Texas 2021 - 87th Regular

Texas Senate Bill SB853 Compare Versions

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

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1	1	By: Menéndez S.B. No. 853
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of the Texas Energy and
7	7	Communications Commission to consolidate the functions of the
8	8	Public Utility Commission of Texas and the Railroad Commission of
9	9	Texas.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. RAILROAD COMMISSION OF TEXAS REESTABLISHED AS TEXAS
12	12	ENERGY AND COMMUNICATIONS COMMISSION
13	13	SECTION 1.01. The heading to Chapter 81, Natural Resources
14	14	Code, is amended to read as follows:
15	15	CHAPTER 81. TEXAS ENERGY AND COMMUNICATIONS [RAILROAD] COMMISSION
16	16	[OF TEXAS]
17	17	SECTION 1.02. Section 81.001, Natural Resources Code, is
18	18	amended to read as follows:
19	19	Sec. 81.001. DEFINITIONS. In this chapter:
20	20	(1) "Commission" means the Texas Energy and
21	21	Communications [Railroad] Commission [of Texas].
22	22	(2) "Commissioner" means any member of the Texas
23	23	Energy and Communications [Railroad] Commission [of Texas].
24	24	SECTION 1.03. Subchapter A, Chapter 81, Natural Resources
25	25	Code, is amended by adding Section 81.003 to read as follows:
26	26	Sec. 81.003. TEXAS ENERGY AND COMMUNICATIONS COMMISSION.
27	27	(a) The Railroad Commission of Texas is reestablished as the Texas
28	28	Energy and Communications Commission.
29	29	(b) A reference in law to the Railroad Commission of Texas
30	30	means the Texas Energy and Communications Commission.
31	31	SECTION 1.04. (a) On January 1, 2012:
32	32	(1) the name of the Railroad Commission of Texas is
33	33	changed to the Texas Energy and Communications Commission, and all
34	34	powers, duties, rights, and obligations of the Railroad Commission
35	35	of Texas are the powers, duties, rights, and obligations of the
36	36	Texas Energy and Communications Commission;
37	37	(2) a member of the Railroad Commission of Texas is a
38	38	member of the Texas Energy and Communications Commission; and
39	39	(3) any appropriation to the Railroad Commission of
40	40	Texas is an appropriation to the Texas Energy and Communications
41	41	Commission.
42	42	(b) On or after January 1, 2012, a reference in law to the
43	43	Railroad Commission of Texas means the Texas Energy and
44	44	Communications Commission.
45	45	(c) The Texas Energy and Communications Commission is the
46	46	successor to the Railroad Commission of Texas in all respects. All
47	47	personnel, equipment, data, documents, facilities, contracts,
48	48	items, other property, rules, decisions, and proceedings of or
49	49	involving the Railroad Commission of Texas are unaffected by the
50	50	change in the name of the agency.
51	51	SECTION 1.05. This article takes effect January 1, 2012.
52	52	ARTICLE 2. PUBLIC UTILITY COMMISSION OF TEXAS ABOLISHED; POWERS AND
53	53	DUTIES TRANSFERRED TO TEXAS ENERGY AND COMMUNICATIONS COMMISSION
54	54	SECTION 2.01. (a) The powers, duties, obligations, rights,
55	55	contracts, records, employees, property, funds, and appropriations
56	56	of the Public Utility Commission of Texas are transferred to the
57	57	Texas Energy and Communications Commission on September 1, 2012, as
58	58	provided by this section.
59	59	(b) The Railroad Commission of Texas and the Texas Energy
60	60	and Communications Commission shall administer the transfer
61	61	described by Subsection (a) of this section. The Public Utility
62	62	Commission of Texas shall cooperate with and assist in the transfer
63	63	planning and administration.
64	64	(c) The Railroad Commission of Texas and the Texas Energy
65	65	and Communications Commission shall ensure that the transfer
66	66	described by Subsection (a) of this section does not adversely
67	67	affect a proceeding pending before the Public Utility Commission of
68	68	Texas or the rights of the parties to the proceeding.
69	69	(d) After the transfer has been completed, the Texas Energy
70	70	and Communications Commission shall prepare a written report
71	71	detailing the specifics of the transfer described by Subsection (a)
72	72	of this section and shall submit the report to the governor and the
73	73	legislature.
74	74	SECTION 2.02. On September 1, 2012:
75	75	(1) all powers, duties, functions, programs, and
76	76	activities of the Public Utility Commission of Texas are
77	77	transferred to the Texas Energy and Communications Commission;
78	78	(2) all obligations, rights, contracts, records, and
79	79	property in the custody of the Public Utility Commission of Texas
80	80	and all funds appropriated by the legislature to the Public Utility
81	81	Commission of Texas are transferred to the Texas Energy and
82	82	Communications Commission;
83	83	(3) all employees of the Public Utility Commission of
84	84	Texas become employees of the Texas Energy and Communications
85	85	Commission, to be assigned duties by the Texas Energy and
86	86	Communications Commission;
87	87	(4) the Public Utility Commission of Texas is
88	88	abolished; and
89	89	(5) a reference in law to the Public Utility
90	90	Commission of Texas means the Texas Energy and Communications
91	91	Commission.
92	92	SECTION 2.03. (a) On September 1, 2012, a rule, policy,
93	93	procedure, decision, or form adopted by the Public Utility
94	94	Commission of Texas that relates to the regulation of the electric
95	95	or telecommunications industries is a rule, policy, procedure,
96	96	decision, or form of the Texas Energy and Communications Commission
97	97	and remains in effect until altered by the Texas Energy and
98	98	Communications Commission. The secretary of state may adopt rules
99	99	as necessary to expedite the implementation of this subsection.
100	100	(b) On September 1, 2012, a rule, policy, procedure,
101	101	decision, or form of the Public Utility Commission of Texas that
102	102	relates to the management and daily operation of the Public Utility
103	103	Commission of Texas, to the extent of any conflict, is superseded by
104	104	the rules, policies, procedures, decisions, and forms of the Texas
105	105	Energy and Communications Commission relating to the management and
106	106	daily operation of the Texas Energy and Communications Commission.
107	107	SECTION 2.04. (a) The abolition of the Public Utility
108	108	Commission of Texas and the transfer of its powers, duties,
109	109	functions, programs, activities, obligations, rights, contracts,
110	110	records, property, funds, and employees to the Texas Energy and
111	111	Communications Commission does not affect or impair an act done,
112	112	any obligation, right, order, permit, certificate, rule,
113	113	criterion, standard, or requirement existing, any investigation
114	114	begun, or any penalty accrued under former law, and that law remains
115	115	in effect for any action concerning those matters.
116	116	(b) An action brought or proceeding commenced before the
117	117	effective date of a transfer prescribed by this Act, including a
118	118	contested case or a remand of an action or proceeding by a reviewing
119	119	court, is governed by the laws and rules applicable to the action or
120	120	proceeding before the transfer.
121	121	ARTICLE 3. CONFORMING AMENDMENTS
122	122	SECTION 3.01. Section 11.002(c), Utilities Code, is amended
123	123	to read as follows:
124	124	(c) Significant changes have occurred in the
125	125	telecommunications and electric power industries since the Public
126	126	Utility Regulatory Act was originally adopted. Changes in
127	127	technology and market structure have increased the need for minimum
128	128	standards of service quality, customer service, and fair business
129	129	practices to ensure high-quality service to customers and a healthy
130	130	marketplace where competition is permitted by law. It is the
131	131	purpose of this title to grant the Texas Energy and Communications
132	132	[Public Utility] Commission [of Texas] authority to make and
133	133	enforce rules necessary to protect customers of telecommunications
134	134	and electric services consistent with the public interest.
135	135	SECTION 3.02. Sections 11.003(4) and (5), Utilities Code,
136	136	are amended to read as follows:
137	137	(4) "Commission" means the Texas Energy and
138	138	Communications [Public Utility] Commission [of Texas].
139	139	(5) "Commissioner" means a member of the Texas Energy
140	140	and Communications [Public Utility] Commission [of Texas].
141	141	SECTION 3.03. Section 12.001, Utilities Code, is amended to
142	142	read as follows:
143	143	Sec. 12.001. TEXAS ENERGY AND COMMUNICATIONS [PUBLIC
144	144	UTILITY] COMMISSION [OF TEXAS]. The Texas Energy and
145	145	Communications [Public Utility] Commission [of Texas] exercises
146	146	the jurisdiction and powers conferred by this title.
147	147	SECTION 3.04. Section 12.201, Utilities Code, is amended to
148	148	read as follows:
149	149	Sec. 12.201. PUBLIC INTEREST INFORMATION. (a) The
150	150	commission shall prepare information of public interest describing
151	151	the functions of the commission under this title and the
152	152	commission's procedures by which a complaint concerning a matter
153	153	subject to this title is filed with and resolved by the commission.
154	154	The commission shall make the information available to the public
155	155	and appropriate state agencies.
156	156	(b) The commission by rule shall establish methods by which
157	157	consumers and service recipients are notified of the name, mailing
158	158	address, and telephone number of the commission for the purpose of
159	159	directing [complaints] to the commission complaints concerning a
160	160	matter subject to this title.
161	161	SECTION 3.05. Sections 12.202(a) and (c), Utilities Code,
162	162	are amended to read as follows:
163	163	(a) The commission shall develop and implement policies
164	164	that provide the public with a reasonable opportunity to appear
165	165	before the commission and to speak on any issue under the
166	166	jurisdiction of the commission under this title.
167	167	(c) The commission shall prepare and maintain a written plan
168	168	that describes how a person who does not speak English may be
169	169	provided reasonable access to the commission's programs and
170	170	services under this title.
171	171	SECTION 3.06. Section 12.203(a), Utilities Code, is amended
172	172	to read as follows:
173	173	(a) The commission shall prepare annually a complete and
174	174	detailed written report accounting for all funds received and
175	175	disbursed by the commission under this title during the preceding
176	176	fiscal year. The annual report must meet the reporting
177	177	requirements applicable to financial reporting in the General
178	178	Appropriations Act.
179	179	SECTION 3.07. Section 12.204, Utilities Code, is amended to
180	180	read as follows:
181	181	Sec. 12.204. INTERNET FOR HEARINGS AND MEETINGS. The
182	182	commission shall make publicly accessible without charge live
183	183	Internet video of all public hearings and meetings the commission
184	184	holds under this title for viewing from the Internet website found
185	185	at http://www.puc.state.tx.us. The commission may recover the
186	186	costs of administering this section by imposing an assessment
187	187	against a:
188	188	(1) public utility;
189	189	(2) corporation described by Section 32.053;
190	190	(3) retail electric provider that serves more than
191	191	250,000 customers; or
192	192	(4) power generation company that owns more than 5,000
193	193	megawatts of installed capacity in this state.
194	194	SECTION 3.08. Section 14.002, Utilities Code, is amended to
195	195	read as follows:
196	196	Sec. 14.002. RULES. The commission shall adopt and enforce
197	197	rules reasonably required in the exercise of its powers and
198	198	jurisdiction under this title.
199	199	SECTION 3.09. Sections 14.0025(a) and (b), Utilities Code,
200	200	are amended to read as follows:
201	201	(a) The commission shall develop and implement a policy to
202	202	encourage the use of:
203	203	(1) negotiated rulemaking procedures under Chapter
204	204	2008, Government Code, for the adoption of commission rules under
205	205	this title; and
206	206	(2) appropriate alternative dispute resolution
207	207	procedures under Chapter 2009, Government Code, to assist in the
208	208	resolution of internal and external disputes under the commission's
209	209	jurisdiction under this title.
210	210	(b) The commission's procedures relating to alternative
211	211	dispute resolution under this title must conform, to the extent
212	212	possible, to any model guidelines issued by the State Office of
213	213	Administrative Hearings for the use of alternative dispute
214	214	resolution by state agencies.
215	215	SECTION 3.10. Section 14.006, Utilities Code, is amended to
216	216	read as follows:
217	217	Sec. 14.006. INTERFERENCE WITH TERMS OR CONDITIONS OF
218	218	EMPLOYMENT; PRESUMPTION OF REASONABLENESS. In exercising its
219	219	jurisdiction under this title, the [The] commission may not
220	220	interfere with employee wages and benefits, working conditions, or
221	221	other terms or conditions of employment that are the product of a
222	222	collective bargaining agreement recognized under federal law. An
223	223	employee wage rate or benefit that is the product of the collective
224	224	bargaining is presumed to be reasonable.
225	225	SECTION 3.11. Section 14.007, Utilities Code, is amended to
226	226	read as follows:
227	227	Sec. 14.007. ASSISTANCE TO MUNICIPALITY. On request by the
228	228	governing body of a municipality, the commission may provide
229	229	commission employees as necessary to advise and consult with the
230	230	municipality on a [pending] matter pending under this title.
231	231	SECTION 3.12. Section 14.051, Utilities Code, is amended to
232	232	read as follows:
233	233	Sec. 14.051. PROCEDURAL POWERS. In exercising its
234	234	jurisdiction under this title, the [The] commission may:
235	235	(1) call and hold a hearing;
236	236	(2) administer an oath;
237	237	(3) receive evidence at a hearing;
238	238	(4) issue a subpoena to compel the attendance of a
239	239	witness or the production of a document; and
240	240	(5) make findings of fact and decisions to administer
241	241	this title or a rule, order, or other action of the commission.
242	242	SECTION 3.13. Sections 14.052(a) and (b), Utilities Code,
243	243	are amended to read as follows:
244	244	(a) The commission shall adopt and enforce rules governing
245	245	practice and procedure before the commission under this title and,
246	246	as applicable, practice and procedure before the utility division
247	247	of the State Office of Administrative Hearings under this title.
248	248	(b) The commission shall adopt rules that authorize an
249	249	administrative law judge acting under this title to:
250	250	(1) limit the amount of time that a party may have to
251	251	present its case;
252	252	(2) limit the number of requests for information that
253	253	a party may make in a contested case;
254	254	(3) require a party to a contested case to identify
255	255	contested issues and facts before the hearing begins;
256	256	(4) limit cross-examination to only those issues and
257	257	facts identified before the hearing and to any new issues that may
258	258	arise as a result of the discovery process; and
259	259	(5) group parties, other than the office, that have
260	260	the same position on an issue to facilitate cross-examination on
261	261	that issue.
262	262	SECTION 3.14. Sections 14.053(a) and (b), Utilities Code,
263	263	are amended to read as follows:
264	264	(a) The utility division of the State Office of
265	265	Administrative Hearings shall conduct each hearing in a contested
266	266	case under this title that is not conducted by one or more
267	267	commissioners.
268	268	(b) The commission may delegate to the utility division of
269	269	the State Office of Administrative Hearings the authority to make a
270	270	final decision and to issue findings of fact, conclusions of law,
271	271	and other necessary orders in a proceeding under this title in which
272	272	there is not a contested issue of fact or law.
273	273	SECTION 3.15. Section 14.054(a), Utilities Code, is amended
274	274	to read as follows:
275	275	(a) The commission by rule shall adopt procedures governing
276	276	the use of settlements to resolve contested cases under this title.
277	277	SECTION 3.16. Sections 14.057(a) and (b), Utilities Code,
278	278	are amended to read as follows:
279	279	(a) A commission order under this title must be in writing
280	280	and contain detailed findings of the facts on which it is passed.
281	281	(b) The commission shall retain a copy of the transcript and
282	282	the exhibits in any matter in which the commission issues an order
283	283	under this title.
284	284	SECTION 3.17. Section 15.001, Utilities Code, is amended to
285	285	read as follows:
286	286	Sec. 15.001. RIGHT TO JUDICIAL REVIEW. Any party to a
287	287	proceeding before the commission under this title is entitled to
288	288	judicial review under the substantial evidence rule.
289	289	SECTION 3.18. Section 15.002, Utilities Code, is amended to
290	290	read as follows:
291	291	Sec. 15.002. COMMISSION AS DEFENDANT. The commission must
292	292	be a defendant in a proceeding for judicial review under this title.
293	293	SECTION 3.19. Section 15.003(a), Utilities Code, is amended
294	294	to read as follows:
295	295	(a) A party represented by counsel who alleges that existing
296	296	rates are excessive or that rates prescribed by the commission are
297	297	excessive and who prevails in a proceeding for review of a
298	298	commission order or decision under this title is entitled in the
299	299	same action to recover against the regulation fund reasonable fees
300	300	for attorneys and expert witnesses and other costs for the party's
301	301	efforts before the commission and the court.
302	302	SECTION 3.20. Section 15.004, Utilities Code, is amended to
303	303	read as follows:
304	304	Sec. 15.004. JUDICIAL STAY OR SUSPENSION. While an appeal
305	305	of an order, ruling, or decision of a regulatory authority under
306	306	this title is pending, the district court, court of appeals, or
307	307	supreme court, as appropriate, may stay or suspend all or part of
308	308	the operation of the order, ruling, or decision. In granting or
309	309	refusing a stay or suspension, the court shall act in accordance
310	310	with the practice of a court exercising equity jurisdiction.
311	311	SECTION 3.21. Section 15.022, Utilities Code, is amended to
312	312	read as follows:
313	313	Sec. 15.022. CONTEMPT. The commission may file a court
314	314	action for contempt against a person who:
315	315	(1) fails to comply with a lawful order of the
316	316	commission under this title;
317	317	(2) fails to comply with a subpoena or subpoena duces
318	318	tecum issued under this title; or
319	319	(3) refuses to testify about a matter that is subject
320	320	to the commission's jurisdiction under this title and on which the
321	321	person may be lawfully interrogated.
322	322	SECTION 3.22. Sections 15.024(a), (b), (d), (e), and (f),
323	323	Utilities Code, are amended to read as follows:
324	324	(a) If the commission [executive director] determines that
325	325	a violation of this title or a rule or order adopted under this
326	326	title has occurred, the commission [executive director] may issue
327	327	[to the commission] a report that states:
328	328	(1) the facts on which the determination is based;
329	329	(2) whether [and] the commission proposes to impose
330	330	[executive director's recommendation on the imposition of] an
331	331	administrative penalty; and
332	332	(3) if a penalty is proposed, [including a
333	333	recommendation on] the amount of the proposed penalty.
334	334	(b) Not later than the 14th day after the date the report is
335	335	issued, the commission [executive director] shall give written
336	336	notice of the report to the person against whom the penalty may be
337	337	imposed [assessed]. The notice may be given by certified mail. The
338	338	notice must:
339	339	(1) include a brief summary of the alleged violation;
340	340	(2) state the amount of the proposed [recommended]
341	341	penalty; and
342	342	(3) inform the person that the person has a right to a
343	343	hearing on the occurrence of the violation, the amount of the
344	344	penalty, or both the occurrence of the violation and the amount of
345	345	the penalty.
346	346	(d) Not later than the 20th day after the date the person
347	347	receives the notice, the person may accept the determination and
348	348	proposed [recommended] penalty of the commission [executive
349	349	director] in writing or may make a written request for a hearing on
350	350	the occurrence of the violation, the amount of the penalty, or both
351	351	the occurrence of the violation and the amount of the penalty.
352	352	(e) If the person accepts the commission's [executive
353	353	director's] determination and proposed [recommended] penalty, the
354	354	commission by order shall approve the determination and impose the
355	355	proposed [recommended] penalty.
356	356	(f) If the person requests a hearing or fails to timely
357	357	respond to the notice, the commission [executive director] shall
358	358	set a hearing and give notice of the hearing to the person. The
359	359	hearing shall be held by an administrative law judge of the State
360	360	Office of Administrative Hearings. The administrative law judge
361	361	shall make findings of fact and conclusions of law and promptly
362	362	issue to the commission a proposal for a decision about the
363	363	occurrence of the violation and the amount of a proposed penalty.
364	364	Based on the findings of fact, conclusions of law, and proposal for
365	365	a decision, the commission by order may find that a violation has
366	366	occurred and impose a penalty or may find that no violation
367	367	occurred.
368	368	SECTION 3.23. Section 15.025, Utilities Code, is amended to
369	369	read as follows:
370	370	Sec. 15.025. PAYMENT OF ADMINISTRATIVE PENALTY. (a) Not
371	371	later than the 30th day after the date the commission's order
372	372	imposing an administrative penalty under this subchapter is final
373	373	as provided by Section 2001.144, Government Code, the person shall:
374	374	(1) pay the amount of the penalty;
375	375	(2) pay the amount of the penalty and file a petition
376	376	for judicial review contesting:
377	377	(A) the occurrence of the violation;
378	378	(B) the amount of the penalty; or
379	379	(C) both the occurrence of the violation and the
380	380	amount of the penalty; or
381	381	(3) without paying the amount of the penalty, file a
382	382	petition for judicial review contesting:
383	383	(A) the occurrence of the violation;
384	384	(B) the amount of the penalty; or
385	385	(C) both the occurrence of the violation and the
386	386	amount of the penalty.
387	387	(b) Not later than the 30th day after the date the
388	388	commission's order is final as provided by Section 2001.144,
389	389	Government Code, a person who acts under Subsection (a)(3) may:
390	390	(1) stay enforcement of the penalty by:
391	391	(A) paying the amount of the penalty to the court
392	392	for placement in an escrow account; or
393	393	(B) giving to the court a supersedeas bond that
394	394	is approved by the court for the amount of the penalty and that is
395	395	effective until all judicial review of the commission's order is
396	396	final; or
397	397	(2) request the court to stay enforcement of the
398	398	penalty by:
399	399	(A) filing with the court a sworn affidavit of
400	400	the person stating that the person is financially unable to pay the
401	401	amount of the penalty and is financially unable to give the
402	402	supersedeas bond; and
403	403	(B) giving a copy of the affidavit to the
404	404	commission [executive director] by certified mail.
405	405	(c) The commission [executive director], on receipt of a
406	406	copy of an affidavit under Subsection (b)(2), may file with the
407	407	court, not later than the fifth day after the date the copy is
408	408	received, a contest to the affidavit. The court shall hold a
409	409	hearing on the facts alleged in the affidavit as soon as practicable
410	410	and shall stay the enforcement of the penalty on finding that the
411	411	alleged facts are true. The person who files an affidavit has the
412	412	burden of proving that the person is financially unable to pay the
413	413	amount of the penalty and to give a supersedeas bond.
414	414	(d) If the person does not pay the amount of the penalty and
415	415	the enforcement of the penalty is not stayed, the commission
416	416	[executive director] may refer the matter to the attorney general
417	417	for collection of the amount of the penalty.
418	418	SECTION 3.24. Section 15.026(a), Utilities Code, is amended
419	419	to read as follows:
420	420	(a) Judicial review of a commission order imposing an
421	421	administrative penalty under this subchapter is:
422	422	(1) instituted by filing a petition as provided by
423	423	Subchapter G, Chapter 2001, Government Code; and
424	424	(2) under the substantial evidence rule.
425	425	SECTION 3.25. Section 15.027(c), Utilities Code, is amended
426	426	to read as follows:
427	427	(c) The commission [executive director] may delegate any
428	428	power or duty relating to an administrative penalty given the
429	429	commission [executive director] by this subchapter to a person
430	430	designated by the commission [executive director].
431	431	SECTION 3.26. Sections 15.051(b) and (c), Utilities Code,
432	432	are amended to read as follows:
433	433	(b) The commission shall keep for a reasonable period
434	434	information about each complaint filed with the commission that the
435	435	commission has authority to resolve under this title. The
436	436	information shall include:
437	437	(1) the date the complaint is received;
438	438	(2) the name of the complainant;
439	439	(3) the subject matter of the complaint;
440	440	(4) a record of each person contacted in relation to
441	441	the complaint;
442	442	(5) a summary of the results of the review or
443	443	investigation of the complaint; and
444	444	(6) if the commission took no action on the complaint,
445	445	an explanation of the reason the complaint was closed without
446	446	action.
447	447	(c) The commission shall keep a file about each written
448	448	complaint filed with the commission that the commission has
449	449	authority to resolve under this title. The commission shall
450	450	provide to the person filing the complaint and to each person or
451	451	entity complained about information concerning the commission's
452	452	policies and procedures on complaint investigation and resolution.
453	453	The commission, at least quarterly and until final disposition of
454	454	the complaint, shall notify the person filing the complaint and
455	455	each person or entity complained about of the status of the
456	456	complaint unless the notice would jeopardize an undercover
457	457	investigation.
458	458	SECTION 3.27. Section 39.157(d), Utilities Code, is amended
459	459	to read as follows:
460	460	(d) Not later than January 10, 2000, the commission shall
461	461	adopt rules and enforcement procedures to govern transactions or
462	462	activities between a transmission and distribution utility and its
463	463	competitive affiliates to avoid potential market power abuses and
464	464	cross-subsidizations between regulated and competitive activities
465	465	both during the transition to and after the introduction of
466	466	competition. Nothing in this subsection is intended to affect or
467	467	modify the obligations or duties relating to any rules or standards
468	468	of conduct that may apply to a utility or the utility's affiliates
469	469	under orders or regulations of the Federal Energy Regulatory
470	470	Commission or the Securities and Exchange Commission. A utility
471	471	that is subject to statutes or regulations in other states that
472	472	conflict with a provision of this section may petition the
473	473	commission for a waiver of the conflicting provision on a showing of
474	474	good cause. The rules adopted under this section shall ensure that:
475	475	(1) a utility makes any products and services, other
476	476	than corporate support services, that it provides to a competitive
477	477	affiliate available, contemporaneously and in the same manner, to
478	478	the competitive affiliate's competitors and applies its tariffs,
479	479	prices, terms, conditions, and discounts for those products and
480	480	services in the same manner to all similarly situated entities;
481	481	(2) a utility does not:
482	482	(A) give a competitive affiliate or a competitive
483	483	affiliate's customers any preferential advantage, access, or
484	484	treatment regarding services other than corporate support
485	485	services; or
486	486	(B) act in a manner that is discriminatory or
487	487	anticompetitive with respect to a nonaffiliated competitor of a
488	488	competitive affiliate;
489	489	(3) a utility providing electric transmission or
490	490	distribution services:
491	491	(A) provides those services on nondiscriminatory
492	492	terms and conditions;
493	493	(B) does not establish as a condition for the
494	494	provision of those services the purchase of other goods or services
495	495	from the utility or the competitive affiliate; and
496	496	(C) does not provide competitive affiliates
497	497	preferential access to the utility's transmission and distribution
498	498	systems or to information about those systems;
499	499	(4) a utility does not release any proprietary
500	500	customer information to a competitive affiliate or any other
501	501	entity, other than an independent organization as defined by
502	502	Section 39.151 or a provider of corporate support services for the
503	503	purposes of providing the services, without obtaining prior
504	504	verifiable authorization, as determined from the commission, from
505	505	the customer;
506	506	(5) a utility does not:
507	507	(A) communicate with a current or potential
508	508	customer about products or services offered by a competitive
509	509	affiliate in a manner that favors a competitive affiliate; or
510	510	(B) allow a competitive affiliate, before
511	511	September 1, 2005, to use the utility's corporate name, trademark,
512	512	brand, or logo unless the competitive affiliate includes on
513	513	employee business cards and in its advertisements of specific
514	514	services to existing or potential residential or small commercial
515	515	customers located [locating] within the utility's certificated
516	516	service area a disclaimer that states, "(Name of competitive
517	517	affiliate) is not the same company as (name of utility) and is not
518	518	regulated by the Texas Energy and Communications [Public Utility]
519	519	Commission [of Texas], and you do not have to buy (name of
520	520	competitive affiliate)'s products to continue to receive quality
521	521	regulated services from (name of utility).";
522	522	(6) a utility does not conduct joint advertising or
523	523	promotional activities with a competitive affiliate in a manner
524	524	that favors the competitive affiliate;
525	525	(7) a utility is a separate, independent entity from
526	526	any competitive affiliates and, except as provided by Subdivisions
527	527	(8) and (9), does not share employees, facilities, information, or
528	528	other resources, other than permissible corporate support
529	529	services, with those competitive affiliates unless the utility can
530	530	prove to the commission that the sharing will not compromise the
531	531	public interest;
532	532	(8) a utility's office space is physically separated
533	533	from the office space of the utility's competitive affiliates by
534	534	being located in separate buildings or, if within the same
535	535	building, by a method such as having the offices on separate floors
536	536	or with separate access, unless otherwise approved by the
537	537	commission;
538	538	(9) a utility and a competitive affiliate:
539	539	(A) may, to the extent the utility implements
540	540	adequate safeguards precluding employees of a competitive
541	541	affiliate from gaining access to information in a manner
542	542	inconsistent with Subsection (g) or (i), share common officers and
543	543	directors, property, equipment, offices to the extent consistent
544	544	with Subdivision (8), credit, investment, or financing
545	545	arrangements to the extent consistent with Subdivision (17),
546	546	computer systems, information systems, and corporate support
547	547	services; and
548	548	(B) are not required to enter into prior written
549	549	contracts or competitive solicitations for non-tariffed
550	550	transactions between the utility and the competitive affiliate,
551	551	except that the commission by rule may require the utility and the
552	552	competitive affiliate to enter into prior written contracts or
553	553	competitive solicitations for certain classes of transactions,
554	554	other than corporate support services, that have a per unit value of
555	555	more than $75,000 or that total more than $1 million;
556	556	(10) a utility does not temporarily assign, for less
557	557	than one year, employees engaged in transmission or distribution
558	558	system operations to a competitive affiliate unless the employee
559	559	does not have knowledge of information that is intended to be
560	560	protected under this section;
561	561	(11) a utility does not subsidize the business
562	562	activities of an affiliate with revenues from a regulated service;
563	563	(12) a utility and its affiliates fully allocate costs
564	564	for any shared services, corporate support services, and other
565	565	items described by Subdivisions (8) and (9);
566	566	(13) a utility and its affiliates keep separate books
567	567	of accounts and records and the commission may review records
568	568	relating to a transaction between a utility and an affiliate;
569	569	(14) assets transferred or services provided between a
570	570	utility and an affiliate, other than transfers that facilitate
571	571	unbundling under Section 39.051 or asset valuation under Section
572	572	39.262, are priced at a level that is fair and reasonable to the
573	573	customers of the utility and reflects the market value of the assets
574	574	or services or the utility's fully allocated cost to provide those
575	575	assets or services;
576	576	(15) regulated services that a utility provides on a
577	577	routine or recurring basis are included in a tariff that is subject
578	578	to commission approval;
579	579	(16) each transaction between a utility and a
580	580	competitive affiliate is conducted at arm's length; and
581	581	(17) a utility does not allow an affiliate to obtain
582	582	credit under an arrangement that would include a specific pledge of
583	583	assets in the rate base of the utility or a pledge of cash
584	584	reasonably necessary for utility operations.
585	585	SECTION 3.28. Section 163.123, Utilities Code, is amended
586	586	to read as follows:
587	587	Sec. 163.123. AUTHORITY OF TEXAS ENERGY AND COMMUNICATIONS
588	588	[PUBLIC UTILITY] COMMISSION. A joint powers agency created under
589	589	this subchapter is:
590	590	(1) subject to all applicable provisions of Title 2;
591	591	and
592	592	(2) under the jurisdiction of the Texas Energy and
593	593	Communications [Public Utility] Commission [of Texas] as provided
594	594	by Title 2.
595	595	SECTION 3.29. Section 183.001(1), Utilities Code, is
596	596	amended to read as follows:
597	597	(1) "Commission" means the Texas Energy and
598	598	Communications [Public Utility] Commission [of Texas].
599	599	SECTION 3.30. Section 184.001, Utilities Code, is amended
600	600	to read as follows:
601	601	Sec. 184.001. DEFINITION. In this chapter, "commission"
602	602	means the Texas Energy and Communications [Public Utility]
603	603	Commission [of Texas].
604	604	SECTION 3.31. Section 185.001(1), Utilities Code, is
605	605	amended to read as follows:
606	606	(1) "Commission" means the Texas Energy and
607	607	Communications [Public Utility] Commission [of Texas].
608	608	SECTION 3.32. Section 22.003(d), Agriculture Code, is
609	609	amended to read as follows:
610	610	(d) The Texas Energy and Communications [Public Utility]
611	611	Commission [of Texas] and the Texas Commission on Environmental
612	612	Quality shall assist the department as necessary to enable the
613	613	department to determine whether a facility meets the requirements
614	614	of Subsection (b) for purposes of the eligibility of farmers,
615	615	loggers, diverters, and renewable biomass aggregators and bio-coal
616	616	fuel producers for grants under this chapter.
617	617	SECTION 3.33. Section 22.007, Agriculture Code, is amended
618	618	to read as follows:
619	619	Sec. 22.007. RULES. The commissioner, in consultation
620	620	with the Texas Energy and Communications [Public Utility]
621	621	Commission [of Texas] and the Texas Commission on Environmental
622	622	Quality, shall adopt rules to implement this chapter.
623	623	SECTION 3.34. Section 50D.011(a), Agriculture Code, is
624	624	amended to read as follows:
625	625	(a) The policy council is composed of the following 17 [18]
626	626	members:
627	627	(1) the commissioner, who serves as chair of the
628	628	policy council;
629	629	(2) one representative of the Texas Energy and
630	630	Communications [Railroad] Commission [of Texas] designated by the
631	631	commission;
632	632	(3) one representative of the Texas Commission on
633	633	Environmental Quality designated by the commission;
634	634	(4) [one representative of the Public Utility
635	635	Commission of Texas designated by the commission;
636	636	[(5)] one representative of the Texas Water
637	637	Development Board designated by the board;
638	638	(5) [(6)] the chancellor of The Texas A&M University
639	639	System, or the person designated by the chancellor;
640	640	(6) [(7)] the chancellor of the Texas Tech University
641	641	System, or the person designated by the chancellor;
642	642	(7) [(8)] the chancellor of The University of Texas
643	643	System, or the person designated by the chancellor;
644	644	(8) [(9)] one member of the senate appointed by the
645	645	lieutenant governor;
646	646	(9) [(10)] one member of the house of representatives
647	647	appointed by the speaker of the house of representatives; and
648	648	(10) [(11)] eight members appointed by the governor,
649	649	with each of the following industries or groups represented by one
650	650	member:
651	651	(A) research and development of feedstock and
652	652	feedstock production;
653	653	(B) retail distribution of energy;
654	654	(C) transportation of biomass feedstock;
655	655	(D) agricultural production for bioenergy
656	656	production or agricultural waste used for production of bioenergy;
657	657	(E) production of biodiesel from nonfood
658	658	feedstocks;
659	659	(F) production of ethanol from nonfood
660	660	feedstocks;
661	661	(G) bio-based electricity generation; and
662	662	(H) chemical manufacturing.
663	663	SECTION 3.35. Section 50D.021(a), Agriculture Code, is
664	664	amended to read as follows:
665	665	(a) The research committee is composed of the following 15
666	666	[16] members:
667	667	(1) the commissioner or the person designated by the
668	668	commissioner, who serves as the chair of the research committee;
669	669	(2) one representative of the Texas Energy and
670	670	Communications [Railroad] Commission [of Texas] designated by the
671	671	commission;
672	672	(3) one representative of the Texas Commission on
673	673	Environmental Quality designated by the commission;
674	674	(4) [one representative of the Public Utility
675	675	Commission of Texas designated by the commission;
676	676	[(5)] one representative of the Texas Water
677	677	Development Board designated by the board;
678	678	(5) [(6)] one researcher or specialist in the
679	679	bioenergy field from each of the following university systems,
680	680	appointed by the chancellor of the system:
681	681	(A) The Texas A&M University System;
682	682	(B) the Texas Tech University System; and
683	683	(C) The University of Texas System; and
684	684	(6) [(7)] eight members, with a member appointed by
685	685	each policy council member appointed by the governor under Section
686	686	50D.011(a)(10) [50D.011(a)(11)].
687	687	SECTION 3.36. Section 302.053, Business & Commerce Code, is
688	688	amended to read as follows:
689	689	Sec. 302.053. EXEMPTION: PERSONS REGULATED BY OTHER
690	690	LAW. This chapter does not apply to:
691	691	(1) a person offering or selling a security that has
692	692	been qualified for sale under Section 7, The Securities Act
693	693	(Article 581-7, Vernon's Texas Civil Statutes), or that is subject
694	694	to an exemption under Section 5 or 6 of that Act;
695	695	(2) a publicly traded corporation registered with the
696	696	Securities and Exchange Commission or the State Securities Board,
697	697	or a subsidiary or agent of the corporation;
698	698	(3) a person who holds a license issued under the
699	699	Insurance Code if the solicited transaction is governed by that
700	700	code;
701	701	(4) a supervised financial institution or a parent, a
702	702	subsidiary, or an affiliate of a supervised financial institution;
703	703	(5) a person whose business is regulated by the Texas
704	704	Energy and Communications [Public Utility] Commission under Title 2
705	705	or 4, Utilities Code, [of Texas] or an affiliate of that person,
706	706	except that this chapter applies to such a person or affiliate only
707	707	with respect to one or more automated dial announcing devices;
708	708	(6) a person subject to the control or licensing
709	709	regulations of the Federal Communications Commission;
710	710	(7) a person selling a contractual plan regulated by
711	711	the Federal Trade Commission trade regulation on use of negative
712	712	option plans by sellers in commerce under 16 C.F.R. Part 425;
713	713	(8) a person subject to filing requirements under
714	714	Chapter 1803, Occupations Code; or
715	715	(9) a person who:
716	716	(A) is soliciting a transaction regulated by the
717	717	Commodity Futures Trading Commission; and
718	718	(B) is registered or holds a temporary license
719	719	for the activity described by Paragraph (A) with the Commodity
720	720	Futures Trading Commission under the Commodity Exchange Act (7
721	721	U.S.C. Section 1 et seq.), if the registration or license has not
722	722	expired or been suspended or revoked.
723	723	SECTION 3.37. Section 304.002(2), Business & Commerce Code,
724	724	is amended to read as follows:
725	725	(2) "Commission" means the Texas Energy and
726	726	Communications [Public Utility] Commission [of Texas].
727	727	SECTION 3.38. Section 1(10), Article 18.21, Code of
728	728	Criminal Procedure, is amended to read as follows:
729	729	(10) "Trap and trace device" means a device or process
730	730	that records an incoming electronic or other impulse that
731	731	identifies the originating number or other dialing, routing,
732	732	addressing, or signaling information reasonably likely to identify
733	733	the source of a wire or electronic communication, if the
734	734	information does not include the contents of the communication. The
735	735	term does not include a device or telecommunications network used
736	736	in providing:
737	737	(A) a caller identification service authorized
738	738	by the Texas Energy and Communications [Public Utility] Commission
739	739	[of Texas] under Subchapter E, Chapter 55, Utilities Code;
740	740	(B) the services referenced in Section
741	741	55.102(b), Utilities Code; or
742	742	(C) a caller identification service provided by a
743	743	commercial mobile radio service provider licensed by the Federal
744	744	Communications Commission.
745	745	SECTION 3.39. Section 88.215(b), Education Code, is amended
746	746	to read as follows:
747	747	(b) The advisory committee consists of 11 members appointed
748	748	as follows:
749	749	(1) one representative of Texas A & M University
750	750	appointed by the director of [the] Texas AgriLife Research
751	751	[Agricultural Experiment Station];
752	752	(2) one representative of Texas Tech University
753	753	appointed by the dean of the College of Agricultural Sciences and
754	754	Natural Resources [Agriculture] of Texas Tech University;
755	755	(3) one representative of The University of Texas
756	756	appointed by the vice president for research of The University of
757	757	Texas System;
758	758	(4) one representative of the Department of
759	759	Agriculture appointed by the commissioner of agriculture;
760	760	(5) one representative of the Parks and Wildlife
761	761	Department appointed by the director of the department;
762	762	(6) one representative of the Texas Energy and
763	763	Communications [Public Utility] Commission [of Texas] appointed by
764	764	the [executive director of the] commission;
765	765	(7) one representative of municipal governments
766	766	appointed by the governor;
767	767	(8) one representative of the general public appointed
768	768	by the governor;
769	769	(9) one representative of the agribusiness industry
770	770	appointed by the governor;
771	771	(10) one representative of the chemical industry
772	772	appointed by the Texas Chemical Council; and
773	773	(11) one representative of the oil and gas industry
774	774	appointed by the Texas [Mid-Continent] Oil and Gas Association.
775	775	SECTION 3.40. Section 418.051(c), Government Code, is
776	776	amended to read as follows:
777	777	(c) The communications coordination group consists of
778	778	members selected by the division, including representatives of:
779	779	(1) the Texas military forces;
780	780	(2) the Department of Public Safety of the State of
781	781	Texas;
782	782	(3) the Federal Emergency Management Agency;
783	783	(4) federal agencies that comprise Emergency Support
784	784	Function No. 2;
785	785	(5) the telecommunications industry, including cable
786	786	service providers, as defined by Section 66.002, Utilities Code;
787	787	(6) electric utilities, as defined by Section 31.002,
788	788	Utilities Code;
789	789	(7) gas utilities, as defined by Sections 101.003 and
790	790	121.001, Utilities Code;
791	791	(8) the National Guard's Joint Continental United
792	792	States Communications Support Environment;
793	793	(9) the National Guard Bureau;
794	794	(10) amateur radio operator groups;
795	795	(11) the Texas Forest Service;
796	796	(12) the Texas Department of Transportation;
797	797	(13) the General Land Office;
798	798	(14) the Texas Engineering Extension Service of The
799	799	Texas A&M University System;
800	800	(15) [the Public Utility Commission of Texas;
801	801	[(16)] the Texas Energy and Communications [Railroad]
802	802	Commission [of Texas];
803	803	(16) [(17)] the Department of State Health Services;
804	804	(17) [(18)] the judicial branch of state government;
805	805	(18) [(19)] the Texas Association of Regional
806	806	Councils;
807	807	(19) [(20)] the United States Air Force Auxiliary
808	808	Civil Air Patrol, Texas Wing;
809	809	(20) [(21)] each trauma service area regional
810	810	advisory council;
811	811	(21) [(22)] state agencies, counties, and
812	812	municipalities affected by the emergency, including 9-1-1
813	813	agencies; and
814	814	(22) [(23)] other agencies as determined by the
815	815	division.
816	816	SECTION 3.41. Section 421.021(a), Government Code, is
817	817	amended to read as follows:
818	818	(a) The Homeland Security Council is composed of the
819	819	governor or the governor's designee, the speaker of the house of
820	820	representatives or the speaker's designee, the lieutenant governor
821	821	or the lieutenant governor's designee, and one representative of
822	822	each of the following entities, appointed by the single statewide
823	823	elected or appointed governing officer, administrative head, or
824	824	chair, as appropriate, of the entity:
825	825	(1) Department of Agriculture;
826	826	(2) office of the attorney general;
827	827	(3) General Land Office;
828	828	(4) Texas Energy and Communications [Public Utility]
829	829	Commission [of Texas];
830	830	(5) Department of State Health Services;
831	831	(6) Department of Information Resources;
832	832	(7) Department of Public Safety of the State of Texas;
833	833	(8) Texas Division of Emergency Management;
834	834	(9) adjutant general's department;
835	835	(10) Texas Commission on Environmental Quality;
836	836	(11) [Railroad Commission of Texas;
837	837	[(12)] Texas Strategic Military Planning Commission;
838	838	(12) [(13)] Texas Department of Transportation;
839	839	(13) [(14)] Commission on State Emergency
840	840	Communications;
841	841	(14) [(15)] Office of State-Federal Relations;
842	842	(15) [(16)] secretary of state;
843	843	(16) [(17)] Senate Committee on Transportation and
844	844	Homeland Security;
845	845	(17) [(18)] House Committee on Defense and Veterans'
846	846	Affairs;
847	847	(18) [(19)] Texas Animal Health Commission;
848	848	(19) [(20)] Texas Association of Regional Councils;
849	849	(20) [(21)] Texas Commission on Law Enforcement
850	850	Officer Standards and Education;
851	851	(21) [(22)] state fire marshal's office;
852	852	(22) [(23)] Texas Education Agency;
853	853	(23) [(24)] Texas Commission on Fire Protection;
854	854	(24) [(25)] Parks and Wildlife Department;
855	855	(25) [(26)] Texas Forest Service; and
856	856	(26) [(27)] Texas Water Development Board.
857	857	SECTION 3.42. Section 447.006(g), Government Code, is
858	858	amended to read as follows:
859	859	(g) The state energy conservation office may analyze the
860	860	rates for electricity charged to and the amount of electricity used
861	861	by state agencies and institutions of higher education to determine
862	862	ways the state could obtain lower rates and use less electricity.
863	863	Each state agency, including the Texas Energy and Communications
864	864	[Public Utility] Commission [of Texas], and institution of higher
865	865	education shall assist the office in obtaining the information the
866	866	office needs to perform its analysis.
867	867	SECTION 3.43. Section 487.054(a), Government Code, is
868	868	amended to read as follows:
869	869	(a) At least once each year, the following agency heads or
870	870	their designees shall meet in Austin to discuss rural issues and to
871	871	provide information showing the impact each agency has on rural
872	872	communities for use in developing rural policy and compiling the
873	873	annual report under Section 487.051(a)(5):
874	874	(1) the commissioner of agriculture;
875	875	(2) a member [the executive director] of the Texas
876	876	Energy and Communications [Public Utility] Commission [of Texas];
877	877	(3) the director of the Texas AgriLife [Agricultural]
878	878	Extension Service;
879	879	(4) the executive director of the Texas Department of
880	880	Housing and Community Affairs;
881	881	(5) the commissioner of the Department of State Health
882	882	Services;
883	883	(6) the executive administrator of the Texas Water
884	884	Development Board;
885	885	(7) the executive director of the Parks and Wildlife
886	886	Department;
887	887	(8) the commissioner of higher education;
888	888	(9) the comptroller;
889	889	(10) the executive director of the Texas Department of
890	890	Transportation;
891	891	(11) the executive director of the Texas Commission on
892	892	Environmental Quality;
893	893	(12) [the executive director of the Texas Economic
894	894	Development and Tourism Office;
895	895	[(13)] the commissioner of insurance;
896	896	(13) [(14)] the commissioner of the Department of
897	897	Aging and Disability Services;
898	898	(14) [(15)] the commissioner of education;
899	899	(15) [(16)] the executive commissioner of the Health
900	900	and Human Services Commission;
901	901	(16) [(17)] the executive director of the Texas
902	902	Workforce Commission;
903	903	(17) [(18)] the executive director of the Texas
904	904	Historical Commission;
905	905	(18) [(19) a member of the Railroad Commission of
906	906	Texas;
907	907	[(20)] the executive director of the State Soil and
908	908	Water Conservation Board;
909	909	(19) [(21)] the executive director of the department;
910	910	and
911	911	(20) [(22)] the head of any other agency interested in
912	912	rural issues.
913	913	SECTION 3.44. Section 551.086(b)(3), Government Code, is
914	914	amended to read as follows:
915	915	(3) "Competitive matter" means a utility-related
916	916	matter that the public power utility governing body in good faith
917	917	determines by a vote under this section is related to the public
918	918	power utility's competitive activity, including commercial
919	919	information, and would, if disclosed, give advantage to competitors
920	920	or prospective competitors but may not be deemed to include the
921	921	following categories of information:
922	922	(A) information relating to the provision of
923	923	distribution access service, including the terms and conditions of
924	924	the service and the rates charged for the service but not including
925	925	information concerning utility-related services or products that
926	926	are competitive;
927	927	(B) information relating to the provision of
928	928	transmission service that is required to be filed with the Texas
929	929	Energy and Communications [Public Utility] Commission [of Texas],
930	930	subject to any confidentiality provided for under the rules of the
931	931	commission;
932	932	(C) information for the distribution system
933	933	pertaining to reliability and continuity of service, to the extent
934	934	not security-sensitive, that relates to emergency management,
935	935	identification of critical loads such as hospitals and police,
936	936	records of interruption, and distribution feeder standards;
937	937	(D) any substantive rule of general
938	938	applicability regarding service offerings, service regulation,
939	939	customer protections, or customer service adopted by the public
940	940	power utility as authorized by law;
941	941	(E) aggregate information reflecting receipts or
942	942	expenditures of funds of the public power utility, of the type that
943	943	would be included in audited financial statements;
944	944	(F) information relating to equal employment
945	945	opportunities for minority groups, as filed with local, state, or
946	946	federal agencies;
947	947	(G) information relating to the public power
948	948	utility's performance in contracting with minority business
949	949	entities;
950	950	(H) information relating to nuclear
951	951	decommissioning trust agreements, of the type required to be
952	952	included in audited financial statements;
953	953	(I) information relating to the amount and timing
954	954	of any transfer to an owning city's general fund;
955	955	(J) information relating to environmental
956	956	compliance as required to be filed with any local, state, or
957	957	national environmental authority, subject to any confidentiality
958	958	provided under the rules of those authorities;
959	959	(K) names of public officers of the public power
960	960	utility and the voting records of those officers for all matters
961	961	other than those within the scope of a competitive resolution
962	962	provided for by this section;
963	963	(L) a description of the public power utility's
964	964	central and field organization, including the established places at
965	965	which the public may obtain information, submit information and
966	966	requests, or obtain decisions and the identification of employees
967	967	from whom the public may obtain information, submit information or
968	968	requests, or obtain decisions; or
969	969	(M) information identifying the general course
970	970	and method by which the public power utility's functions are
971	971	channeled and determined, including the nature and requirements of
972	972	all formal and informal policies and procedures.
973	973	SECTION 3.45. Section 552.133(a)(3), Government Code, is
974	974	amended to read as follows:
975	975	(3) "Competitive matter" means a utility-related
976	976	matter that the public power utility governing body in good faith
977	977	determines by a vote under this section is related to the public
978	978	power utility's competitive activity, including commercial
979	979	information, and would, if disclosed, give advantage to competitors
980	980	or prospective competitors but may not be deemed to include the
981	981	following categories of information:
982	982	(A) information relating to the provision of
983	983	distribution access service, including the terms and conditions of
984	984	the service and the rates charged for the service but not including
985	985	information concerning utility-related services or products that
986	986	are competitive;
987	987	(B) information relating to the provision of
988	988	transmission service that is required to be filed with the Texas
989	989	Energy and Communications [Public Utility] Commission [of Texas],
990	990	subject to any confidentiality provided for under the rules of the
991	991	commission;
992	992	(C) information for the distribution system
993	993	pertaining to reliability and continuity of service, to the extent
994	994	not security-sensitive, that relates to emergency management,
995	995	identification of critical loads such as hospitals and police,
996	996	records of interruption, and distribution feeder standards;
997	997	(D) any substantive rule of general
998	998	applicability regarding service offerings, service regulation,
999	999	customer protections, or customer service adopted by the public
1000	1000	power utility as authorized by law;
1001	1001	(E) aggregate information reflecting receipts or
1002	1002	expenditures of funds of the public power utility, of the type that
1003	1003	would be included in audited financial statements;
1004	1004	(F) information relating to equal employment
1005	1005	opportunities for minority groups, as filed with local, state, or
1006	1006	federal agencies;
1007	1007	(G) information relating to the public power
1008	1008	utility's performance in contracting with minority business
1009	1009	entities;
1010	1010	(H) information relating to nuclear
1011	1011	decommissioning trust agreements, of the type required to be
1012	1012	included in audited financial statements;
1013	1013	(I) information relating to the amount and timing
1014	1014	of any transfer to an owning city's general fund;
1015	1015	(J) information relating to environmental
1016	1016	compliance as required to be filed with any local, state, or
1017	1017	national environmental authority, subject to any confidentiality
1018	1018	provided under the rules of those authorities;
1019	1019	(K) names of public officers of the public power
1020	1020	utility and the voting records of those officers for all matters
1021	1021	other than those within the scope of a competitive resolution
1022	1022	provided for by this section;
1023	1023	(L) a description of the public power utility's
1024	1024	central and field organization, including the established places at
1025	1025	which the public may obtain information, submit information and
1026	1026	requests, or obtain decisions and the identification of employees
1027	1027	from whom the public may obtain information, submit information or
1028	1028	requests, or obtain decisions; or
1029	1029	(M) information identifying the general course
1030	1030	and method by which the public power utility's functions are
1031	1031	channeled and determined, including the nature and requirements of
1032	1032	all formal and informal policies and procedures.
1033	1033	SECTION 3.46. Section 555.051(a), Government Code, is
1034	1034	amended to read as follows:
1035	1035	(a) This section applies only to information held by or for
1036	1036	the office of the attorney general, the Texas Department of
1037	1037	Insurance, the Texas State Board of Public Accountancy, the Texas
1038	1038	Energy and Communications [Public Utility] Commission [of Texas],
1039	1039	the State Securities Board, the Department of Savings and Mortgage
1040	1040	Lending, the Texas Real Estate Commission, the Texas Appraiser
1041	1041	Licensing and Certification Board, the Texas Department of Banking,
1042	1042	the credit union department, the Office of Consumer Credit
1043	1043	Commissioner, or the Texas Department of Housing and Community
1044	1044	Affairs that relates to the possible commission of corporate fraud
1045	1045	or mortgage fraud by a person who is licensed or otherwise regulated
1046	1046	by any of those state agencies. In this subsection, "corporate
1047	1047	fraud" means a violation of state or federal law or rules relating
1048	1048	to fraud committed by a corporation, limited liability company, or
1049	1049	registered limited liability partnership or an officer, director,
1050	1050	or partner of those entities while acting in a representative
1051	1051	capacity.
1052	1052	SECTION 3.47. Section 572.003(c), Government Code, is
1053	1053	amended to read as follows:
1054	1054	(c) The term means a member of:
1055	1055	(1) [the Public Utility Commission of Texas;
1056	1056	[(2) the Texas Department of Economic Development;
1057	1057	[(3)] the Texas Commission on Environmental Quality;
1058	1058	(2) [(4)] the Texas Alcoholic Beverage Commission;
1059	1059	(3) [(5)] The Finance Commission of Texas;
1060	1060	(4) [(6)] the Texas Facilities Commission;
1061	1061	(5) [(7)] the Texas Board of Criminal Justice;
1062	1062	(6) [(8)] the board of trustees of the Employees
1063	1063	Retirement System of Texas;
1064	1064	(7) [(9)] the Texas Transportation Commission;
1065	1065	(8) [(10) the Texas Workers' Compensation
1066	1066	Commission;
1067	1067	[(11)] the Texas Department of Insurance;
1068	1068	(9) [(12)] the Parks and Wildlife Commission;
1069	1069	(10) [(13)] the Public Safety Commission;
1070	1070	(11) [(14)] the Texas Ethics Commission;
1071	1071	(12) [(15)] the State Securities Board;
1072	1072	(13) [(16)] the Texas Water Development Board;
1073	1073	(14) [(17)] the governing board of a public senior
1074	1074	college or university as defined by Section 61.003, Education Code,
1075	1075	or of The University of Texas Southwestern Medical Center at
1076	1076	Dallas, The University of Texas Medical Branch at Galveston, The
1077	1077	University of Texas Health Science Center at Houston, The
1078	1078	University of Texas Health Science Center at San Antonio, The
1079	1079	University of Texas System M. D. Anderson Cancer Center, The
1080	1080	University of Texas Health Science Center at Tyler, University of
1081	1081	North Texas Health Science Center at Fort Worth, Texas Tech
1082	1082	University Health Sciences Center, Texas State Technical
1083	1083	College--Harlingen, Texas State Technical College--Marshall, Texas
1084	1084	State Technical College--Sweetwater, or Texas State Technical
1085	1085	College--Waco;
1086	1086	(15) [(18)] the Texas Higher Education Coordinating
1087	1087	Board;
1088	1088	(16) [(19)] the Texas Workforce Commission;
1089	1089	(17) [(21)] the board of trustees of the Teacher
1090	1090	Retirement System of Texas;
1091	1091	(18) [(22)] the Credit Union Commission;
1092	1092	(19) [(23)] the School Land Board;
1093	1093	(20) [(24)] the board of the Texas Department of
1094	1094	Housing and Community Affairs;
1095	1095	(21) [(25)] the Texas Racing Commission;
1096	1096	(22) [(26)] the State Board of Dental Examiners;
1097	1097	(23) [(27)] the Texas Medical [State] Board [of
1098	1098	Medical Examiners];
1099	1099	(24) [(28)] the Board of Pardons and Paroles;
1100	1100	(25) [(29)] the Texas State Board of Pharmacy;
1101	1101	(26) [(30)] the Department of Information Resources
1102	1102	governing board;
1103	1103	(27) [(31)] the Motor Vehicle Board;
1104	1104	(28) [(32)] the Texas Real Estate Commission;
1105	1105	(29) [(33)] the board of directors of the State Bar of
1106	1106	Texas;
1107	1107	(30) [(34)] the bond review board;
1108	1108	(31) [(35)] the [Texas Board of] Health and Human
1109	1109	Services Commission;
1110	1110	(32) [(36) the Texas Board of Mental Health and
1111	1111	Mental Retardation;
1112	1112	[(37) the Texas Board on Aging;
1113	1113	[(38) the Texas Board of Human Services;
1114	1114	[(39)] the Texas Funeral Service Commission;
1115	1115	(33) [(40)] the board of directors of a river
1116	1116	authority created under the Texas Constitution or a statute of this
1117	1117	state; or
1118	1118	(34) [(41)] the Texas Lottery Commission.
1119	1119	SECTION 3.48. Section 660.203(a), Government Code, is
1120	1120	amended to read as follows:
1121	1121	(a) An individual is entitled to reimbursement for the
1122	1122	actual expense of meals and lodging incurred while performing the
1123	1123	duties of the individual's office or employment if the individual
1124	1124	is:
1125	1125	(1) a judicial officer;
1126	1126	(2) a chief administrative officer of a state agency,
1127	1127	subject to Subsection (c);
1128	1128	(3) the executive director of the Texas Legislative
1129	1129	Council;
1130	1130	(4) the secretary of the senate;
1131	1131	(5) a member of the Texas [Natural Resource
1132	1132	Conservation] Commission on Environmental Quality, the Texas
1133	1133	Workforce Commission, the Texas Energy and Communications [Public
1134	1134	Utility] Commission [of Texas], the Board of Pardons and Paroles,
1135	1135	or the Sabine River Compact Administration; or
1136	1136	(6) a full-time member of a board and receives a salary
1137	1137	from the state for service on that board.
1138	1138	SECTION 3.49. Sections 1232.1071(d) and (e), Government
1139	1139	Code, are amended to read as follows:
1140	1140	(d) The Texas Energy and Communications [Public Utility]
1141	1141	Commission [of Texas] shall provide necessary assistance to the
1142	1142	authority to ensure the collection and enforcement of the
1143	1143	nonbypassable charges, whether directly or by using the assistance
1144	1144	and powers of the requesting member city.
1145	1145	(e) The authority and the Texas Energy and Communications
1146	1146	[Public Utility] Commission [of Texas] have all powers necessary to
1147	1147	perform the duties and responsibilities described by this section.
1148	1148	This section shall be interpreted broadly in a manner consistent
1149	1149	with the most cost-effective financing of stranded costs. To the
1150	1150	extent possible, obligations or evidences of indebtedness issued by
1151	1151	the authority under this section must be structured so that any
1152	1152	interest on the obligations or evidences of indebtedness is
1153	1153	excluded from gross income for federal income tax purposes. Any
1154	1154	interest on the obligations or evidences of indebtedness is not
1155	1155	subject to taxation by and may not be included as part of the
1156	1156	measurement of a tax by this state or a political subdivision of
1157	1157	this state.
1158	1158	SECTION 3.50. Section 2003.0421(c), Government Code, is
1159	1159	amended to read as follows:
1160	1160	(c) This section applies to any contested case hearing
1161	1161	conducted by the office, except hearings conducted on behalf of the
1162	1162	Texas [Natural Resource Conservation] Commission on Environmental
1163	1163	Quality or the Texas Energy and Communications [Public Utility]
1164	1164	Commission [of Texas] which are governed by Sections 2003.047 and
1165	1165	2003.049.
1166	1166	SECTION 3.51. Section 2003.049(a), Government Code, is
1167	1167	amended to read as follows:
1168	1168	(a) The office shall establish a utility division to perform
1169	1169	the contested case hearings for the Texas Energy and Communications
1170	1170	[Public Utility] Commission [of Texas] as prescribed by Title 2,
1171	1171	Utilities Code, and Section 102.006, Utilities Code, [the Public
1172	1172	Utility Regulatory Act of 1995] and other applicable law.
1173	1173	SECTION 3.52. Section 2007.003(b), Government Code, is
1174	1174	amended to read as follows:
1175	1175	(b) This chapter does not apply to the following
1176	1176	governmental actions:
1177	1177	(1) an action by a municipality except as provided by
1178	1178	Subsection (a)(3);
1179	1179	(2) a lawful forfeiture or seizure of contraband as
1180	1180	defined by Article 59.01, Code of Criminal Procedure;
1181	1181	(3) a lawful seizure of property as evidence of a crime
1182	1182	or violation of law;
1183	1183	(4) an action, including an action of a political
1184	1184	subdivision, that is reasonably taken to fulfill an obligation
1185	1185	mandated by federal law or an action of a political subdivision that
1186	1186	is reasonably taken to fulfill an obligation mandated by state law;
1187	1187	(5) the discontinuance or modification of a program or
1188	1188	regulation that provides a unilateral expectation that does not
1189	1189	rise to the level of a recognized interest in private real property;
1190	1190	(6) an action taken to prohibit or restrict a
1191	1191	condition or use of private real property if the governmental
1192	1192	entity proves that the condition or use constitutes a public or
1193	1193	private nuisance as defined by background principles of nuisance
1194	1194	and property law of this state;
1195	1195	(7) an action taken out of a reasonable good faith
1196	1196	belief that the action is necessary to prevent a grave and immediate
1197	1197	threat to life or property;
1198	1198	(8) a formal exercise of the power of eminent domain;
1199	1199	(9) an action taken under a state mandate to prevent
1200	1200	waste of oil and gas, protect correlative rights of owners of
1201	1201	interests in oil or gas, or prevent pollution related to oil and gas
1202	1202	activities;
1203	1203	(10) a rule or proclamation adopted for the purpose of
1204	1204	regulating water safety, hunting, fishing, or control of
1205	1205	nonindigenous or exotic aquatic resources;
1206	1206	(11) an action taken by a political subdivision:
1207	1207	(A) to regulate construction in an area
1208	1208	designated under law as a floodplain;
1209	1209	(B) to regulate on-site sewage facilities;
1210	1210	(C) under the political subdivisions's statutory
1211	1211	authority to prevent waste or protect rights of owners of interest
1212	1212	in groundwater; or
1213	1213	(D) to prevent subsidence;
1214	1214	(12) the appraisal of property for purposes of ad
1215	1215	valorem taxation;
1216	1216	(13) an action that:
1217	1217	(A) is taken in response to a real and
1218	1218	substantial threat to public health and safety;
1219	1219	(B) is designed to significantly advance the
1220	1220	health and safety purpose; and
1221	1221	(C) does not impose a greater burden than is
1222	1222	necessary to achieve the health and safety purpose; or
1223	1223	(14) an action or rulemaking undertaken by the Texas
1224	1224	Energy and Communications [Public Utility] Commission [of Texas] to
1225	1225	order or require the location or placement of telecommunications
1226	1226	equipment owned by another party on the premises of a certificated
1227	1227	local exchange company.
1228	1228	SECTION 3.53. Section 2302.001(2), Government Code, is
1229	1229	amended to read as follows:
1230	1230	(2) "Commission" means the Texas Energy and
1231	1231	Communications [Public Utility] Commission [of Texas].
1232	1232	SECTION 3.54. Section 382.501(a), Health and Safety Code,
1233	1233	as added by Chapter 1125 (H.B. 1796), Acts of the 81st Legislature,
1234	1234	Regular Session, 2009, is amended to read as follows:
1235	1235	(a) The commission, [and] the Texas Energy and
1236	1236	Communications [Railroad] Commission [of Texas], and the
1237	1237	Department of Agriculture[, and the Public Utility Commission of
1238	1238	Texas] shall jointly participate in the federal government process
1239	1239	for developing federal greenhouse gas reporting requirements and
1240	1240	the federal greenhouse gas registry requirements.
1241	1241	SECTION 3.55. Section 386.001(11), Health and Safety Code,
1242	1242	is amended to read as follows:
1243	1243	(11) "Utility commission" means the Texas Energy and
1244	1244	Communications [Public Utility] Commission [of Texas].
1245	1245	SECTION 3.56. Section 391.102(f), Health and Safety Code,
1246	1246	is amended to read as follows:
1247	1247	(f) In coordinating interagency application review
1248	1248	procedures, the commission shall:
1249	1249	(1) solicit review and comments from:
1250	1250	(A) the comptroller to assess:
1251	1251	(i) the financial stability of the
1252	1252	applicant;
1253	1253	(ii) the economic benefits and job creation
1254	1254	potential associated with the project; and
1255	1255	(iii) any other information related to the
1256	1256	duties of that office; and
1257	1257	(B) the Texas Energy and Communications [Public
1258	1258	Utility] Commission [of Texas] to assess:
1259	1259	(i) the reliability of the proposed
1260	1260	technology;
1261	1261	(ii) the feasibility and
1262	1262	cost-effectiveness of electric transmission associated with the
1263	1263	project; [and]
1264	1264	(iii) [any other information related to the
1265	1265	duties of that agency; and
1266	1266	[(C) the Railroad Commission of Texas to assess:
1267	1267	[(i)] the availability and cost of the fuel
1268	1268	involved with the project; and
1269	1269	(iv) [(ii)] any other information related
1270	1270	to the duties of that agency;
1271	1271	(2) consider the comments received under Subdivision
1272	1272	(1) in the commission's grant award decision process; and
1273	1273	(3) as part of the report required by Section 391.104,
1274	1274	justify awards made to projects that have been negatively reviewed
1275	1275	by agencies under Subdivision (1).
1276	1276	SECTION 3.57. Section 401.246(b), Health and Safety Code,
1277	1277	is amended to read as follows:
1278	1278	(b) To the extent practicable, the commission shall use the
1279	1279	methods used by the Texas Energy and Communications [Public
1280	1280	Utility] Commission [of Texas] under Sections 36.051, 36.052, and
1281	1281	36.053, Utilities Code, when establishing overall revenues,
1282	1282	reasonable return, and invested capital for the purpose of setting
1283	1283	fees under Subsection (a).
1284	1284	SECTION 3.58. Sections 771.001(5) and (11), Health and
1285	1285	Safety Code, are amended to read as follows:
1286	1286	(5) "Local exchange service provider" means a
1287	1287	telecommunications carrier providing telecommunications service in
1288	1288	a local exchange service area under a certificate of public
1289	1289	convenience and necessity issued by the Texas Energy and
1290	1290	Communications [Public Utility] Commission [of Texas].
1291	1291	(11) "Business service" means a telecommunications
1292	1292	service classified as a business service under rules adopted by the
1293	1293	Texas Energy and Communications [Public Utility] Commission [of
1294	1294	Texas] or under the applicable tariffs of the principal service
1295	1295	supplier.
1296	1296	SECTION 3.59. Section 771.031(b), Health and Safety Code,
1297	1297	is amended to read as follows:
1298	1298	(b) The following individuals serve as nonvoting ex officio
1299	1299	members:
1300	1300	(1) the executive director of the Texas Energy and
1301	1301	Communications [Public Utility] Commission [of Texas], or an
1302	1302	individual designated by the executive director;
1303	1303	(2) the executive director of the Department of
1304	1304	Information Resources, or an individual designated by the executive
1305	1305	director; and
1306	1306	(3) the executive commissioner of the Health and Human
1307	1307	Services Commission, or an individual designated by the executive
1308	1308	commissioner.
1309	1309	SECTION 3.60. Section 771.0725, Health and Safety Code, is
1310	1310	amended to read as follows:
1311	1311	Sec. 771.0725. ESTABLISHMENT OF RATES FOR FEES. (a)
1312	1312	Subject to the applicable limitations prescribed by Sections
1313	1313	771.071(b) and 771.072(b), (d), and (e), the Texas Energy and
1314	1314	Communications [Public Utility] Commission [of Texas] shall
1315	1315	monitor the establishment of:
1316	1316	(1) emergency service fees imposed under Section
1317	1317	771.071; and
1318	1318	(2) the equalization surcharge imposed under Section
1319	1319	771.072, including the allocation of revenue under Sections
1320	1320	771.072(d) and (e).
1321	1321	(b) Each year the commission shall provide documentation to
1322	1322	the Texas Energy and Communications [Public Utility] Commission [of
1323	1323	Texas] regarding the rate at which each fee should be imposed and
1324	1324	the allocation of revenue under Sections 771.072(d) and (e). The
1325	1325	commission may provide such documentation more often under this
1326	1326	subsection if the commission determines that action is necessary.
1327	1327	(c) The Texas Energy and Communications [Public Utility]
1328	1328	Commission [of Texas] shall review the documentation provided by
1329	1329	the commission as well as allocations derived therefrom and also
1330	1330	identified by the commission. If the Texas Energy and
1331	1331	Communications [Public Utility] Commission [of Texas] determines
1332	1332	that a recommended rate or allocation is not appropriate, the Texas
1333	1333	Energy and Communications [Public Utility] Commission [of Texas]
1334	1334	shall provide comments to the commission, the governor, and the
1335	1335	Legislative Budget Board regarding appropriate rates and the basis
1336	1336	for that determination.
1337	1337	(d) The Texas Energy and Communications [Public Utility]
1338	1338	Commission [of Texas] may review and make comments regarding a rate
1339	1339	or allocation under this section in an informal proceeding. A
1340	1340	proceeding in which a rate or allocation is reviewed is not a
1341	1341	contested case for purposes of Chapter 2001, Government Code. A
1342	1342	review of a rate or allocation is not a rate change for purposes of
1343	1343	Chapter 36 or 53, Utilities Code.
1344	1344	SECTION 3.61. Section 771.076(c), Health and Safety Code,
1345	1345	is amended to read as follows:
1346	1346	(c) At the request of the Texas Energy and Communications
1347	1347	[Public Utility] Commission [of Texas], the state auditor may audit
1348	1348	a regional planning commission or other public agency designated by
1349	1349	the regional planning commission that receives money under this
1350	1350	subchapter.
1351	1351	SECTION 3.62. Section 772.001(21), Health and Safety Code,
1352	1352	is amended to read as follows:
1353	1353	(21) "Business service" means a telecommunications
1354	1354	service classified as a business service under rules adopted by the
1355	1355	Texas Energy and Communications [Public Utility] Commission [of
1356	1356	Texas] or under the applicable tariffs of the principal service
1357	1357	supplier.
1358	1358	SECTION 3.63. Section 772.002(e), Health and Safety Code,
1359	1359	is amended to read as follows:
1360	1360	(e) The Texas Energy and Communications [Public Utility]
1361	1361	Commission [of Texas] may impose an administrative penalty under
1362	1362	Subchapter B, Chapter 15, Utilities Code, against a service
1363	1363	provider who is a person regulated under the Utilities Code if the
1364	1364	person:
1365	1365	(1) does not provide information required by a
1366	1366	district under this section; or
1367	1367	(2) bills and collects a 9-1-1 emergency service fee
1368	1368	as required by this chapter but does not remit the fee to the
1369	1369	appropriate district.
1370	1370	SECTION 3.64. Section 246.001(1), Local Government Code, is
1371	1371	amended to read as follows:
1372	1372	(1) "Commission" means the Texas Energy and
1373	1373	Communications [Public Utility] Commission [of Texas].
1374	1374	SECTION 3.65. Section 283.002(3), Local Government Code, is
1375	1375	amended to read as follows:
1376	1376	(3) "Commission" means the Texas Energy and
1377	1377	Communications [Public Utility] Commission [of Texas].
1378	1378	SECTION 3.66. Section 304.001(f), Local Government Code, is
1379	1379	amended to read as follows:
1380	1380	(f) A political subdivision corporation may appear on
1381	1381	behalf of its incorporating political subdivisions before the Texas
1382	1382	Energy and Communications [Public Utility] Commission [of Texas],
1383	1383	[the Railroad Commission of Texas,] the Texas [Natural Resource
1384	1384	Conservation] Commission on Environmental Quality, any other
1385	1385	governmental agency or regulatory authority, the Texas
1386	1386	Legislature, and the courts.
1387	1387	SECTION 3.67. Sections 33.2053(b) and (c), Natural
1388	1388	Resources Code, are amended to read as follows:
1389	1389	(b) The Texas Energy and Communications [Public Utility]
1390	1390	Commission [of Texas] shall comply with Sections 33.205(a) and (b)
1391	1391	when issuing:
1392	1392	(1) a certificate of convenience and necessity;[.]
1393	1393	(2) [(c) The Railroad Commission of Texas shall
1394	1394	comply with Sections 33.205(a) and (b) when issuing:
1395	1395	[(1)] a wastewater discharge permit;
1396	1396	(3) [(2)] a waste disposal or storage pit permit; or
1397	1397	(4) [(3)] a certification of a federal permit for the
1398	1398	discharge of dredge or fill material.
1399	1399	SECTION 3.68. Section 81.01001, Natural Resources Code, is
1400	1400	amended to read as follows:
1401	1401	Sec. 81.01001. SUNSET PROVISION. The Texas Energy and
1402	1402	Communications [Railroad] Commission [of Texas] is subject to
1403	1403	Chapter 325, Government Code (Texas Sunset Act). Unless continued
1404	1404	in existence as provided by that chapter, the commission is
1405	1405	abolished September 1, 2023 [2011].
1406	1406	SECTION 3.69. Section 81.01005, Natural Resources Code, is
1407	1407	amended to read as follows:
1408	1408	Sec. 81.01005. NAME AND SEAL. (a) The commissioners are
1409	1409	known collectively as the "Texas Energy and Communications
1410	1410	["Railroad] Commission [of Texas]."
1411	1411	(b) The seal of the commission contains a star of five
1412	1412	points with the words "Texas Energy and Communications ["Railroad]
1413	1413	Commission [of Texas]" engraved on it.
1414	1414	SECTION 3.70. Section 28.03(d), Penal Code, is amended to
1415	1415	read as follows:
1416	1416	(d) The terms "public communication, public transportation,
1417	1417	public gas or power supply, or other public service" and "public
1418	1418	water supply" shall mean, refer to, and include any such services
1419	1419	subject to regulation by the Texas Energy and Communications
1420	1420	[Public Utility] Commission [of Texas, the Railroad Commission of
1421	1421	Texas,] or the Texas [Natural Resource Conservation] Commission on
1422	1422	Environmental Quality or any such services enfranchised by the
1423	1423	State of Texas or any political subdivision thereof.
1424	1424	SECTION 3.71. Section 8281.103, Special District Local Laws
1425	1425	Code, as effective April 1, 2011, is amended to read as follows:
1426	1426	Sec. 8281.103. LIMITATION ON PROVIDING WATER TO CERTAIN
1427	1427	USERS. Notwithstanding any other provision of this chapter, the
1428	1428	district may not compete with the City of Mabank in providing water
1429	1429	to household users unless the district receives permission from the
1430	1430	Texas Energy and Communications [Public Utility] Commission [of
1431	1431	Texas], with the consent of that city.
1432	1432	SECTION 3.72. Section 22.01(h), Tax Code, is amended to
1433	1433	read as follows:
1434	1434	(h) If the property that is the subject of the rendition is
1435	1435	regulated by the Texas Energy and Communications [Public Utility]
1436	1436	Commission [of Texas, the Railroad Commission of Texas], the
1437	1437	federal Surface Transportation Board, or the Federal Energy
1438	1438	Regulatory Commission, the owner of the property is considered to
1439	1439	have complied with the requirements of this section if the owner
1440	1440	provides to the chief appraiser, on written request of the chief
1441	1441	appraiser, a copy of the annual regulatory report covering the
1442	1442	property and sufficient information to enable the chief appraiser
1443	1443	to allocate the value of the property among the appropriate taxing
1444	1444	units for which the appraisal district appraises property.
1445	1445	SECTION 3.73. Section 301.004(c), Tax Code, is amended to
1446	1446	read as follows:
1447	1447	(c) In this section, "telephone company" means a person who
1448	1448	owns or operates a telephone line or a telephone network in this
1449	1449	state, charges for its use, and is regulated by the Texas Energy and
1450	1450	Communications [Public Utility] Commission [of Texas] as a
1451	1451	certificated provider of local exchange telephone service.
1452	1452	SECTION 3.74. Section 203.0922(g), Transportation Code, is
1453	1453	amended to read as follows:
1454	1454	(g) This section or a contractual right obtained under an
1455	1455	agreement under this section does not:
1456	1456	(1) make the department or a utility subject to new or
1457	1457	additional licensing, certification, or regulatory jurisdiction of
1458	1458	the Texas Energy and Communications [Public Utility] Commission or
1459	1459	the [of Texas,] Texas Department of Insurance[, or Railroad
1460	1460	Commission of Texas]; or
1461	1461	(2) supersede or otherwise affect a provision of
1462	1462	another law applicable to the department or a utility regarding
1463	1463	licensing, certification, or regulatory jurisdiction of an agency
1464	1464	listed in Subdivision (1).
1465	1465	SECTION 3.75. Section 227.021(e), Transportation Code, is
1466	1466	amended to read as follows:
1467	1467	(e) Nothing in this chapter, or any contractual right
1468	1468	obtained under a contract with the department authorized by this
1469	1469	chapter, supersedes or renders ineffective any provision of another
1470	1470	law applicable to the owner or operator of a public utility
1471	1471	facility, including any provision of the Utilities Code regarding
1472	1472	licensing, certification, and regulatory jurisdiction of the Texas
1473	1473	Energy and Communications [Public Utility] Commission [of Texas or
1474	1474	Railroad Commission of Texas].
1475	1475	SECTION 3.76. Section 370.033(n), Transportation Code, is
1476	1476	amended to read as follows:
1477	1477	(n) Nothing in this chapter or any contractual right
1478	1478	obtained under a contract with an authority under this chapter
1479	1479	supersedes or renders ineffective any provision of another law
1480	1480	applicable to the owner or operator of a public utility facility,
1481	1481	including any provision of the Utilities Code [utilities code]
1482	1482	regarding licensing, certification, or regulatory jurisdiction of
1483	1483	the Texas Energy and Communications [Public Utility] Commission [of
1484	1484	Texas or the Railroad Commission of Texas].
1485	1485	SECTION 3.77. Section 370.181(e), Transportation Code, is
1486	1486	amended to read as follows:
1487	1487	(e) Nothing in this chapter, or any contractual right
1488	1488	obtained under a contract with an authority authorized by this
1489	1489	chapter, supersedes or renders ineffective any provision of another
1490	1490	law applicable to the owner or operator of a public utility
1491	1491	facility, including any provision of the Utilities Code regarding
1492	1492	licensing, certification, and regulatory jurisdiction of the Texas
1493	1493	Energy and Communications [Public Utility] Commission [of Texas or
1494	1494	Railroad Commission of Texas].
1495	1495	SECTION 3.78. Section 370.302(g), Transportation Code, is
1496	1496	amended to read as follows:
1497	1497	(g) Nothing in this chapter, or any contractual right
1498	1498	obtained under a contract with an authority authorized by this
1499	1499	chapter, supersedes or renders ineffective any provision of another
1500	1500	law applicable to the owner or operator of a public utility
1501	1501	facility, including any provision of the Utilities Code regarding
1502	1502	licensing, certification, and regulatory jurisdiction of the Texas
1503	1503	Energy and Communications [Public Utility] Commission [of Texas or
1504	1504	Railroad Commission of Texas].
1505	1505	SECTION 3.79. Section 452.065(b), Transportation Code, is
1506	1506	amended to read as follows:
1507	1507	(b) The parties to a contract made under Subsection (a)(3)
1508	1508	may fulfill the terms of the contract notwithstanding any order or
1509	1509	rule of the Texas Energy and Communications [Public Utility]
1510	1510	Commission [of Texas] with respect to certification, except that
1511	1511	any supply of power or energy by one utility into the service area
1512	1512	of another utility must be provided over transmission or
1513	1513	distribution lines owned by the authority.
1514	1514	SECTION 3.80. Sections 13.1396(b), (c), and (f), Water
1515	1515	Code, are amended to read as follows:
1516	1516	(b) An affected utility shall submit to the county judge,
1517	1517	the office of emergency management of each county in which the
1518	1518	utility has more than one customer, the Texas Energy and
1519	1519	Communications [Public Utility] Commission [of Texas], and the
1520	1520	office of emergency management of the governor, a copy of:
1521	1521	(1) the affected utility's emergency preparedness plan
1522	1522	approved under Section 13.1395; and
1523	1523	(2) the commission's notification to the affected
1524	1524	utility that the plan is accepted.
1525	1525	(c) Each affected utility shall submit to the county judge
1526	1526	and the office of emergency management of each county in which the
1527	1527	utility has water and wastewater facilities that qualify for
1528	1528	critical load status under rules adopted by the Texas Energy and
1529	1529	Communications [Public Utility] Commission [of Texas], and to the
1530	1530	Texas Energy and Communications [Public Utility] Commission [of
1531	1531	Texas] and the division of emergency management of the governor:
1532	1532	(1) information identifying the location and
1533	1533	providing a general description of all water and wastewater
1534	1534	facilities that qualify for critical load status; and
1535	1535	(2) emergency contact information for the affected
1536	1536	utility, including:
1537	1537	(A) the person who will serve as a point of
1538	1538	contact and the person's telephone number;
1539	1539	(B) the person who will serve as an alternative
1540	1540	point of contact and the person's telephone number; and
1541	1541	(C) the affected utility's mailing address.
1542	1542	(f) Not later than May 1 of each year, each electric utility
1543	1543	and each retail electric provider shall determine whether the
1544	1544	facilities of the affected utility qualify for critical load status
1545	1545	under rules adopted by the Texas Energy and Communications [Public
1546	1546	Utility] Commission [of Texas].
1547	1547	SECTION 3.81. Section 152.255, Water Code, is amended to
1548	1548	read as follows:
1549	1549	Sec. 152.255. RECOVERABILITY OF COSTS FROM RATEPAYERS.
1550	1550	This subchapter does not limit the authority of the Texas Energy and
1551	1551	Communications [Public Utility] Commission [of Texas] to determine
1552	1552	the recoverability of costs from ratepayers.
1553	1553	SECTION 3.82. Section 152.301, Water Code, is amended to
1554	1554	read as follows:
1555	1555	Sec. 152.301. ELECTRIC TRANSMISSION SERVICES AND
1556	1556	FACILITIES. Notwithstanding any other law, a river authority may:
1557	1557	(1) provide transmission services, as defined by the
1558	1558	Utilities Code or the Texas Energy and Communications [Public
1559	1559	Utility] Commission [of Texas], on a regional basis to any eligible
1560	1560	transmission customer at any location within or outside the
1561	1561	boundaries of the river authority; and
1562	1562	(2) acquire, including by lease-purchase, lease from
1563	1563	or to any person, finance, construct, rebuild, operate, or sell
1564	1564	electric transmission facilities at any location within or outside
1565	1565	the boundaries of the river authority.
1566	1566	SECTION 3.83. This article takes effect September 1, 2012.
1567	1567	ARTICLE 4. REPEALER
1568	1568	SECTION 4.01. The following are repealed:
1569	1569	(1) Sections 12.002, 12.003, 12.004, and 12.005,
1570	1570	Utilities Code;
1571	1571	(2) Subchapters B, C, and D, Chapter 12, Utilities
1572	1572	Code;
1573	1573	(3) Section 15.029, Utilities Code;
1574	1574	(4) Subchapter B, Chapter 16, Utilities Code;
1575	1575	(5) Section 2003.049, Government Code;
1576	1576	(6) Section 33.2053(b), Natural Resources Code; and
1577	1577	(7) Section 12.013(h), Water Code.
1578	1578	SECTION 4.02. This article takes effect September 1, 2012.
1579	1579	ARTICLE 5. TRANSITION; EFFECTIVE DATE
1580	1580	SECTION 5.01. The Railroad Commission of Texas shall adopt
1581	1581	a timetable for phasing in the change of the agency's name so as to
1582	1582	minimize the fiscal impact of the name change. Until January 1,
1583	1583	2012, to allow for phasing in the change of the agency's name and in
1584	1584	accordance with the timetable established as required by this
1585	1585	section, the agency may perform any act authorized by law for the
1586	1586	Railroad Commission of Texas as the Railroad Commission of Texas or
1587	1587	as the Texas Energy and Communications Commission. Any act of the
1588	1588	Railroad Commission of Texas acting as the Texas Energy and
1589	1589	Communications Commission after the effective date of this Act and
1590	1590	before January 1, 2012, is an act of the Railroad Commission of
1591	1591	Texas.
1592	1592	SECTION 5.02. Except as otherwise provided by this Act,
1593	1593	this Act takes effect immediately if it receives a vote of
1594	1594	two-thirds of all the members elected to each house, as provided by
1595	1595	Section 39, Article III, Texas Constitution. If this Act does not
1596	1596	receive the vote necessary for immediate effect, this Act takes
1597	1597	effect on the 91st day after the last day of the legislative
1598	1598	session.