Texas 2021 - 87th Regular

Texas Senate Bill SB857 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 857
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the election of commissioners on the Public Utility
7	7	Commission of Texas.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subchapter B, Chapter 12,
10	10	Utilities Code, is amended to read as follows:
11	11	SUBCHAPTER B. COMMISSION [APPOINTMENT AND] FUNCTIONS
12	12	SECTION 2. Section 12.051, Utilities Code, is amended to
13	13	read as follows:
14	14	Sec. 12.051. ELECTION [APPOINTMENT]; TERM.
15	15	(a) The commission is composed of three commissioners
16	16	elected by the qualified voters at a general election for State and
17	17	county officersappointed by the governor with the advice and
18	18	consent of the senate.
19	19	[(b) An appointment to the commission shall be made without
20	20	regard to the race, color, disability, sex, religion, age, or
21	21	national origin of the appointee.]
22	22	(b) [(c)] Commissioners serve [staggered,] six-year terms.
23	23	One commissioner shall be elected every two years.
24	24	SECTION 3. Section 12.052, Utilities Code is amended to
25	25	read as follows:
26	26	Sec. 12.052 PRESIDING OFFICER. [(a)] The commissioners
27	27	[governor] shall elect [designate] a commissioner as the presiding
28	28	officer.
29	29	[(b) The presiding officer services in that capacity at the
30	30	pleasure of the governor.]
31	31	SECTION 3. Section 12.053, Utilities Code, is amended to
32	32	read as follows:
33	33	Sec. 12.053. [MEMBERSHIP] QUALIFICATIONS FOR OFFICE.
34	34	(a) [To be eligible for appointment, a] A commissioner must:
35	35	(1) be a qualified voter; and
36	36	(2) be at least 25 years of age. [a citizen of the
37	37	United States;]
38	38	[(3) be a competent and experienced administrator;
39	39	(4) be well informed and qualified in the field of
40	40	public utilities and utility regulation; and
41	41	(5) have at least five years of experience in the
42	42	administration of business or government or as a practicing
43	43	attorney or certified public accountant.
44	44	(b) A person is not eligible for appointment as a
45	45	commissioner if the person:
46	46	(1) at any time during the two years preceding
47	47	appointment:
48	48	(A) personally served as an officer, director,
49	49	owner, employee, partner, or legal representative of a public
50	50	utility regulated by the commission or of an affiliate or direct
51	51	competitor of a public utility regulated by the commission; or
52	52	(B) owned or controlled, directly or indirectly,
53	53	more than a 10 percent interest in a public utility regulated by the
54	54	commission or in an affiliate or direct competitor of a public
55	55	utility regulated by the commission; or
56	56	(2) is not qualified to serve under Section 12.151,
57	57	12.152, or 12.153.]
58	58	SECTION 4. Section 12.056, Utilities Code, is amended to
59	59	read as follows:
60	60	Sec. 12.056. [EFFECT OF] VACANCY.
61	61	(a) A vacancy or disqualification does not prevent the
62	62	remaining commissioner or commissioners from exercising the powers
63	63	of the commission.
64	64	(b) The governor shall fill any vacancy by appointment until
65	65	the next general election.
66	66	SECTION 4. Section 52.092(c), Election Code, is amended to
67	67	read as follows:
68	68	(c) Statewide offices of the state government shall be
69	69	listed in the following order:
70	70	(1) governor;
71	71	(2) lieutenant governor;
72	72	(3) attorney general;
73	73	(4) comptroller of public accounts;
74	74	(5) commissioner of the General Land Office;
75	75	(6) commissioner of agriculture;
76	76	(7) railroad commissioner;
77	77	(8) public utility commissioner;
78	78	(9) [(8)] chief justice, supreme court;
79	79	(10) [(9)] justice, supreme court;
80	80	(11) [(10)] presiding judge, court of criminal
81	81	appeals;
82	82	(12) [(11)] judge, court of criminal appeals.
83	83	SECTION 5. Section 554.401(d), Transportation Code, is
84	84	amended to read as follows:
85	85	(d) In this section, "state official" means:
86	86	(1) a member of the legislature;
87	87	(2) the governor;
88	88	(3) the lieutenant governor;
89	89	(4) a justice of the supreme court;
90	90	(5) a judge of the court of criminal appeals;
91	91	(6) the attorney general;
92	92	(7) the commissioner of the General Land Office;
93	93	(8) the comptroller;
94	94	(9) a member of the Railroad Commission of Texas;
95	95	(10) the commissioner of agriculture;
96	96	(11) the secretary of state; [or]
97	97	(12) a member of the Public Utility Commission of
98	98	Texas; or
99	99	(13) a member of the State Board of Education.
100	100	SECTION 6. The following sections of the Utilities Code are
101	101	repealed:
102	102	(1) Sec. 12.054;
103	103	(2) Sec. 12.055; and
104	104	(3) Sec. 12.059.
105	105	SECTION 7. (a) The first general election for public
106	106	utility commissioner shall be held November 8, 2022, for a six-year
107	107	term beginning on January 1, 2023.
108	108	(b) The second general election for public utility
109	109	commissioner shall be held November 5, 2024, for a six-year term
110	110	beginning on January 1, 2025.
111	111	(c) The third general election for public utility
112	112	commissioner shall be held November 3, 2026, for a six-year term
113	113	beginning on January 1, 2027.
114	114	(d) Not later than January 1, 2023, the governor shall
115	115	designate which public utility commissioner positions will be
116	116	determined in the elections described in (a), (b), and (c).
117	117	(e) Until all three public utility commissioners elected
118	118	under this Act take office, the commissioners serving on the
119	119	effective date of this Act shall, unless otherwise removed as
120	120	provided by law, continue in office under the prior law that
121	121	governed the office, and that prior law is continued in effect for
122	122	that purpose. If unelected commissioners vacate their positions or
123	123	are otherwise removed or disqualified under prior law, the governor
124	124	shall fill the vacancy in a manner provided by law with the advice
125	125	and consent of the senate.
126	126	SECTION 8. Except as otherwise specified, this Act takes
127	127	effect September 1, 2021.