the house of representatives, or lieutenant
governor, as applicable, shall appoint a successor in accordance
with Section 12.051.
SECTION 5. Subchapter A, Chapter 39, Utilities Code, is
amended by adding Section 39.1514 to read as follows:
39.1514. RELIABILITY MONITOR. (a) An independent
organization certified under Section 39.151 shall contract with an
entity selected by the commission to act as the commission's
reliability monitor.
(1) The entity selected to act as the reliability
monitor may not be the independent organization or the commission.
Section 6. The Public Utility Commission of Texas shall adopt
any rules necessary to implement the changes in law made by Section
39.1514 not later than December 1, 2021.
SECTION 7. This Act takes effect September 1, 2021.