73R10677 CBH-D
          By Parker                                              S.B. No. 498
          Substitute the following for S.B. No. 498:
          By Seidlits                                        C.S.S.B. No. 498
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to continuation, operations, and functions of the Public
    1-3  Utility Commission of Texas and the Office of Public Utility
    1-4  Counsel; providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6                               ARTICLE 1
    1-7        SECTION 1.01.  Section 3, Public Utility Regulatory Act
    1-8  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
    1-9  amending Subdivisions (a), (c), (u), and (v) and adding Subdivision
   1-10  (f) to read as follows:
   1-11        (a)  The term "person," when used in this Act, includes
   1-12  natural persons, partnerships of two or more persons having a joint
   1-13  or common interest, mutual or cooperative associations, <water
   1-14  supply or sewer service corporations,> and corporations, as herein
   1-15  defined.
   1-16        (c)  The term "public utility" or "utility," when used in
   1-17  this Act, includes any person, corporation, river authority,
   1-18  cooperative corporation, or any combination thereof, other than a
   1-19  municipal corporation <or a water supply or sewer service
   1-20  corporation>, or their lessees, trustees, and receivers, now or
   1-21  hereafter owning or operating for compensation in this state
   1-22  equipment or facilities for:
   1-23              (1)  producing, generating, transmitting, distributing,
   1-24  selling, or furnishing electricity ("electric utilities"
    2-1  hereinafter) provided, however, that this definition shall not be
    2-2  construed to apply to or include a qualifying small power producer
    2-3  or qualifying cogenerator, as defined in Sections 3(17)(D) and
    2-4  3(18)(C) of the Federal Power Act, as amended (16 U.S.C. Sections
    2-5  796(17)(D) and 796(18)(C));
    2-6              (2)(A)  the conveyance, transmission, or reception of
    2-7  communications over a telephone system as a dominant carrier as
    2-8  hereinafter defined ("telecommunications utilities" hereinafter);
    2-9  provided that no person or corporation not otherwise a public
   2-10  utility within the meaning of this Act shall be deemed such solely
   2-11  because of the furnishing or furnishing and maintenance of a
   2-12  private system or the manufacture, distribution, installation, or
   2-13  maintenance of customer premise communications equipment and
   2-14  accessories; and provided further that nothing in this Act shall be
   2-15  construed to apply to telegraph services, television stations,
   2-16  radio stations, community antenna television services, or
   2-17  radio-telephone services that may be authorized under the Public
   2-18  Mobile Radio Services rules of the Federal Communications
   2-19  Commission, other than such radio-telephone services provided by
   2-20  wire-line telephone companies under the Domestic Public Land Mobile
   2-21  Radio Service and Rural Radio Service rules of the Federal
   2-22  Communications Commission; and provided further that interexchange
   2-23  telecommunications carriers (including resellers of interexchange
   2-24  telecommunications services), specialized communications common
   2-25  carriers, other resellers of communications, other communications
   2-26  carriers who convey, transmit, or receive communications in whole
   2-27  or in part over a telephone system, and providers of operator
    3-1  services as defined in Section 18A(a) of this Act (except that
    3-2  subscribers to customer-owned pay telephone service shall not be
    3-3  deemed to be telecommunications utilities) <who are not dominant
    3-4  carriers> are also telecommunications utilities, but the
    3-5  commission's regulatory authority as to them is only as hereinafter
    3-6  defined;
    3-7                    (B)  "dominant carrier" when used in this Act
    3-8  means (i) a provider of any particular communication service which
    3-9  is provided in whole or in part over a telephone system who as to
   3-10  such service has sufficient market power in a telecommunications
   3-11  market as determined by the commission to enable such provider to
   3-12  control prices in a manner adverse to the public interest for such
   3-13  service in such market; and (ii) any provider of local exchange
   3-14  telephone service within a certificated exchange area as to such
   3-15  service.  A telecommunications market shall be statewide until
   3-16  January 1, 1985.  After this date the commission may, if it
   3-17  determines that the public interest will be served, establish
   3-18  separate markets within the state.  Prior to January 1, 1985, the
   3-19  commission shall hold such hearings and require such evidence as is
   3-20  necessary to carry out the public purpose of this Act and to
   3-21  determine the need and effect of establishing separate markets.
   3-22  Any such provider determined to be a dominant carrier as to a
   3-23  particular telecommunications service in a market shall not be
   3-24  presumed to be a dominant carrier of a different telecommunications
   3-25  service in that market.  The term does not include an interexchange
   3-26  carrier that is not a certificated local exchange carrier, with
   3-27  respect to interexchange services.
    4-1              (3)  The term "public utility" or "utility" shall not
    4-2  include any person or corporation not otherwise a public utility
    4-3  that furnishes the services or commodity described in any paragraph
    4-4  of this subsection only to itself, its employees, or tenants as an
    4-5  incident of such employee service or tenancy, when such service or
    4-6  commodity is not resold to or used by others.  The term "electric
    4-7  utility" shall not include any person or corporation not otherwise
    4-8  a public utility that owns or operates in this state equipment or
    4-9  facilities for producing, generating, transmitting, distributing,
   4-10  selling, or furnishing electric energy to an electric utility, if
   4-11  the equipment or facilities are used primarily for the production
   4-12  and generation of electric energy for consumption by the person or
   4-13  corporation.  The term "public utility," "utility," or "electric
   4-14  utility" shall not include any person or corporation not otherwise
   4-15  a public utility that owns or operates in this state a recreational
   4-16  vehicle park that provides metered electric service in accordance
   4-17  with Article 1446d-2, Revised Statutes.  A recreational vehicle
   4-18  park owner is considered a public utility if the owner fails to
   4-19  comply with  Article 1446d-2, Revised Statutes, with regard to the
   4-20  metered sale of electricity at the recreational vehicle park.
   4-21        (f)  "Office" means the Office of Public Utility Counsel.
   4-22        (u)  <"Water supply or sewer service corporation" means a
   4-23  nonprofit, member-owned corporation organized and operating under
   4-24  Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933,
   4-25  as amended (Article 1434a, Vernon's Texas Civil Statutes).>
   4-26        <(v)>  "Local exchange company" means a telecommunications
   4-27  utility certificated to provide local exchange service within the
    5-1  state.
    5-2        SECTION 1.02.  Section 5, Public Utility Regulatory Act
    5-3  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
    5-4  as follows:
    5-5        Sec. 5.  A commission, to be known as the "Public Utility
    5-6  Commission of Texas" is hereby created.  It shall consist of three
    5-7  commissioners, who shall be appointed to staggered, six-year terms
    5-8  by the governor, with the advice and consent of two-thirds of the
    5-9  members of the senate present, and who shall have and exercise the
   5-10  jurisdiction and powers herein conferred upon the commission.  Each
   5-11  commissioner shall hold office until his successor is appointed and
   5-12  qualified.  The governor shall designate a member of the commission
   5-13  as the chairman of the commission to serve in that capacity at the
   5-14  pleasure of the governor <At its first meeting following the
   5-15  biennial appointment and qualification of a commissioner, the
   5-16  commission shall elect one of the commissioners chairman>.
   5-17  Appointments to the commission shall be made without regard to the
   5-18  race, color, handicap <creed>, sex, religion, age, or national
   5-19  origin of the appointees.
   5-20        SECTION 1.03.  Section 5a, Public Utility Regulatory Act
   5-21  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   5-22  as follows:
   5-23        Sec. 5a.  The Public Utility Commission of Texas and the
   5-24  Office of Public Utility Counsel are subject to Chapter 325,
   5-25  Government Code (Texas Sunset Act).  Unless continued in existence
   5-26  as provided by that chapter, the commission and the office <Office
   5-27  of Public Utility Counsel> are abolished and this Act expires
    6-1  September 1, 2001 <1993>.
    6-2        SECTION 1.04.  Section 6, Public Utility Regulatory Act
    6-3  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
    6-4  amending Subsections (a), (b), and (k) and adding Subsections (g),
    6-5  (l), (m), (n), (o), and (p) to read as follows:
    6-6        (a)  To be eligible for appointment as a commissioner, a
    6-7  person must be a qualified voter<, not less than 30 years of age>,
    6-8  a citizen of the United States, and a resident of the State of
    6-9  Texas.  No person is eligible for appointment as a commissioner if
   6-10  at any time during the two-year period immediately preceding his
   6-11  appointment he personally served as an officer, director, owner,
   6-12  employee, partner, or legal representative of any public utility or
   6-13  any affiliated interest, or he owned or controlled, directly or
   6-14  indirectly, stocks or bonds of any class with a value of $10,000,
   6-15  or more in a public utility or any affiliated interest.  Each
   6-16  commissioner shall qualify for office by taking the oath prescribed
   6-17  for other state officers and shall execute a bond for $5,000
   6-18  payable to the state and conditioned on the faithful performance of
   6-19  his duties.  All members must be representatives of the general
   6-20  public.  A person may not serve as a member of the commission or
   6-21  act as the legal counsel to the commission if the person <who> is
   6-22  required to register as a lobbyist under Chapter 305, Government
   6-23  Code, and its subsequent amendments, because of the person's
   6-24  activities for compensation on behalf of a profession related to
   6-25  the operation of the commission <may not serve as a member of the
   6-26  commission or public utility counsel or act as the general counsel
   6-27  to the commission>.
    7-1        (b)  No commissioner or employee of the commission may do any
    7-2  of the following during his period of service with the commission:
    7-3              (1)  have any pecuniary interest, either as an officer,
    7-4  director, partner, owner, employee, attorney, consultant, or
    7-5  otherwise, in any public utility or affiliated interest, or in any
    7-6  person or corporation or other business entity a significant
    7-7  portion of whose business consists of furnishing goods or services
    7-8  to public utilities or affiliated interests, but not including a
    7-9  nonprofit group or association solely supported by gratuitous
   7-10  contributions of money, property or services, other than a trade
   7-11  association as defined by Subsection (n) of this section;
   7-12              (2)  own or control any securities in a public utility
   7-13  or affiliated interest, either directly or indirectly;
   7-14              (3)  accept any gift, gratuity, or entertainment
   7-15  whatsoever from any public utility or affiliated interest, or from
   7-16  any person, corporation, agent, representative, employee, or other
   7-17  business entity a significant portion of whose business consists of
   7-18  furnishing goods or services to public utilities or affiliated
   7-19  interests, or from any agent, representative, attorney, employee,
   7-20  officer, owner, director, or partner of any such business entity or
   7-21  of any public utility or affiliated interest; provided, however,
   7-22  that the receipt and acceptance of any gifts, gratuities, or
   7-23  entertainment after termination of service with the commission
   7-24  whose cumulative value in any one-year period is less than $100
   7-25  shall not constitute a violation of this Act.
   7-26        (g)  A person is not eligible for appointment as a public
   7-27  member of the commission or for employment as the general counsel
    8-1  or executive director of the commission if:
    8-2              (1)  the person serves on the board of directors of a
    8-3  company that supplies fuel, utility-related services, or
    8-4  utility-related products to regulated or unregulated electric or
    8-5  telecommunications utilities; or
    8-6              (2)  the person or the person's spouse:
    8-7                    (A)  is employed by or participates in the
    8-8  management of a business entity or other organization regulated by
    8-9  the commission or receiving funds from the commission;
   8-10                    (B)  owns or controls, directly or indirectly,
   8-11  more than a 10 percent interest or a pecuniary interest with a
   8-12  value exceeding $10,000 in:
   8-13                          (i)  a business entity or other
   8-14  organization regulated by the commission or receiving funds from
   8-15  the commission; or
   8-16                          (ii)  any utility competitor, utility
   8-17  supplier, or other entity affected by a commission decision in a
   8-18  manner other than by the setting of rates for that class of
   8-19  customer;
   8-20                    (C)  uses or receives a substantial amount of
   8-21  tangible goods, services, or funds from the commission, other than
   8-22  compensation or reimbursement authorized by law for commission
   8-23  membership, attendance, or expenses; or
   8-24                    (D)  notwithstanding Paragraph (B) of this
   8-25  subdivision, has an interest in a mutual fund or retirement fund in
   8-26  which more than 10 percent of the fund's holdings at the time of
   8-27  appointment is in a single utility, utility competitor, or utility
    9-1  supplier in this state and the person does not disclose this
    9-2  information to the governor, senate, commission, or other entity,
    9-3  as appropriate.
    9-4        (k)  The commission shall provide to <require> its members
    9-5  and employees, <to read this section and> as often as necessary,
    9-6  <shall provide> information regarding their qualification for
    9-7  office or employment under this Act and their responsibilities
    9-8  under applicable laws relating to standards of conduct for state
    9-9  officers or <and> employees.
   9-10        (l)  An officer, employee, or paid consultant of a trade
   9-11  association in the field of public utilities may not be a member or
   9-12  employee of the commission who is exempt from the state's position
   9-13  classification plan or is compensated at or above the amount
   9-14  prescribed by the General Appropriations Act for step 1, salary
   9-15  group 17, of the position classification salary schedule.
   9-16        (m)  A person who is a spouse of an officer, manager, or paid
   9-17  consultant of a trade association in the field of public utilities
   9-18  may not be a commission member and may not be a commission employee
   9-19  who is exempt from the state's position classification plan or is
   9-20  compensated at or above the amount prescribed by the General
   9-21  Appropriations Act for step 1, salary group 17, of the position
   9-22  classification salary schedule.
   9-23        (n)  For the purposes of this section, a trade association is
   9-24  a nonprofit, cooperative, and voluntarily joined association of
   9-25  business or professional persons who are employed by public
   9-26  utilities or utility competitors  to assist the public utility
   9-27  industry, a utility competitor, or the industry's or competitor's
   10-1  employees in dealing with mutual business or professional problems
   10-2  and in promoting their common interest.
   10-3        (o)  In this Act, an entity or utility supplier is considered
   10-4  to be affected in a manner other than by the setting of rates for
   10-5  that class of customer if during a relevant calendar year the
   10-6  entity provides fuel, utility-related goods, utility-related
   10-7  products, or utility-related services to a regulated or unregulated
   10-8  provider of telecommunications or electric services or to an
   10-9  affiliated interest in an amount equal to the greater of $10,000 or
  10-10  10 percent of the person's business.
  10-11        (p)  Notwithstanding any other provision of this Act, a
  10-12  person otherwise ineligible because of the application of Paragraph
  10-13  (B) of Subdivision (2) of Subsection (g) of this section may be
  10-14  appointed to the commission and serve as a commissioner or may be
  10-15  employed as the general counsel or executive director if the
  10-16  person:
  10-17              (1)  notifies the attorney general and commission that
  10-18  the person is ineligible because of the application of Paragraph
  10-19  (B) of Subdivision (2) of Subsection (g) of this section; and
  10-20              (2)  divests the person or the person's spouse of the
  10-21  ownership or control before beginning service or employment, or
  10-22  within a reasonable time if the person is already serving or
  10-23  employed at the time Paragraph (B) of Subdivision (2) of Subsection
  10-24  (g) of this section first applies to the person.
  10-25        SECTION 1.05.  Section 6A, Public Utility Regulatory Act
  10-26  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  10-27  as follows:
   11-1        Sec. 6A.  (a)  It is a ground for removal from the commission
   11-2  if a member:
   11-3              (1)  does not have at the time of appointment the
   11-4  qualifications required by Section 6 of this Act; <for appointment
   11-5  to the commission; or>
   11-6              (2)  does not maintain during <the> service on the
   11-7  commission the qualifications required by Section 6 of this Act;
   11-8              (3)  violates a prohibition established by Section 6 of
   11-9  this Act;
  11-10              (4)  cannot discharge the member's duties for a
  11-11  substantial part of the term for which the member is appointed
  11-12  because of illness or disability; or
  11-13              (5)  is absent from more than half of the regularly
  11-14  scheduled commission meetings that the member is eligible to attend
  11-15  during a calendar year unless the absence is excused by majority
  11-16  vote of the commission <for appointment to the commission>.
  11-17        (b)  The validity of an action of the commission is not
  11-18  affected by the fact that it is <was> taken when a ground for
  11-19  removal of a <member of the> commission member exists <existed>.
  11-20        (c)  If the executive director has knowledge that a potential
  11-21  ground for removal exists, the executive director shall notify the
  11-22  governor and the attorney general that a potential ground for
  11-23  removal exists.
  11-24        SECTION 1.06.  Section 8, Public Utility Regulatory Act
  11-25  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  11-26  amending Subsections (a), (e), and (f) and adding Subsections (g)
  11-27  and (h) to read as follows:
   12-1        (a)  The commission shall employ an executive director, a
   12-2  general counsel, and such officers<, administrative law judges,
   12-3  hearing examiners, investigators, lawyers, engineers, economists,
   12-4  consultants, statisticians, accountants, administrative assistants,
   12-5  inspectors, clerical staff,> and other employees as it deems
   12-6  necessary to carry out the provisions of this Act.  All employees
   12-7  receive such compensation as is fixed by the legislature.  The
   12-8  commission shall develop and implement policies that clearly define
   12-9  the respective responsibilities of the commission and the staff of
  12-10  the commission.
  12-11        (e)  The executive director or the executive director's <his>
  12-12  designee shall develop an intra-agency <intraagency> career ladder
  12-13  program.  The program shall require intra-agency posting of all
  12-14  non-entry-level positions concurrently with any public posting<,
  12-15  one part of which shall be the intraagency posting of all nonentry
  12-16  level positions for at least 10 days before any public posting>.
  12-17  The executive director or the executive director's <his> designee
  12-18  shall develop a system of annual performance evaluations <based on
  12-19  measurable job tasks>.  All merit pay for commission employees must
  12-20  be based on the system established under this section.
  12-21        (f)  The executive director or the executive director's
  12-22  <his/her> designee shall prepare and maintain a written policy
  12-23  statement <plan> to assure implementation of a program of equal
  12-24  employment opportunity under which <whereby> all personnel
  12-25  transactions are made without regard to race, color, handicap
  12-26  <disability>, sex, religion, age, or national origin.  The policy
  12-27  statement must <plans shall> include:
   13-1              (1)  personnel policies, including policies relating to
   13-2  recruitment, evaluation, selection, appointment, training, and
   13-3  promotion of personnel <a comprehensive analysis of all the
   13-4  agency's work force by race, sex, ethnic origin, class of position,
   13-5  and salary or wage>;
   13-6              (2)  a comprehensive analysis of the commission work
   13-7  force that meets federal and state guidelines <plans for
   13-8  recruitment, evaluation, selection, appointment, training,
   13-9  promotion, and other personnel policies>;
  13-10              (3)  procedures by which a determination can be made of
  13-11  significant underutilization in the commission work force of all
  13-12  persons for whom federal or state guidelines encourage a more
  13-13  equitable balance <steps reasonably designed to overcome any
  13-14  identified underutilization of minorities and women in the agency's
  13-15  work force>; and
  13-16              (4)  reasonable methods to address those areas of
  13-17  significant underutilization appropriately.
  13-18        (g)  A policy statement prepared under Subsection (f) of this
  13-19  section must <objectives and goals, timetables for the achievement
  13-20  of the objectives and goals, and assignments of responsibility for
  13-21  their achievement.>
  13-22        <The plans shall be filed with the governor's office within
  13-23  60 days of the effective date of this Act,> cover an annual period,
  13-24  <and> be updated at least annually, and be filed with the
  13-25  governor's office and the Commission on Human Rights.
  13-26        (h)  The governor's office shall deliver a biennial report to
  13-27  the legislature based on the information received under Subsection
   14-1  (g) of this section.  The report may be made separately or as a
   14-2  part of other biennial reports made to the legislature<.  Progress
   14-3  reports shall be submitted to the governor's office within 30 days
   14-4  of November 1 and April 1 of each year and shall include the steps
   14-5  the agency has taken within the reporting period to comply with
   14-6  these requirements>.
   14-7        SECTION 1.07.  Section 10, Public Utility Regulatory Act
   14-8  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   14-9  as follows:
  14-10        Sec. 10.  (a)  The principal office of the commission shall
  14-11  be located in the City of Austin, Texas, and shall be open daily
  14-12  during the usual business hours, Saturdays, Sundays, and legal
  14-13  holidays excepted.  The commission shall hold meetings at its
  14-14  office and at such other convenient places in the state as shall be
  14-15  expedient and necessary for the proper performance of its duties.
  14-16        (b)  The commission shall develop and implement policies that
  14-17  provide the public with a reasonable opportunity to appear before
  14-18  the commission and to speak on any issue under the jurisdiction of
  14-19  the commission.
  14-20        SECTION 1.08.  Subsection (a), Section 14, Public Utility
  14-21  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  14-22  amended to read as follows:
  14-23        (a)  The commission shall file annually with the governor and
  14-24  the presiding officer of each house of the legislature a complete
  14-25  and detailed written report accounting for all funds received and
  14-26  disbursed by the commission during the preceding fiscal year.  The
  14-27  annual report must be in the form and reported in the time provided
   15-1  by the General Appropriations Act <publish an annual report to the
   15-2  governor, summarizing its proceedings, listing its receipts and the
   15-3  sources of its receipts, listing its expenditures and the nature of
   15-4  such expenditures, and setting forth such other information
   15-5  concerning the operations of the commission and the public utility
   15-6  industry as it considers of general interest>.
   15-7        SECTION 1.09.  Section 14A, Public Utility Regulatory Act
   15-8  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   15-9  as follows:
  15-10        Sec. 14A.  (a)  The commission shall prepare information of
  15-11  public <consumer> interest describing the <regulatory> functions of
  15-12  the commission and <describing> the commission's procedures by
  15-13  which <consumer> complaints are filed with and resolved by the
  15-14  commission.  The commission shall make the information available to
  15-15  the <general> public and appropriate state agencies.
  15-16        (b)  The commission by rule shall establish methods by which
  15-17  consumers and service recipients are notified of the name, mailing
  15-18  address, and telephone number of the commission for the purpose of
  15-19  directing complaints to the commission.
  15-20        (c)  The commission shall prepare and maintain a written plan
  15-21  that describes how a person who does not speak English can be
  15-22  provided reasonable access to the commission's programs.  The
  15-23  commission shall also comply with federal and state laws for
  15-24  program and facility accessibility.
  15-25        SECTION 1.10.  Subsections (a) and (b), Section 83, Public
  15-26  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  15-27  Statutes), are amended to read as follows:
   16-1        (a)  Any affected person may complain to the regulatory
   16-2  authority in writing setting forth any act or thing done or omitted
   16-3  to be done by any public utility in violation or claimed violation
   16-4  of any law which the regulatory authority has jurisdiction to
   16-5  administer, or of any order, ordinance, rule, or regulation of the
   16-6  regulatory authority.  The commission shall keep an information
   16-7  file about each complaint filed with the commission that the
   16-8  commission has authority to resolve <relating to a utility>.  The
   16-9  commission shall retain the file for a reasonable period.
  16-10        (b)  If a written complaint is filed with the commission that
  16-11  the commission has authority to resolve <relating to a utility>,
  16-12  the commission, at least <as frequently as> quarterly and until
  16-13  final disposition of the complaint, shall notify the parties to the
  16-14  complaint of the status of the complaint unless the notice would
  16-15  jeopardize an undercover investigation.
  16-16        SECTION 1.11.  The changes in law made by this article
  16-17  relating to the requirements for membership on the Public Utility
  16-18  Commission of Texas  or to employment as executive director or
  16-19  general counsel of the commission apply only to a person appointed
  16-20  or hired, as appropriate, on or after the effective date of this
  16-21  Act and do not affect the entitlement of a member serving on the
  16-22  commission on August 31, 1993, to continue to hold office for the
  16-23  remainder of the term for which the person was appointed or the
  16-24  ability of a person serving as executive director or general
  16-25  counsel on August 31, 1993, to continue to hold that position.
  16-26                               ARTICLE 2
  16-27        SECTION 2.01.  Subsection (i), Section 6, Public Utility
   17-1  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
   17-2  amended to read as follows:
   17-3        (i)  No commissioner shall within two years, and no employee
   17-4  shall, within one year after his employment or service with the
   17-5  commission has ceased:
   17-6              (1)<,>  be employed by a public utility which was in
   17-7  the scope of the commissioner's or employee's official
   17-8  responsibility while the commissioner or employee was associated
   17-9  with the commission; or
  17-10              (2)  be employed by a utility competitor, utility
  17-11  supplier, or other entity affected in a manner other than by the
  17-12  setting of rates for that class of customer, provided that this
  17-13  subdivision does not apply to an employee other than the general
  17-14  counsel or executive director.
  17-15        SECTION 2.02.  Section 8(b), Public Utility Regulatory Act
  17-16  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  17-17  as follows:
  17-18        (b)  The commission shall employ <the following:>
  17-19              <(1)>  an executive director, a general counsel, and<;>
  17-20              <(2)>  a director of hearings who has wide experience
  17-21  in utility regulation and rate determination.  The executive
  17-22  director is responsible for the day-to-day operations of the agency
  17-23  and shall coordinate the activities of commission employees<;>
  17-24              <(3)  a chief engineer who is a registered engineer and
  17-25  an expert in public utility engineering and rate matters;>
  17-26              <(4)  a chief accountant who is a certified public
  17-27  accountant, experienced in public utility accounting;>
   18-1              <(5)  a director of research who is experienced in the
   18-2  conduct of analyses of industry, economics, energy, fuel, and other
   18-3  related matters that the commission may want to undertake;>
   18-4              <(6)  a director of consumer affairs and public
   18-5  information;>
   18-6              <(7)  a director of utility evaluation;>
   18-7              <(8)  a director of energy conservation; and>
   18-8              <(9)  a general counsel>.
   18-9        SECTION 2.03.  (a)  Article II, Public Utility Regulatory Act
  18-10  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  18-11  amending Section 15A and adding Section 15B to read as follows:
  18-12        Sec. 15A.  (a)  The independent Office of Public Utility
  18-13  Counsel is hereby established to represent the interests of
  18-14  residential and small commercial consumers.
  18-15        (b)  The chief executive of the office <Office of Public
  18-16  Utility Counsel> is the public utility counsel, hereinafter
  18-17  referred to as counsellor.  The counsellor is appointed by the
  18-18  governor with the advice and consent of the senate to a two-year
  18-19  term that expires on February 1 of the final year of the term.
  18-20  Appointment of the public utility counsel shall be made without
  18-21  regard to the race, color, handicap, sex, religion, age, or
  18-22  national origin of the appointee <Immediately after this section
  18-23  takes effect, the governor shall, with the advice and consent of
  18-24  the senate, appoint the public utility counsel>.
  18-25        (c)  The counsellor may employ such lawyers, economists,
  18-26  engineers, consultants, statisticians, accountants, clerical staff,
  18-27  and other employees as he or she deems necessary to carry out the
   19-1  provisions of this section.  All employees shall receive such
   19-2  compensation as is fixed by the legislature from the assessment
   19-3  imposed by Section 78 of this Act.  The public utility counsel or
   19-4  the counsellor's designee shall develop an intra-agency career
   19-5  ladder program.  The program shall require intra-agency postings of
   19-6  all non-entry-level positions concurrently with any public posting.
   19-7  The public utility counsel or the counsellor's designee shall
   19-8  develop a system of annual performance evaluations.  All merit pay
   19-9  for office employees must be based on the system established under
  19-10  this subsection.  The office shall provide to the public utility
  19-11  counsel and its employees, as often as necessary, information
  19-12  regarding their qualification for office or employment under this
  19-13  Act and their responsibilities under applicable laws relating to
  19-14  standards of conduct for state officers or employees.
  19-15        (d)  The counsellor shall be a resident of Texas and admitted
  19-16  to the practice of law in this state who has demonstrated a strong
  19-17  commitment and involvement in efforts to safeguard the rights of
  19-18  the public and possesses the knowledge and experience necessary to
  19-19  practice effectively in utility proceedings.  A person is not
  19-20  eligible for appointment as public utility counsel if the person or
  19-21  the person's spouse:
  19-22              (1)  is employed by or participates in the management
  19-23  of a business entity or other organization regulated by the
  19-24  commission or receiving funds from the commission;
  19-25              (2)  owns or controls, directly or indirectly, more
  19-26  than a 10 percent interest or a pecuniary interest with a value
  19-27  exceeding $10,000 in:
   20-1                    (A)  a business entity or other organization
   20-2  regulated by the commission or receiving funds from the commission
   20-3  or the office; or
   20-4                    (B)  any utility competitor, utility supplier, or
   20-5  other entity affected by a commission decision in a manner other
   20-6  than by the setting of rates for that class of customer;
   20-7              (3)  uses or receives a substantial amount of tangible
   20-8  goods, services, or funds from the commission or the office, other
   20-9  than compensation or reimbursement authorized by law for counsellor
  20-10  or commission membership, attendance, or expenses; or
  20-11              (4)  notwithstanding Subdivision (2) of this
  20-12  subsection, has an interest in a mutual fund or retirement fund in
  20-13  which more than 10 percent of the fund's holdings is in a single
  20-14  utility, utility competitor, or utility supplier in this state and
  20-15  the person does not disclose this information to the governor,
  20-16  senate, or other entity, as appropriate.
  20-17        (e)  A person may not serve as counsellor or act as the
  20-18  general counsel for the office if the person is required to
  20-19  register as a lobbyist under Chapter 305, Government Code, because
  20-20  of the person's activities for compensation related to the
  20-21  operation of the commission or the office.
  20-22        (f)  An officer, employee, or paid consultant of a trade
  20-23  association in the field of public utilities may not serve as
  20-24  counsellor or be an employee of the office who is exempt from the
  20-25  state's position classification plan or is compensated at or above
  20-26  the amount prescribed by the General Appropriations Act for step 1,
  20-27  salary group 17, of the position classification salary schedule.  A
   21-1  person who is the spouse of an officer, manager, or paid consultant
   21-2  of a trade association in the field of public utilities may not
   21-3  serve as counsellor and may not be an office employee who is exempt
   21-4  from the state's position classification plan or is compensated at
   21-5  or above the amount prescribed by the General Appropriations Act
   21-6  for step 1, salary group 17, of the position classification salary
   21-7  schedule.  For the purposes of this subsection, a trade association
   21-8  is a nonprofit, cooperative, and voluntarily joined association of
   21-9  business or professional persons who are employed by public
  21-10  utilities  or utility competitors to assist the public utility
  21-11  industry, a utility competitor, or the industry's or competitor's
  21-12  employees in dealing with mutual business or professional problems
  21-13  and in promoting their common interest.
  21-14        (g)  Notwithstanding any other provision of this Act, a
  21-15  person otherwise ineligible because of the application of
  21-16  Subdivision (2) of Subsection (d) of this section may be appointed
  21-17  as counsellor and may serve as counsellor if the person:
  21-18              (1)  notifies the attorney general and commission that
  21-19  the person is ineligible because of the application of Subdivision
  21-20  (2) of Subsection (d) of this section; and
  21-21              (2)  divests the person or the person's spouse of the
  21-22  ownership or control before appointment, or within a reasonable
  21-23  time if the person is already serving at the time Subdivision (2)
  21-24  of Subsection (d) of this section first applies to the person.
  21-25        (h)  During the period of the counsellor's employment and for
  21-26  a period of two years following the termination of employment, it
  21-27  shall be unlawful for any person employed as counsellor to have a
   22-1  direct or indirect interest in any utility company regulated under
   22-2  the Public Utility Regulatory Act, to provide legal services
   22-3  directly or indirectly to or be employed in any capacity by a
   22-4  utility company regulated under the Public Utility Regulatory Act,
   22-5  its parent, or its subsidiary companies, corporations, or
   22-6  cooperatives or a utility competitor, utility supplier, or other
   22-7  entity affected in a manner other than by the setting of rates for
   22-8  that class of customer; but such person may otherwise engage in the
   22-9  private practice of law after the termination of employment as the
  22-10  counsellor.  It is a ground for removal from office if the
  22-11  counsellor:
  22-12              (1)  does not have at the time of appointment the
  22-13  qualifications required by this section;
  22-14              (2)  does not maintain during service as counsellor the
  22-15  qualifications required by this section;
  22-16              (3)  violates a prohibition established by this
  22-17  section; or
  22-18              (4)  cannot discharge the counsellor's duties for a
  22-19  substantial part of the term for which the counsellor is appointed
  22-20  because of illness or disability.
  22-21        (i)  The validity of an action of the office is not affected
  22-22  by the fact that it is taken when a ground for removal of the
  22-23  counsellor exists.
  22-24        (j)  The office shall file annually with the governor and the
  22-25  presiding officer of each house of the legislature a complete and
  22-26  detailed written report accounting for all funds received and
  22-27  disbursed by the office during the preceding fiscal year.  The
   23-1  annual report must be in the form and reported in the time provided
   23-2  by the General Appropriations Act.
   23-3        (k)  The office shall prepare information of public interest
   23-4  describing the functions of the office.  The office shall make the
   23-5  information available to the public and appropriate state agencies.
   23-6        (l)  The counsellor or the counsellor's designee shall
   23-7  prepare and maintain a written policy statement to assure
   23-8  implementation of a program of equal employment opportunity under
   23-9  which all personnel transactions are made without regard to race,
  23-10  color, handicap, sex, religion, age, or national origin.  The
  23-11  policy statement must include:
  23-12              (1)  personnel policies, including policies relating to
  23-13  recruitment, evaluation, selection, appointment, training, and
  23-14  promotion of personnel;
  23-15              (2)  a comprehensive analysis of the office work force
  23-16  that meets federal and state guidelines;
  23-17              (3)  procedures by which a determination can be made of
  23-18  significant underutilization in the office work force of all
  23-19  persons for whom federal or state guidelines encourage a more
  23-20  equitable balance; and
  23-21              (4)  reasonable methods to address those areas of
  23-22  significant underutilization appropriately.
  23-23        (m)  A policy statement prepared under Subsection (l) of this
  23-24  section must cover an annual period, be updated at least annually,
  23-25  and be filed with the governor's office and the Commission on Human
  23-26  Rights.  The governor's office shall deliver a biennial report to
  23-27  the legislature based on the information received under this
   24-1  subsection.  The report may be made separately or as a part of
   24-2  other biennial reports made to the legislature.
   24-3        (n)  The office shall prepare and maintain a written plan
   24-4  that describes how a person who does not speak English can be
   24-5  provided reasonable access to the office's programs.  The office
   24-6  shall also comply with federal and state laws for program and
   24-7  facility accessibility.
   24-8        (o)  In this section, an entity or utility supplier is
   24-9  considered to be affected in a manner other than by the setting of
  24-10  rates for that class of customer if during a relevant calendar year
  24-11  the entity provides fuel, utility-related goods, utility-related
  24-12  products, or utility-related services to a regulated or unregulated
  24-13  provider of telecommunications or electric services or to an
  24-14  affiliated interest in an amount equal to the lesser of $10,000 or
  24-15  10 percent of the person's business.
  24-16        Sec. 15B.  (a) <(f)>  The Office of Public Utility Counsel:
  24-17              (1)  shall assess the impact of utility rate changes
  24-18  and other regulatory actions on residential consumers in the State
  24-19  of Texas and shall be an advocate in its own name of positions most
  24-20  advantageous to a substantial number of such consumers as
  24-21  determined by the counsellor;
  24-22              (2)  may appear or intervene as a matter of right as a
  24-23  party or otherwise on behalf of residential consumers, as a class,
  24-24  in all proceedings before the commission;
  24-25              (3)  may appear or intervene as a matter of right as a
  24-26  party or otherwise on behalf of small commercial consumers, as a
  24-27  class, in all proceedings where it is deemed by the counsel that
   25-1  small commercial consumers are in need of representation;<.>
   25-2              (4)  may initiate or intervene as a matter of right or
   25-3  otherwise appear in any judicial proceedings involving or arising
   25-4  out of any action taken by an administrative agency in a proceeding
   25-5  in which the counsel was authorized to appear;
   25-6              (5)  may have access as any party, other than staff, to
   25-7  all records gathered by the commission under the authority of
   25-8  Subsection (a) of Section 29 of this Act;
   25-9              (6)  may obtain discovery of any nonprivileged matter
  25-10  which is relevant to the subject matter involved in any proceeding
  25-11  or petition before the commission;
  25-12              (7)  may represent individual residential and small
  25-13  commercial consumers with respect to their disputed complaints
  25-14  concerning utility services unresolved before the commission; and
  25-15              (8)  may recommend legislation to the legislature which
  25-16  in its judgment would positively affect the interests of
  25-17  residential and small commercial consumers.
  25-18        (b) <(g)>  Nothing in this section shall be construed as in
  25-19  any way limiting the authority of the commission to represent
  25-20  residential or small commercial consumers.
  25-21        (c) <(h)>  The appearance of the Public Counsel in any
  25-22  proceeding in no way precludes the appearance of other parties on
  25-23  behalf of residential ratepayers or small commercial consumers.
  25-24  The Public Counsel shall not be grouped with any other parties.
  25-25        (d) <(i)>  There shall be only one Office of Public Utility
  25-26  Counsel even though that office may be referenced in one or more
  25-27  Acts of the 68th Legislature.
   26-1        (b)  The changes in law made by this section relating to the
   26-2  requirements for service as public utility counsel apply only to an
   26-3  appointment made on or after the effective date of this section and
   26-4  do not affect the entitlement of the public utility counsel serving
   26-5  on August 31, 1993, to continue to hold office for the remainder of
   26-6  the term for which the person was appointed.
   26-7        SECTION 2.04.  (a)  Subsections (c), (d), and (l), Section
   26-8  18, Public Utility Regulatory Act (Article 1446c, Vernon's Texas
   26-9  Civil Statutes), are amended to read as follows:
  26-10        (c)  Except as provided by Subsections (l) and (m) of this
  26-11  section and  Section 18A of this Act, the commission shall only
  26-12  have the following jurisdiction over all telecommunications
  26-13  utilities who are not dominant carriers:
  26-14              (1)  to require registration as provided in Subsection
  26-15  (d) of this section;
  26-16              (2)  to conduct such investigations as are necessary to
  26-17  determine the existence, impact, and scope of competition in the
  26-18  telecommunications industry, including identifying dominant
  26-19  carriers in the local exchange and intralata interexchange
  26-20  telecommunications industry and defining the telecommunications
  26-21  market or markets, and in connection therewith may call and hold
  26-22  hearings, issue subpoenas to compel the attendance of witnesses and
  26-23  the production of papers and documents, and make findings of fact
  26-24  and decisions with respect to administering the provisions of this
  26-25  Act or the rules, orders, and other actions of the commission;
  26-26              (3)  to require the filing of such reports as the
  26-27  commission may direct from time to time;
   27-1              (4)  to require the maintenance of statewide average
   27-2  rates or prices of telecommunications service;
   27-3              (5)  to require that every local exchange area have
   27-4  access to interexchange telecommunications service, except that an
   27-5  interexchange telecommunications carrier must be allowed to
   27-6  discontinue service to a local exchange area if comparable service
   27-7  is available in the area and the discontinuance is not contrary to
   27-8  the public interest.  This section does not authorize the
   27-9  commission to require an interexchange telecommunications carrier
  27-10  that has not provided services to a local exchange area during the
  27-11  previous 12 months and that has never provided services to that
  27-12  same local exchange area for a cumulative period of one year at any
  27-13  time in the past to initiate services to that local exchange area;
  27-14  and
  27-15              (6)  to require the quality of interexchange
  27-16  telecommunications service provided in each exchange to be adequate
  27-17  to protect the public interest and the interests of customers of
  27-18  that exchange if the commission determines that service to a local
  27-19  exchange has deteriorated to the point that long distance service
  27-20  is not reliable.
  27-21        (d)  All providers of communications service described in
  27-22  Subsection (c) of this section who are providing such service to
  27-23  the public on the effective date of this Act shall register with
  27-24  the commission within 90 days of the effective date of this Act
  27-25  unless the provider has previously registered with the commission.
  27-26  All providers of communications service described in Subsection (c)
  27-27  of this section who commence such service to the public thereafter
   28-1  shall register with the commission within 30 days of commencing
   28-2  service.  Such registration shall be accomplished by filing with
   28-3  the commission a description of the location and type of service
   28-4  provided, the cost to the public of such service, and such other
   28-5  registration information as the commission may direct.
   28-6  Notwithstanding any other provision of this Act, an interexchange
   28-7  telecommunications carrier doing business in this state shall
   28-8  continue to maintain on file with the commission tariffs or lists
   28-9  governing the terms of providing its services.
  28-10        (l)  Notwithstanding any other provision of this Act, the
  28-11  commission may enter such orders as may be necessary to protect the
  28-12  public interest, including the imposition on any specific service
  28-13  or services of its full regulatory authority under Articles III
  28-14  through XI of this Act, if the commission upon complaint from
  28-15  another interexchange telecommunications carrier finds by a
  28-16  preponderance of the evidence upon notice and hearing that an
  28-17  interexchange telecommunications carrier has engaged in predatory
  28-18  pricing or attempted to engage in predatory pricing <conduct that
  28-19  demonstrates the ability to control prices in a manner adverse to
  28-20  the public interest>.
  28-21        (b)  Sections 100 and 101, Public Utility Regulatory Act
  28-22  (Article 1446c, Vernon's Texas Civil Statutes), are repealed.
  28-23        SECTION 2.05.  Section 16, Public Utility Regulatory Act
  28-24  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  28-25  as follows:
  28-26        Sec. 16.  (a)  The commission has the general power to
  28-27  regulate and supervise the business of every public utility within
   29-1  its jurisdiction and to do all things, whether specifically
   29-2  designated in this Act or implied herein, necessary and convenient
   29-3  to the exercise of this power and jurisdiction.  The commission
   29-4  shall make and enforce rules reasonably required in the exercise of
   29-5  its powers and jurisdiction, including rules governing practice and
   29-6  procedure before the commission.  The commission shall adopt rules
   29-7  authorizing an administrative law judge or hearings examiner to:
   29-8              (1)  limit the amount of time that a party may have to
   29-9  present its case;
  29-10              (2)  limit the number of requests for information that
  29-11  a party may make in a contested case;
  29-12              (3)  require a party to a contested case to identify
  29-13  contested issues and facts before the hearing begins and to limit
  29-14  cross-examination to only those issues and facts and to any new
  29-15  issues that may arise as a result of the discovery process; or
  29-16              (4)  group parties, other than the office, that have
  29-17  the same position on an issue to facilitate cross-examination on
  29-18  that issue, provided that each party in a group is entitled to
  29-19  present that party's witnesses for cross-examination during the
  29-20  hearing.
  29-21        (b)  Rules adopted under Subsection (a) of this section must
  29-22  ensure that all parties receive due process.
  29-23        (c)  The commission may call and hold hearings, administer
  29-24  oaths, receive evidence at hearings, issue subpoenas to compel the
  29-25  attendance of witnesses and the production of papers and documents,
  29-26  and make findings of fact and decisions with respect to
  29-27  administering the provisions of this Act or the rules, orders, or
   30-1  other actions of the commission. Notwithstanding any other
   30-2  provision of this Act or other law, in proceedings other than those
   30-3  involving major rate changes, the commission may delegate to an
   30-4  administrative law judge or hearings examiner the authority to make
   30-5  a final decision and to issue findings of fact, conclusions of law,
   30-6  and other necessary orders in a proceeding in which there is no
   30-7  contested issue of fact or law.  The commission, by rule, shall
   30-8  define the procedures by which it delegates final decision making
   30-9  authority authorized by this section.  For review purposes the
  30-10  final decision of the administrative law judge or hearings examiner
  30-11  has the same effect as a final decision of the commission unless a
  30-12  commissioner requests formal review of the decision.
  30-13        (d)  The commission may change a finding of fact or
  30-14  conclusion of law made by the administrative law judge or hearings
  30-15  examiner or vacate or modify an order issued by the administrative
  30-16  law judge or hearings examiner only if the commission:
  30-17              (1)  determines that the administrative law judge or
  30-18  hearings examiner:
  30-19                    (A)  did not properly apply or interpret
  30-20  applicable law, agency rules or policies, or prior administrative
  30-21  decisions; or
  30-22                    (B)  issued a finding of fact that is not
  30-23  supported by a preponderance of the evidence; or
  30-24              (2)  determines that an agency rule or policy or a
  30-25  prior administrative decision on which the administrative law judge
  30-26  or hearings examiner relied is incorrect or should be changed.
  30-27        (e)  The commission shall state in writing the specific
   31-1  reason and legal basis for its determination under Subsection (d)
   31-2  of this section.
   31-3        (f)  An administrative law judge or hearings examiner, on the
   31-4  judge's or examiner's own motion or on motion of a party and after
   31-5  notice and an opportunity for a hearing, may impose appropriate
   31-6  sanctions as provided by Subsection (g) of this section against a
   31-7  party or its representative for:
   31-8              (1)  filing a motion or pleading that is groundless and
   31-9  brought:
  31-10                    (A)  in bad faith;
  31-11                    (B)  for the purpose of harassment; or
  31-12                    (C)  for any other improper purpose, such as to
  31-13  cause unnecessary delay or needless increase in the cost of the
  31-14  proceeding;
  31-15              (2)  abuse of the discovery process in seeking, making,
  31-16  or resisting discovery; or
  31-17              (3)  failure to obey an order of the administrative law
  31-18  judge, hearings examiner, or commission.
  31-19        (g)  A sanction imposed under Subsection (f) of this section
  31-20  may include, as appropriate and justified, issuance of an order:
  31-21              (1)  disallowing further discovery of any kind or of a
  31-22  particular kind by the offending party;
  31-23              (2)  charging all or any part of the expenses of
  31-24  discovery against the offending party or its representative;
  31-25              (3)  holding that designated facts be deemed admitted
  31-26  for purposes of the proceeding;
  31-27              (4)  refusing to allow the offending party to support
   32-1  or oppose a designated claim or defense or prohibiting the party
   32-2  from introducing designated matters in evidence;
   32-3              (5)  disallowing in whole or in part requests for
   32-4  relief by the offending party and excluding evidence in support of
   32-5  such requests;
   32-6              (6)  punishing the offending party or its
   32-7  representative for contempt to the same extent as a district court;
   32-8              (7)  requiring the offending party or its
   32-9  representative to pay, at the time ordered by the administrative
  32-10  law judge or hearings examiner, the reasonable expenses, including
  32-11  attorney fees, incurred by other parties because of the
  32-12  sanctionable behavior; and
  32-13              (8)  striking pleadings or testimony, or both, in whole
  32-14  or in part, or staying further proceedings until the order is
  32-15  obeyed.
  32-16        (h) <(b)  The commission shall develop a long-term statewide
  32-17  electrical energy forecast which shall be sent to the governor
  32-18  biennially.  The forecast will include an assessment of how
  32-19  alternative energy sources, conservation, and load management will
  32-20  meet the state's electricity needs.>
  32-21        <(c)  Every generating electric utility in the state shall
  32-22  prepare and transmit to the commission by December 31, 1983, and
  32-23  every two years thereafter a report specifying at least a 10-year
  32-24  forecast for assessments of load and resources for its service
  32-25  area.  The report shall include a list of facilities which will be
  32-26  required to supply electric power during the forecast periods.  The
  32-27  report shall be in a form prescribed by the commission.  The report
   33-1  shall include:>
   33-2              <(1)  a tabulation of estimated peak load, resources,
   33-3  and reserve margins for each year during the forecast or assessment
   33-4  period;>
   33-5              <(2)  a list of existing electric generating plants in
   33-6  service with a description of planned and potential generating
   33-7  capacity at existing sites;>
   33-8              <(3)  a list of facilities which will be needed to
   33-9  serve additional electrical requirements identified in the
  33-10  forecasts or assessments, the general location of such facilities,
  33-11  and the anticipated types of fuel to be utilized in the proposed
  33-12  facilities, including an estimation of shutdown costs and disposal
  33-13  of spent fuel for nuclear power plants;>
  33-14              <(4)  a description of additional system capacity which
  33-15  might be achieved through, among other things, improvements in (A)
  33-16  generating or transmission efficiency, (B) importation of power,
  33-17  (C) interstate or interregional pooling, (D) other improvements in
  33-18  efficiencies of operation; and (E) conservation measures;>
  33-19              <(5)  an estimation of the mix and type of fuel
  33-20  resources for the forecast or assessment period;>
  33-21              <(6)  an annual load duration curve and a forecast of
  33-22  anticipated peak loads for the forecast or assessment period for
  33-23  the residential, commercial, industrial, and such other major
  33-24  demand sectors in the service area of the electric utility as the
  33-25  commission shall determine; and>
  33-26              <(7)  a description of projected population growth,
  33-27  urban development, industrial expansion, and other growth factors
   34-1  influencing increased demand for electric energy and the basis for
   34-2  such projections.>
   34-3        <(d)  The commission shall establish and every electric
   34-4  utility shall utilize a reporting methodology for preparation of
   34-5  the forecasts of future load and resources.>
   34-6        <(e)  The commission shall review and evaluate the electric
   34-7  utilities' forecast of load and resources and any public comment on
   34-8  population growth estimates prepared by Bureau of Business
   34-9  Research, University of Texas at Austin.>
  34-10        <(f)  Within 12 months after the receipt of the reports
  34-11  required in Subsection (b)  of this section, the commission shall
  34-12  hold a public hearing and subsequently issue a final report to the
  34-13  governor and notify every electric utility of the commission's
  34-14  electric forecast for that utility.  The commission shall consider
  34-15  its electric forecast in all certification proceedings covering new
  34-16  generation plant.>
  34-17        <(g)>  The commission shall make and enforce rules to
  34-18  encourage the economical production of electric energy by
  34-19  qualifying cogenerators and qualifying small power producers.
  34-20        (i) <(h)>  The commission shall inquire into the management
  34-21  of the business of all public utilities under its jurisdiction,
  34-22  shall keep itself informed as to the manner and method in which the
  34-23  management and business is conducted, and shall obtain from any
  34-24  public utility all necessary information to enable the commission
  34-25  to perform management audits.  The commission may audit each
  34-26  utility under the jurisdiction of the commission as frequently as
  34-27  needed<, but shall audit each utility at least once every 10
   35-1  years>.  Six months after any audit, the utility shall report to
   35-2  the commission on the status of the implementation of the
   35-3  recommendations of the audit and shall file subsequent reports at
   35-4  such times as the commission deems appropriate.
   35-5        SECTION 2.06.  Article III, Public Utility Regulatory Act
   35-6  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   35-7  adding Section 19 to read as follows:
   35-8        Sec. 19.  (a)  The commission by rule shall develop an
   35-9  integrated resource planning process to provide reliable energy
  35-10  service at the lowest overall cost.
  35-11        (b)  The commission shall adopt and periodically update a
  35-12  statewide integrated resource plan.  The commission shall send the
  35-13  plan to the governor when it adopts or revises the plan and notify
  35-14  each electric utility of the approval of the statewide plan and of
  35-15  the utility's individual utility plan.
  35-16        (c)  The statewide plan shall include:
  35-17              (1)  the approved individual plans of electric
  35-18  generating utilities;
  35-19              (2)  an assessment of how alternative energy sources,
  35-20  conservation, and load management will meet the state's electricity
  35-21  needs;
  35-22              (3)  the commission's goals for the use of various
  35-23  energy resources; and
  35-24              (4)  other information required by the commission.
  35-25        (d)  In the manner specified by the commission, each
  35-26  generating electric utility shall submit to the commission on a
  35-27  staggered schedule adopted by the commission a plan to increase its
   36-1  supply of electricity or to decrease the demands made on its system
   36-2  by its customers.
   36-3        (e)  The contents of such a plan shall include but are not
   36-4  limited to the methods that are used by the utility to:
   36-5              (1)  forecast the future demands; and
   36-6              (2)  determine the lowest cost combination of resources
   36-7  to meet the demands or the lowest cost method to reduce the
   36-8  demands.
   36-9        (f)  After a utility has filed its plan, the commission shall
  36-10  convene a public hearing on the adequacy of the plan.  A commission
  36-11  hearing is not required for a plan filed by a municipally owned
  36-12  electric utility, or a plan filed by a river authority or
  36-13  generating electric cooperative that does not intend to build a new
  36-14  generating plant.  At the hearing, any interested person may
  36-15  intervene, present evidence, and cross-examine witnesses regarding
  36-16  the contents and adequacy of the plan.
  36-17        (g)  After the hearing, the commission shall determine
  36-18  whether:
  36-19              (1)  the utility's plan is based on substantially
  36-20  accurate data and an adequate method of forecasting;
  36-21              (2)  the plan identifies and takes into account any
  36-22  present and projected reductions in the demand for energy that may
  36-23  result from measures to improve conservation and energy efficiency
  36-24  in various customer classes of the area being served;
  36-25              (3)  the plan adequately demonstrates the economic,
  36-26  environmental, and other benefits to this state and to the
  36-27  customers of the utility associated with the following possible
   37-1  measures and sources of supply:
   37-2                    (A)  improvements in conservation and energy
   37-3  efficiency;
   37-4                    (B)  demand-side management;
   37-5                    (C)  purchases and sales of power;
   37-6                    (D)  wheeling of power;
   37-7                    (E)  renewable resources;
   37-8                    (F)  cogeneration; and
   37-9                    (G)  any other facilities; and
  37-10              (4)  the plan demonstrates the participation of
  37-11  nongenerating utilities in the development of the plan, if the
  37-12  utility makes wholesale sales to nongenerating utilities.
  37-13        (h)  The commission may determine the measures and sources of
  37-14  supply set forth in Subdivision (3) of Subsection (g) of this
  37-15  section that, on balance, provide reliable energy services at the
  37-16  lowest overall cost.
  37-17        (i)  Within 365 days after the date on which a utility has
  37-18  filed its plan, the commission shall issue a final order on the
  37-19  plan.  The commission may approve, disapprove, or amend and approve
  37-20  the plan.
  37-21        (j)  In carrying out its duties related to the integrated
  37-22  resource planning process, the commission may:
  37-23              (1)  allow timely recovery of reasonable costs of
  37-24  conservation, load management, and purchased power, notwithstanding
  37-25  Subdivision (1) of Subsection (g) of Section 43 of this Act;
  37-26              (2)  authorize additional incentives for conservation,
  37-27  load management, purchased power, and renewable resources;
   38-1              (3)  require a utility to provide transmission service
   38-2  to another utility or any other entity authorized to generate and
   38-3  sell electricity; and
   38-4              (4)  review the state's transmission system to
   38-5  determine and make recommendations to electric utilities on the
   38-6  need to build new power lines, upgrade power lines, and make other
   38-7  improvements and additions as necessary, and who should pay the
   38-8  cost of these improvements if made, review the actions of the
   38-9  electric utilities in light of such recommendations, and take such
  38-10  actions into account in fixing a reasonable return on invested
  38-11  capital under Subsection (b) of Section 39 of this Act.
  38-12        (k)  Before permitting cost recovery or incentives for the
  38-13  utility for a conservation or demand-side management program, the
  38-14  commission must first find that the program is cost-effective in
  38-15  comparison with all other available resources.
  38-16        (l)  In prescribing requirements under this section,
  38-17  including reporting requirements, the commission shall consider and
  38-18  recognize the different generating capacities of small and large
  38-19  utilities.
  38-20        (m)  The process must include procedures for electric
  38-21  utilities to solicit proposals for alternative energy resources,
  38-22  whether supply-side or demand-side.  In any such solicitation, the
  38-23  utility shall consider the feasibility, cost, reliability, and
  38-24  other relevant factors of the solicited resources.
  38-25        (n)  The commission may impose and revise limits on the cost
  38-26  of a resource addition that may be included in the utility's
  38-27  invested capital, for ratemaking purposes, based on the costs
   39-1  relied on by the commission in approving the utility's integrated
   39-2  resource plan or certificate of convenience and necessity.
   39-3        (o)  In addition to its other authority and responsibility
   39-4  under this section, the commission shall establish rules and
   39-5  guidelines which will ensure the development of renewable energy
   39-6  technologies consistent with the criteria of the integrated
   39-7  resource planning process.
   39-8        SECTION 2.07.  Subsection (b), Section 39, Public Utility
   39-9  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  39-10  amended to read as follows:
  39-11        (b)  In fixing a reasonable return on invested capital, the
  39-12  regulatory authority shall consider, in addition to other
  39-13  applicable factors, efforts to comply with the most recent
  39-14  statewide integrated resource plan and the utility's most recent
  39-15  approved individual integrated resource <energy> plan, the efforts
  39-16  and achievements of such utility in the conservation of resources,
  39-17  the quality of the utility's services, the efficiency of the
  39-18  utility's operations, and the quality of the utility's management.
  39-19        SECTION 2.08.  Subsections (a) and (c), Section 52, Public
  39-20  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  39-21  Statutes), are amended to read as follows:
  39-22        (a)  A public utility shall submit to the commission an
  39-23  application to obtain a certificate of public convenience and
  39-24  necessity or an amendment thereof.  The utility shall file
  39-25  concurrently with the office a copy of the application.
  39-26        (c)  Each applicant for a certificate shall file with the
  39-27  commission and the office such evidence as is required by the
   40-1  commission to show that the applicant has received the required
   40-2  consent, franchise, or permit of the proper municipality or other
   40-3  public authority.
   40-4        SECTION 2.09.  Section 52, Public Utility Regulatory Act
   40-5  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   40-6  adding Subsection (d) to read as follows:
   40-7        (d)  Except as provided by rule, the commission may not
   40-8  accept an application for a certificate of convenience and
   40-9  necessity relating to the construction of an electric generating
  40-10  plant if the utility's most recent individual integrated resource
  40-11  plan has been filed with the commission but has not yet been
  40-12  approved.
  40-13        SECTION 2.10.  Section 54, Public Utility Regulatory Act
  40-14  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  40-15  as follows:
  40-16        Sec. 54.  (a)  When an application for a certificate of
  40-17  public convenience and necessity is filed, the commission shall
  40-18  give notice of such application to interested parties and, if
  40-19  requested, shall fix a time and place for a hearing and give notice
  40-20  of the hearing.  Any person interested in the application may
  40-21  intervene at the hearing.
  40-22        (b)  Except for certificates for prior operations granted
  40-23  under Section 53 and certificates for the construction of an
  40-24  electric generating plant, the commission may grant applications
  40-25  and issue certificates only if the commission finds that the
  40-26  certificate is necessary for the service, accommodation,
  40-27  convenience, or safety of the public.  The commission may grant
   41-1  applications and issue certificates for the construction of an
   41-2  electric generating plant only if the proposed plant has been
   41-3  approved by the commission as part of the utility's most recent
   41-4  approved individual integrated resource plan and the utility has
   41-5  conducted a solicitation based on the resource for which it is
   41-6  seeking a certificate.  The commission may issue the certificate as
   41-7  prayed for, or refuse to issue it, or issue it for the construction
   41-8  of a portion only of the contemplated system or facility or
   41-9  extension thereof, or for the partial exercise only of the right or
  41-10  privilege.
  41-11        (c)  Except as provided by Subsection (d) of this section,
  41-12  certificates <Certificates> of convenience and necessity shall be
  41-13  granted on a nondiscriminatory basis after consideration by the
  41-14  commission of the adequacy of existing service, the need for
  41-15  additional service, the effect of the granting of a certificate on
  41-16  the recipient of the certificate and on any public utility of the
  41-17  same kind already serving the proximate area, and on such factors
  41-18  as community values, recreational and park areas, historical and
  41-19  aesthetic values, environmental integrity, and the probable
  41-20  improvement of service or lowering of cost to consumers in such
  41-21  area resulting from the granting of such certificate.
  41-22        (d)  A <In addition to the requirements of this section, an
  41-23  electric utility applying for certificate of convenience and
  41-24  necessity for a new generating plant must first file a notice of
  41-25  intent to file an application for certification.>
  41-26              <(1)  The notice of intent shall set out alternative
  41-27  methods considered to help meet the electrical needs, related
   42-1  electrical facilities, and the advantages and disadvantages of the
   42-2  alternatives.  In addition, the notice shall indicate compatibility
   42-3  with the most recent long-term forecast provided in this Act.>
   42-4              <(2)  The commission shall conduct a hearing on the
   42-5  notice of intent to determine the appropriateness of the proposed
   42-6  generating plant as compared to the alternatives and shall issue a
   42-7  report on its findings.  In conjunction with the issuance of the
   42-8  report, the commission shall render a decision approving or
   42-9  disapproving the notice.  Such decision shall be rendered within
  42-10  180 days from the date of filing the notice of intent.>
  42-11        <(e)  On approval of the notice of intent, a> utility may
  42-12  apply for certification for a generating plant, site, and site
  42-13  facilities no later than 12 months before construction is to
  42-14  commence.
  42-15              (1)  The application for certification shall contain
  42-16  such information as the commission may require to approve <justify>
  42-17  the proposed generating plant, site, and site facilities and to
  42-18  allow a determination showing compatibility with the utility's most
  42-19  recent approved individual integrated resource plan <forecast>.
  42-20              (2)  Certificates of convenience and necessity shall be
  42-21  granted on a nondiscriminatory basis if the commission finds that
  42-22  the proposed new plant is required under the utility's most recent
  42-23  approved individual integrated resource plan <service area
  42-24  forecast, that it is the best and most economical choice of
  42-25  technology for that service area as compatible with the
  42-26  commission's forecast, and that conservation and alternative energy
  42-27  sources cannot meet the need>.  In making this determination, the
   43-1  commission shall review the solicitation process and the utility's
   43-2  decision with respect to the offers it received.  In determining
   43-3  whether to grant a certificate, the commission shall consider the
   43-4  factors prescribed by this subsection and Subsection (c) of this
   43-5  section.  The commission may not reconsider issues that were
   43-6  decided by the commission in the utility's most recent individual
   43-7  integrated resource plan.
   43-8        (e)  The <(f)  If the application for a certificate of
   43-9  convenience and necessity involves new transmission facilities,
  43-10  the> commission shall approve or deny an application for a
  43-11  certificate of convenience and necessity relating to construction
  43-12  of an electric generating plant within 180 days <the application
  43-13  within one year> after the date the application is filed.  If the
  43-14  commission does not approve or deny the application before this
  43-15  deadline, any party may seek a writ of mandamus in a district court
  43-16  of Travis County to compel the commission to make a decision on the
  43-17  application.
  43-18        SECTION 2.11.  Section 62, Public Utility Regulatory Act
  43-19  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  43-20  adding Subsection (c) to read as follows:
  43-21        (c)  The commission may revoke a certificate for a generating
  43-22  plant under construction if the commission finds that construction
  43-23  of the plant is no longer the lowest-cost option taking into
  43-24  consideration the cost to complete the plant relative to other
  43-25  alternatives and finds that it is no longer in the public interest.
  43-26  The commission shall provide appropriate treatment for all prudent
  43-27  expenditures associated with the planning, design, construction,
   44-1  cancellation, and dismantlement of the plant.
   44-2        SECTION 2.12.  Section 43A, Public Utility Regulatory Act
   44-3  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   44-4  as follows:
   44-5        Sec. 43A.  A local exchange company may make changes in its
   44-6  tariffed rules, regulations, or practices that do not affect its
   44-7  charges or rates by filing the proposed changes concurrently with
   44-8  the office and <with> the commission at least 35 days prior to the
   44-9  effective date of the changes.  The commission may require such
  44-10  notice to ratepayers as it considers appropriate.  The commission
  44-11  may on complaint by any affected person or on its own motion hold a
  44-12  hearing, after reasonable notice, to determine the propriety of the
  44-13  change.  Pending the hearing and decision, the commission may
  44-14  suspend the operation of the proposed changes for a period not to
  44-15  exceed 120 days after the date on which the changes would otherwise
  44-16  go into effect.  The commission shall approve, deny, or modify the
  44-17  proposed changes before expiration of the suspension period.  In
  44-18  any proceeding under this section, the burden of proving that the
  44-19  requested relief is in the public interest and complies with this
  44-20  Act shall be borne by the local exchange company.
  44-21        SECTION 2.13.  Sections 63, 64, and 65, Public Utility
  44-22  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), are
  44-23  amended to read as follows:
  44-24        Sec. 63.  No public utility may sell, acquire, lease, or rent
  44-25  any plant as an operating unit or system in this state for a total
  44-26  consideration in excess of $100,000 or merge or consolidate with
  44-27  another public utility operating in this state unless the public
   45-1  utility reports such transaction to the commission and the office
   45-2  within a reasonable time.  All transactions involving the sale of
   45-3  50 percent or more of the stock of a public utility shall also be
   45-4  reported to the commission and the office within a reasonable time.
   45-5  On the filing of a report with the commission, the commission shall
   45-6  investigate the same with or without public hearing, to determine
   45-7  whether the action is consistent with the public interest.  In
   45-8  reaching its determination, the commission shall take into
   45-9  consideration the reasonable value of the property, facilities, or
  45-10  securities to be acquired, disposed of, merged or consolidated.  If
  45-11  the commission finds that such transactions are not in the public
  45-12  interest, the commission shall take the effect of the transaction
  45-13  into consideration in the rate-making proceedings and disallow the
  45-14  effect of such transaction if it will unreasonably affect rates or
  45-15  service.  The provisions of this section shall not be construed as
  45-16  being applicable to the purchase of units of property for
  45-17  replacement or to the addition to the facilities of the public
  45-18  utility by construction.
  45-19        Sec. 64.  No public utility may purchase voting stock in
  45-20  another public utility doing business in Texas, unless the utility
  45-21  reports such purchase to the commission and the office.
  45-22        Sec. 65.  No public utility may loan money, stocks, bonds,
  45-23  notes, or other evidences of indebtedness to any corporation or
  45-24  person owning or holding directly or indirectly any stock of the
  45-25  public utility unless the public utility reports the transaction to
  45-26  the commission and the office within a reasonable time.
  45-27        SECTION 2.14.  (a)  The Public Utility Commission of Texas by
   46-1  rule shall adopt a statewide integrated resource planning process
   46-2  as required by Section 19, Public Utility Regulatory Act (Article
   46-3  1446c, Vernon's Texas Civil Statutes), as added by this article,
   46-4  not later than September 1, 1994.
   46-5        (b)  The changes in law made by this article to Subsection
   46-6  (d), Section 52, and Section 54, Public Utility Regulatory Act
   46-7  (Article 1446c, Vernon's Texas Civil Statutes), take effect
   46-8  September 1, 1994, and apply only to an application for a
   46-9  certificate of convenience and necessity filed on or after that
  46-10  date, except that, in the case of any utility for which the
  46-11  commission has not yet approved an individual integrated resource
  46-12  plan as of September 1, 1994, applications for certificates of
  46-13  convenience and necessity shall be governed by the law in effect
  46-14  prior to the effective date of this Act until the commission
  46-15  approves an integrated resource plan for that utility.
  46-16                               ARTICLE 3
  46-17        SECTION 3.01.  (a)  Article III, Public Utility Regulatory
  46-18  Act (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  46-19  adding Section 16A to read as follows:
  46-20        Sec. 16A.  (a)  The commission by rule shall adopt procedures
  46-21  governing the use of settlements to resolve contested cases.
  46-22        (b)  The rules shall ensure that:
  46-23              (1)  each party retains the right to:
  46-24                    (A)  have a full hearing before the commission on
  46-25  issues that remain in dispute; and
  46-26                    (B)  judicial review of issues that remain in
  46-27  dispute;
   47-1              (2)  an issue of fact raised by a nonsettling party
   47-2  cannot be waived by a settlement or stipulation of the other
   47-3  parties; and
   47-4              (3)  the nonsettling party may use the issue of fact
   47-5  raised by that party as the basis for judicial review.
   47-6        (b)  This section applies only to a proceeding for which a
   47-7  final order has not been issued before the effective date of this
   47-8  Act.  On or after the effective date of this Act, the Public
   47-9  Utility Commission of Texas may not approve a settlement unless the
  47-10  settlement has been reached in accordance with rules adopted under
  47-11  Section 16A, Public Utility Regulatory Act (Article 1446c, Vernon's
  47-12  Texas Civil Statutes), as added by this Act, and its subsequent
  47-13  amendments.
  47-14        SECTION 3.02.  Section 30, Public Utility Regulatory Act
  47-15  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  47-16  as follows:
  47-17        Sec. 30.  The regulatory authority may require an annual
  47-18  reporting from each utility company of all its expenditures for
  47-19  business gifts and entertainment, and institutional,
  47-20  consumption-inducing and other advertising or public relations
  47-21  expenses.  The regulatory authority shall not allow as costs or
  47-22  expenses for rate-making purposes any of these expenditures which
  47-23  the regulatory authority determines not to be in the public
  47-24  interest.  The cost of legislative-advocacy expenses shall not in
  47-25  any case be allowed as costs or expenses for rate-making purposes.
  47-26  Reasonable costs of participating in a proceeding under this Act
  47-27  and reasonable charitable or civic contributions may be allowed not
   48-1  to exceed the amount approved by the regulatory authority.
   48-2        SECTION 3.03.  Article VI, Public Utility Regulatory Act
   48-3  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   48-4  amending Section 41 and adding Section 41C to read as follows:
   48-5        Sec. 41.  The components of invested capital and net income
   48-6  shall be determined according to the following rules:
   48-7              (a)  Invested Capital.  Utility rates shall be based
   48-8  upon the original cost of property used by and useful to the public
   48-9  utility in providing service including construction work in
  48-10  progress at cost as recorded on the books of the utility.  The cost
  48-11  of local exchange company pay telephone property, as that term is
  48-12  defined by Section 41C of this Act, may not be included in the rate
  48-13  base, except as provided by Section 41C of this Act.  The inclusion
  48-14  of construction work in progress is an exceptional form of rate
  48-15  relief to be granted only upon the demonstration by the utility
  48-16  that such inclusion is necessary to the financial integrity of the
  48-17  utility.  Construction work in progress shall not be included in
  48-18  the rate base for major projects under construction to the extent
  48-19  that such projects have been inefficiently or imprudently planned
  48-20  or managed.  Original cost shall be the actual money cost, or the
  48-21  actual money value of any consideration paid other than money, of
  48-22  the property at the time it shall have been dedicated to public
  48-23  use, whether by the utility which is the present owner or by a
  48-24  predecessor, less depreciation.
  48-25              (b)  Separations and Allocations.  Costs of facilities,
  48-26  revenues, expenses, taxes, and reserves shall be separated or
  48-27  allocated as prescribed by the regulatory authority.
   49-1              (c)  Net Income.  By "net income" is meant the total
   49-2  revenues of the public utility less all reasonable and necessary
   49-3  expenses as determined by the regulatory authority.  The regulatory
   49-4  authority shall determine expenses and revenues in a manner
   49-5  consistent with the following:
   49-6                    (1)  Transactions with Affiliated Interests.  (A)
   49-7  Payment to affiliated interests for costs of any services, or any
   49-8  property, right or thing, or for interest expense shall not be
   49-9  allowed either as capital cost or as expense except to the extent
  49-10  that the regulatory authority shall find such payment to be
  49-11  reasonable and necessary for each item or class of items as
  49-12  determined by the commission.  Any such finding shall include
  49-13  specific findings of the reasonableness and necessity of each item
  49-14  or class of items allowed and a finding that the price to the
  49-15  utility is no higher than prices charged by the supplying affiliate
  49-16  to its other affiliates or divisions for the same item or class of
  49-17  items, or to unaffiliated persons or corporations within the same
  49-18  market area or having the same market conditions.  In any case in
  49-19  which the commission finds that the test period affiliate expense
  49-20  is unreasonable, the commission shall determine the reasonable
  49-21  level of the expense and shall include such expense in determining
  49-22  the utility's cost of service.
  49-23                          (B)  Notwithstanding the foregoing
  49-24  provisions of this subsection, charges to a telecommunications
  49-25  utility from an affiliate shall be allowed in cost of service if
  49-26  the utility establishes that the costs have been charged,
  49-27  attributed, or allocated to the utility in accordance with the
   50-1  guidelines and methodology of Parts 32 and 64 of the rules
   50-2  promulgated by the Federal Communications Commission, and that the
   50-3  resulting cost to the utility is less than if the service were
   50-4  acquired by the utility on its own behalf.  <The price paid by gas
   50-5  utilities to affiliated interests for natural gas from Outer
   50-6  Continental Shelf lands shall be subject to a rebuttable
   50-7  presumption that such price is reasonable if the price paid does
   50-8  not exceed the price permitted by federal regulation if such gas is
   50-9  regulated by any federal agency or if not regulated by a federal
  50-10  agency does not exceed the price paid by nonaffiliated parties for
  50-11  natural gas from Outer Continental Shelf lands.  The burden of
  50-12  establishing that such a price paid is not reasonable shall be on
  50-13  any party challenging the reasonableness of such price.>
  50-14                    (2)  Income Taxes.  If the public utility is a
  50-15  member of an affiliated group that is eligible to file a
  50-16  consolidated income tax return, and if it is advantageous to the
  50-17  public utility to do so, income taxes shall be computed as though a
  50-18  consolidated return had been so filed and the utility had realized
  50-19  its fair share of the savings resulting from the consolidated
  50-20  return, unless it is shown to the satisfaction of the regulatory
  50-21  authority that it was reasonable to choose not to consolidate
  50-22  returns.  The amounts of income taxes saved by a consolidated group
  50-23  of which a public utility is a member by reason of the elimination
  50-24  in the consolidated return of the intercompany profit on purchases
  50-25  by the public utility from an affiliate shall be applied to reduce
  50-26  the cost of the property or services so purchased.  The investment
  50-27  tax credit allowed against federal income taxes, to the extent
   51-1  retained by the utility, shall be applied as a reduction in the
   51-2  rate based contribution of the assets to which such credit applies,
   51-3  to the extent and at such rate as allowed by the Internal Revenue
   51-4  Code.
   51-5                    (3)  Expenses Disallowed.  The regulatory
   51-6  authority shall not consider for ratemaking purposes the following
   51-7  expenses:
   51-8                          (A)  legislative advocacy expenses, whether
   51-9  made directly or indirectly, including but not limited to
  51-10  legislative advocacy expenses included in trade association dues;
  51-11                          (B)  payments, except those made under an
  51-12  insurance or risk-sharing arrangement executed before the date of
  51-13  loss, made to cover costs of an accident, equipment failure, or
  51-14  negligence at a utility facility owned by a person or governmental
  51-15  body not selling power inside the State of Texas;
  51-16                          (C)  Costs of processing a refund or credit
  51-17  under Subsection (e) of Section 43 of this Act; or
  51-18                          (D)  any expenditure found by the
  51-19  regulatory authority to be unreasonable, unnecessary, or not in the
  51-20  public interest, including but not limited to executive salaries,
  51-21  advertising expenses, legal expenses, and civil or administrative
  51-22  penalties or fines.
  51-23        The regulatory authority may promulgate reasonable rules and
  51-24  regulations with respect to the allowance or disallowance of any
  51-25  expenses for ratemaking purposes.  The commission shall adopt
  51-26  reasonable rules with respect to the allowance or disallowance of
  51-27  costs of participating in a proceeding under this Act.
   52-1                    (4)  Imputing Directory Advertising to Regulated
   52-2  Operations.  The commission practice of imputing directory
   52-3  advertising to regulated operations will expire September 1, 1995.
   52-4        Sec. 41C.  (a)  The commission shall adopt rules allowing
   52-5  providers of pay telephone service to designate certain pay
   52-6  telephones as public interest pay telephones.  The service of these
   52-7  telephones constitutes public interest pay telephone service if the
   52-8  utility demonstrates that the pay telephone will not recover its
   52-9  cost because the pay telephone is located in:
  52-10              (1)  a rural or remote area where the volume of traffic
  52-11  at the pay telephone is not sufficient to cover the cost of
  52-12  providing the service; or
  52-13              (2)  an area where the expense associated with the
  52-14  provision of the pay telephone service is significant due to theft,
  52-15  vandalism, or other similar problems such that the volume of
  52-16  traffic at the pay telephone is not sufficient to cover the costs
  52-17  of providing the service.
  52-18        (b)  A utility may not include in the company's rate base the
  52-19  costs of local exchange company pay telephone property or include
  52-20  in the company's revenue and expense calculations the expense of
  52-21  providing local exchange company pay telephone service to the
  52-22  public.
  52-23        (c)  A utility may include in the company's cost of service
  52-24  the expense of public interest pay telephone property and the
  52-25  expense of providing public interest pay telephone service.  The
  52-26  utility has the burden of proof in establishing that the pay
  52-27  telephone service constitutes public interest pay telephone
   53-1  service.  In addition, it is not sufficient for the utility to
   53-2  merely show that the pay telephone is not expected to recover its
   53-3  costs.
   53-4        (d)  The commission shall adopt rules to provide that the
   53-5  total value of a contract is considered in determining whether a
   53-6  pay telephone included in a contract for the provision of
   53-7  telecommunications is a public interest pay telephone.
   53-8        (e)  The commission shall adopt rules to implement this
   53-9  section.
  53-10        (f)  In this section:
  53-11              (1)  "Local exchange company pay telephone property"
  53-12  means all property the local exchange company requires to provide
  53-13  pay telephone service to the public, including the cost of pay
  53-14  telephone hardware, pay telephone enclosures, pay telephone
  53-15  internal software, lines costs, and switch costs.  The term does
  53-16  not include property the local exchange company requires to provide
  53-17  public interest pay telephone service.
  53-18              (2)  "Local exchange company pay telephone service"
  53-19  means each act done, rendered, or performed, each thing furnished
  53-20  or supplied, and each facility used, furnished, or supplied by a
  53-21  public utility to provide to the public pay telephone service.  The
  53-22  term does not include an act, thing, or facility used to provide
  53-23  public interest pay telephone service.
  53-24              (3)  "Public interest pay telephone property" means all
  53-25  property the local exchange company requires to provide pay
  53-26  telephone service to the public from a pay telephone designated in
  53-27  accordance with Subsection (a) of this section, including the cost
   54-1  of pay telephone hardware, pay telephone enclosures, pay telephone
   54-2  internal software, lines costs, and switch costs.
   54-3              (4)  "Public interest pay telephone service" means each
   54-4  act done, rendered, or performed, each thing furnished or supplied,
   54-5  and each facility used, furnished, or supplied by a public utility
   54-6  to provide to the public pay telephone service from a pay telephone
   54-7  designated in accordance with Subsection (a) of this section.
   54-8        SECTION 3.04.  Section 42, Public Utility Regulatory Act
   54-9  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  54-10  as follows:
  54-11        Sec. 42.  (a)  Whenever the regulatory authority, after
  54-12  reasonable notice and hearing, on its own motion or on complaint by
  54-13  any affected person, finds that the existing rates of any public
  54-14  utility for any service are unreasonable or in any way in violation
  54-15  of any provision of law, the regulatory authority shall determine
  54-16  the just and reasonable rates, including maximum or minimum rates,
  54-17  to be thereafter observed and in force, and shall fix the same by
  54-18  order to be served on the public utility; and such rates shall
  54-19  constitute the legal rates of the public utility until changed as
  54-20  provided in this Act.  Whenever a public utility does not itself
  54-21  produce or generate that which it distributes, transmits, or
  54-22  furnishes to the public for compensation, but obtains the same from
  54-23  another source, the regulatory authority shall have the power and
  54-24  authority to investigate the cost of such production or generation
  54-25  in any investigation of the reasonableness of the rates of such
  54-26  public utility.
  54-27        (b)  Not later than the 120th day after the regulatory
   55-1  authority notifies the utility that the regulatory authority has
   55-2  decided to proceed with an inquiry under this section relating to
   55-3  the rates of the utility, the utility shall file a rate-filing
   55-4  package concurrently with the regulatory authority and the office.
   55-5  The regulatory authority may grant an extension of the 120-day
   55-6  period or waive the rate-filing package requirement on agreement of
   55-7  the parties.  The regulatory authority shall make a final
   55-8  determination concerning the matter not later than the 185th day
   55-9  after the date on which the utility files the rate-filing package.
  55-10  However, the 185-day period is extended two days for each one day
  55-11  of actual hearings on the merits of the case that exceeds 15 days.
  55-12        (c)  At any time after an initial complaint is filed under
  55-13  this section, the regulatory authority may issue an interim order
  55-14  fixing temporary rates for the utility that will continue until a
  55-15  final determination on the matter is made.  On issuance of a final
  55-16  order, the regulatory authority may require the utility to refund
  55-17  to customers or to credit against future bills all sums collected
  55-18  during the period in which those temporary rates were in effect
  55-19  that are in excess of the rate finally ordered, plus interest at
  55-20  the current rate as finally determined by the commission or, if the
  55-21  amounts collected during the period in which the temporary rates
  55-22  were in effect are less than the amounts that would have been
  55-23  collected under the rate finally ordered, the regulatory authority
  55-24  shall authorize the utility to surcharge bills to recover the
  55-25  difference between those amounts, plus interest on the amount of
  55-26  the difference at the current rate as finally determined by the
  55-27  commission.
   56-1        (d)  If the 185-day period has been extended as provided by
   56-2  Subsection (b) of this section and the regulatory authority has not
   56-3  issued a final order or fixed temporary rates on or before the
   56-4  185th day, the rates charged by the utility on that 185th day
   56-5  automatically become temporary rates.  On issuance of a final
   56-6  order, the regulatory authority shall require the utility to refund
   56-7  to customers or to credit against future bills all sums collected
   56-8  during the period in which those temporary rates were in effect
   56-9  that are in excess of the rate finally ordered, plus interest at
  56-10  the current rate as finally determined by the commission or, if the
  56-11  amounts collected during the period in which the temporary rates
  56-12  were in effect are less than the amounts that would have been
  56-13  collected under the rate finally ordered, the regulatory authority
  56-14  shall authorize the utility to surcharge bills to recover the
  56-15  difference between those amounts, plus interest on the amount of
  56-16  the difference at the current rate as finally determined by the
  56-17  commission.
  56-18        SECTION 3.05.  Section 71A, Public Utility Regulatory Act
  56-19  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  56-20  as follows:
  56-21        Sec. 71A.  (a)  The commission may impose an administrative
  56-22  penalty against a person regulated under this Act who violates this
  56-23  Act or a rule or order adopted under this Act.
  56-24        (b)  The penalty for a violation may be in an amount not to
  56-25  exceed $5,000.  Each day a violation continues or occurs is a
  56-26  separate violation for purposes of imposing a penalty.
  56-27        (c)  The amount of the penalty shall be based on:
   57-1              (1)  the seriousness of the violation, including the
   57-2  nature, circumstances, extent, and gravity of any prohibited acts,
   57-3  and the hazard or potential hazard created to the health, safety,
   57-4  or economic welfare of the public;
   57-5              (2)  the economic harm to property or the environment
   57-6  caused by the violation;
   57-7              (3)  the history of previous violations;
   57-8              (4)  the amount necessary to deter future violations;
   57-9              (5)  efforts to correct the violation; and
  57-10              (6)  any other matter that justice may require.
  57-11        (d)  If the general counsel determines that a violation has
  57-12  occurred, the general counsel may issue to the commission a report
  57-13  that states the facts on which the determination is based and the
  57-14  general counsel's recommendation on the imposition of a penalty,
  57-15  including a recommendation on the amount of the penalty.
  57-16        (e)  Within 14 days after the date the report is issued, the
  57-17  general counsel shall give written notice of the report to the
  57-18  person.  The notice may be given by certified mail.  The notice
  57-19  must include a brief summary of the alleged violation and a
  57-20  statement of the amount of the recommended penalty and must inform
  57-21  the person that the person has a right to a hearing on the
  57-22  occurrence of the violation, the amount of the penalty, or both the
  57-23  occurrence of the violation and the amount of the penalty.
  57-24        (f)  Within 20 days after the date the person receives the
  57-25  notice, the person in writing may accept the determination and
  57-26  recommended penalty of the general counsel or may make a written
  57-27  request for a hearing on the occurrence of the violation, the
   58-1  amount of the penalty, or both the occurrence of the violation and
   58-2  the amount of the penalty.
   58-3        (g)  If the person accepts the determination and recommended
   58-4  penalty of the general counsel, the commission by order shall
   58-5  approve the determination and impose the recommended penalty.
   58-6        (h)  If the person requests a hearing or fails to respond
   58-7  timely to the notice, the general counsel shall set a hearing and
   58-8  give notice of the hearing to the person.  The administrative law
   58-9  judge or hearings examiner shall make findings of fact and
  58-10  conclusions of law and promptly issue to the commission a proposal
  58-11  for a decision about the occurrence of the violation and the amount
  58-12  of a proposed penalty.  Based on the findings of fact, conclusions
  58-13  of law, and proposal for a decision, the commission by order may
  58-14  find that a violation has occurred and impose a penalty or may find
  58-15  that no violation occurred.
  58-16        (i)  The notice of the commission's order given to the person
  58-17  under the Administrative Procedure and Texas Register Act (Article
  58-18  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  58-19  amendments must include a statement of the right of the person to
  58-20  judicial review of the order.
  58-21        (j)  Within 30 days after the date the commission's order is
  58-22  final as provided by Subsection (c), Section 16, Administrative
  58-23  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  58-24  Civil Statutes), and its subsequent amendments, the person shall:
  58-25              (1)  pay the amount of the penalty;
  58-26              (2)  pay the amount of the penalty and file a petition
  58-27  for judicial review contesting the occurrence of the violation, the
   59-1  amount of the penalty, or both the occurrence of the violation and
   59-2  the amount of the penalty; or
   59-3              (3)  without paying the amount of the penalty, file a
   59-4  petition for judicial review contesting the occurrence of the
   59-5  violation, the amount of the penalty, or both the occurrence of the
   59-6  violation and the amount of the penalty.
   59-7        (k)  Within the 30-day period, a person who acts under
   59-8  Subdivision (3) of Subsection (j) of this section may:
   59-9              (1)  stay enforcement of the penalty by:
  59-10                    (A)  paying the amount of the penalty to the
  59-11  court for placement in an escrow account; or
  59-12                    (B)  giving to the court a supersedeas bond that
  59-13  is approved by the court for the amount of the penalty and that is
  59-14  effective until all judicial review of the commission's order is
  59-15  final; or
  59-16              (2)  request the court to stay enforcement of the
  59-17  penalty by:
  59-18                    (A)  filing with the court a sworn affidavit of
  59-19  the person stating that the person is financially unable to pay the
  59-20  amount of the penalty and is financially unable to give the
  59-21  supersedeas bond; and
  59-22                    (B)  giving a copy of the affidavit to the
  59-23  general counsel by certified mail.
  59-24        (l)  The general counsel, on receipt of a copy of an
  59-25  affidavit under Subdivision (2) of Subsection (k) of this section,
  59-26  may file with the court, within five days after the date the copy
  59-27  is received, a contest to the affidavit.  The court shall hold a
   60-1  hearing on the facts alleged in the affidavit as soon as
   60-2  practicable and shall stay the enforcement of the penalty on
   60-3  finding that the alleged facts are true.  The person who files an
   60-4  affidavit has the burden of proving that the person is financially
   60-5  unable to pay the amount of the penalty and to give a supersedeas
   60-6  bond.
   60-7        (m)  If the person does not pay the amount of the penalty and
   60-8  the enforcement of the penalty is not stayed, the general counsel
   60-9  may refer the matter to the attorney general for collection of the
  60-10  amount of the penalty.
  60-11        (n)  Judicial review of the order of the commission:
  60-12              (1)  is instituted by filing a petition as provided by
  60-13  Section 19, Administrative Procedure and Texas Register Act
  60-14  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  60-15  subsequent amendments; and
  60-16              (2)  is under the substantial evidence rule.
  60-17        (o)  If the court sustains the occurrence of the violation,
  60-18  the court may uphold or reduce the amount of the penalty and order
  60-19  the person to pay the full or reduced amount of the penalty.  If
  60-20  the court does not sustain the occurrence of the violation, the
  60-21  court shall order that no penalty is owed.
  60-22        (p)  When the judgment of the court becomes final, the court
  60-23  shall proceed under this subsection.  If the person paid the amount
  60-24  of the penalty and if that amount is reduced or is not upheld by
  60-25  the court, the court shall order that the appropriate amount plus
  60-26  accrued interest be remitted to the person.  The rate of the
  60-27  interest is the rate charged on loans to depository institutions by
   61-1  the New York Federal Reserve Bank, and the interest shall be paid
   61-2  for the period beginning on the date the penalty was paid and
   61-3  ending on the date the penalty is remitted.  If the person gave a
   61-4  supersedeas bond and if the amount of the penalty is not upheld by
   61-5  the court, the court shall order the release of the bond.  If the
   61-6  person gave a supersedeas bond and if the amount of the penalty is
   61-7  reduced, the court shall order the release of the bond after the
   61-8  person pays the amount.
   61-9        (q)  A penalty collected under this section shall be remitted
  61-10  to the comptroller for deposit in the general revenue fund.
  61-11        (r)  All proceedings under this section are subject to the
  61-12  Administrative Procedure and Texas Register Act (Article 6252-13a,
  61-13  Vernon's Texas Civil Statutes) and its subsequent amendments <At
  61-14  the request of the commission, the attorney general shall bring
  61-15  suit for the appointment of a receiver to collect the assets and
  61-16  carry on the business of a water or sewer utility that violates a
  61-17  final order of the commission or allows any property owned or
  61-18  controlled by it to be used in violation of a final order of the
  61-19  commission.>
  61-20        <(b)  The court shall appoint a receiver if such appointment
  61-21  is necessary to guarantee the collection of assessments, fees,
  61-22  penalties, or interest, to guarantee continued service to the
  61-23  customers of the utility, or to prevent continued or repeated
  61-24  violation of the final order.>
  61-25        <(c)  The receiver shall execute a bond to assure the proper
  61-26  performance of the receiver's duties in an amount to be set by the
  61-27  court.>
   62-1        <(d)  After appointment and execution of bond the receiver
   62-2  shall take possession of the assets of the utility specified by the
   62-3  court.  Until discharged by the court, the receiver shall perform
   62-4  the duties that the court directs to preserve the assets and carry
   62-5  on the business of the utility and shall strictly observe the final
   62-6  order involved.>
   62-7        <(e)  Upon a showing of good cause by the utility, the court
   62-8  may dissolve the receivership and order the assets and control of
   62-9  the business returned to the utility>.
  62-10        SECTION 3.06.  Section 116, Public Utility Regulatory Act
  62-11  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  62-12  as follows:
  62-13        Sec. 116.  <(a)>  A person who owns or operates an ADAD and
  62-14  who operates the ADAD without a valid permit or with an expired
  62-15  permit or who operates the ADAD in violation of this article or a
  62-16  commission rule or order is subject to an administrative penalty in
  62-17  accordance with Section 71A of this Act <of not more than $1,000
  62-18  for each day or portion of a day during which the ADAD was
  62-19  operating in  violation of this section.>
  62-20        <(b)  The administrative penalty authorized by this section
  62-21  is civil in nature and is cumulative of any other penalty provided
  62-22  by law.>
  62-23        <(c)  The commission by rule shall prescribe the procedures
  62-24  for assessing an administrative penalty under this section.  The
  62-25  procedures shall require proper notice and hearing in accordance
  62-26  with the Administrative Procedure and Texas Register Act (Article
  62-27  6252-13a, Vernon's Texas Civil Statutes).>
   63-1        <(d)  A person may appeal the final order of the commission
   63-2  under the Administrative Procedure and Texas Register Act (Article
   63-3  6252-13a, Vernon's Texas Civil Statutes), using the substantial
   63-4  evidence rule on appeal.>
   63-5        <(e)  The proceeds of administrative penalties collected
   63-6  under this section shall be deposited to the credit of the General
   63-7  Revenue Fund>.
   63-8        SECTION 3.07.  Sections 78 and 80, Public Utility Regulatory
   63-9  Act (Article 1446c, Vernon's Texas Civil Statutes), are amended to
  63-10  read as follows:
  63-11        Sec. 78.  An assessment is hereby imposed upon each public
  63-12  utility within the commission's jurisdiction, including
  63-13  interexchange telecommunications carriers, serving the ultimate
  63-14  consumer equal to one-sixth of one percent of its gross receipts
  63-15  from rates charged the ultimate consumers in Texas for the purpose
  63-16  of defraying the costs and expenses incurred in the administration
  63-17  of this Act.  The legislature may <Thereafter the commission shall,
  63-18  subject to the approval of the Legislature,>  adjust this
  63-19  assessment to provide a level of income sufficient to fund the
  63-20  commission and the office of public utility counsel.  <Any
  63-21  interexchange telecommunications carrier found dominant as to any
  63-22  service market under Section 100(b) or filing a petition under
  63-23  Section 100(f) of this Act shall be required to reimburse the
  63-24  Office of Public Utility Counsel for the costs of participation
  63-25  before the commission on behalf of residential ratepayers in any of
  63-26  the proceedings under Section 100 of this Act to the extent found
  63-27  reasonable by the commission.  Recovery of costs under this section
   64-1  by the Office of Public Utility Counsel shall not exceed $175,000
   64-2  per annum.>  Nothing in this Act or any other provision of law
   64-3  shall prohibit interexchange telecommunications carriers who do not
   64-4  provide local exchange telephone service from collecting the fee
   64-5  imposed under this Act as an additional item separately stated on
   64-6  the customer bill as "Utility Gross Receipts Assessment."
   64-7        Sec. 80.  (a)  All fees, penalties, and interest paid under
   64-8  the provisions of Sections 78 and 79 of this article shall be
   64-9  collected by the comptroller of public accounts and paid into the
  64-10  general revenue fund.  <The commission shall notify the comptroller
  64-11  of public accounts of any adjustment of the assessment imposed in
  64-12  Section 78 when made.>
  64-13        (b)  All money paid to the commission or to the Office of
  64-14  Public Utility Counsel under this Act shall be deposited in the
  64-15  state treasury.
  64-16        SECTION 3.08.  Subsection (c), Section 6, Chapter 1132, Acts
  64-17  of the 70th Legislature, Regular Session, 1987 (Article 4413(55),
  64-18  Vernon's Texas Civil Statutes), is amended to read as follows:
  64-19        (c)  Any order or ruling of the Public Utility Commission of
  64-20  Texas entered pursuant to this Act shall be deemed to have been
  64-21  entered or adopted under the Public Utility Regulatory Act and, for
  64-22  purposes of enforcement, is subject to enforcement pursuant to
  64-23  Article XI <Sections 71 through 77> of the Public Utility
  64-24  Regulatory Act and its subsequent amendments.
  64-25        SECTION 3.09.  (a)  This article takes effect September 1,
  64-26  1993, and applies to a proceeding for which a final order has not
  64-27  been issued before that date.
   65-1        (b)  The changes in Sections 71A and 116, Public Utility
   65-2  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), and
   65-3  to Subsection (c), Section 6, Chapter 1132, Acts of the 70th
   65-4  Legislature, Regular Session, 1987 (Article 4413(55), Vernon's
   65-5  Texas Civil Statutes), made by this article apply only to a
   65-6  violation committed on or after the effective date of this article.
   65-7  A violation committed before the effective date of this article is
   65-8  governed by the law in effect when the violation occurred, and that
   65-9  law is continued in effect for that purpose.
  65-10                               ARTICLE 4
  65-11        SECTION 4.01.  Section 43B, Public Utility Regulatory Act
  65-12  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  65-13  as follows:
  65-14        Sec. 43B.  (a)  Policy.  The legislature finds that
  65-15  regulatory policy should recognize differences between the small
  65-16  and large local exchange companies, that there are a large number
  65-17  of customer-owned telephone cooperatives and small, locally owned
  65-18  investor companies, and that it is appropriate to provide
  65-19  incentives and flexibility to allow local exchange companies that
  65-20  serve the rural areas to provide existing services and to introduce
  65-21  new technology and new services in a prompt, efficient, and
  65-22  economical manner.
  65-23        (b)  Except as otherwise provided by this section, a local
  65-24  exchange company that is a cooperative corporation, or that,
  65-25  together with all affiliated local exchange companies, has fewer
  65-26  than 31,000 access lines in service in this state, may offer
  65-27  extended local calling services or new services on an optional
   66-1  basis or make minor changes in its rates or tariffs if the company:
   66-2              (1)  files with the commission and the office a
   66-3  statement of intent, as prescribed by Subsection (c) of this
   66-4  section, not later than the 91st day before the date on which the
   66-5  proposed change will take effect;
   66-6              (2)  provides notice as prescribed by Subsection (d) of
   66-7  this section; and
   66-8              (3)  files with the commission affidavits verifying the
   66-9  provision of notice as prescribed by Subsection (d) of this
  66-10  section.
  66-11        (c)  The statement of intent required by Subsection (b)(1) of
  66-12  this section must include:
  66-13              (1)  a copy of a resolution approving the proposed
  66-14  change by the local exchange telephone company's board of
  66-15  directors;
  66-16              (2)  a description of the services affected by the
  66-17  proposed change;
  66-18              (3)  a copy of the proposed tariff for the affected
  66-19  service;
  66-20              (4)  a copy of the customer notice required by
  66-21  Subsection (b)(2) of this section;
  66-22              (5)  the number of access lines the company has in
  66-23  service in this state; and
  66-24              (6)  the amount by which the company's total gross
  66-25  annual revenues will increase or decrease as a result of the
  66-26  change.
  66-27        (d)  The local exchange company shall provide notice to
   67-1  affected customers in the manner prescribed by the commission no
   67-2  later than the 61st day before the date on which the proposed
   67-3  change will take effect.  Each notice prescribed by the commission
   67-4  must include:
   67-5              (1)  a description of the services affected by the
   67-6  proposed change;
   67-7              (2)  the effective date of the proposed change;
   67-8              (3)  an explanation of the customer's right to petition
   67-9  the commission for a review under Subsection (e) of this section,
  67-10  including the number of persons required to petition before a
  67-11  commission review will occur;
  67-12              (4)  an explanation of the customer's right to obtain
  67-13  information concerning how to obtain a copy of the proposed tariff
  67-14  from the company;
  67-15              (5)  the amount by which the company's total gross
  67-16  revenues will increase or decrease as a result of the proposed
  67-17  change; and
  67-18              (6)  a list of rates that are affected by the proposed
  67-19  rate change.
  67-20        (e)  The commission shall review a proposed change filed
  67-21  under this section if:
  67-22              (1)  the commission receives complaints relating to the
  67-23  proposed change signed by the lesser of five percent or 1,500 of
  67-24  the affected local service customers;
  67-25              (2)  the commission receives a complaint relating to
  67-26  the proposed change from an affected intrastate access customer, or
  67-27  a group of affected intrastate access customers, that in the
   68-1  preceding 12 months accounted for more than 10 percent of the
   68-2  company's total intrastate access revenues;
   68-3              (3)  the proposed change is not a minor change;
   68-4              (4)  the company does not comply with the procedural
   68-5  requirements of this section; or
   68-6              (5)  the proposed change is inconsistent with the
   68-7  commission's substantive policies as expressed in its rules.
   68-8        (f)  On review, the commission may suspend the proposed
   68-9  tariff during the pendency of review.
  68-10        (g)  This section does not prohibit a local exchange
  68-11  telephone company from filing for a new service or rate change
  68-12  under another applicable section of this Act or the commission from
  68-13  conducting a review in accordance with Section 42 of this Act.
  68-14        (h)  In this section, "minor change" means a change,
  68-15  including the restructuring of rates of existing services, that
  68-16  decreases the rates or revenues of the local exchange telephone
  68-17  company or that, together with any other rate or proposed or
  68-18  approved tariff changes in the 12 months preceding the date on
  68-19  which the proposed change will take effect, results in an increase
  68-20  of the company's total annual gross revenues by not more than five
  68-21  percent.  Further, with regard to a change to a basic local access
  68-22  line rate, a "minor change" may not, together with any other change
  68-23  to that rate that went into effect during the 12 months preceding
  68-24  the proposed effective date of the requested change, result in an
  68-25  increase of more than 10 percent.  <Except as otherwise provided by
  68-26  this section, a local exchange company that is a cooperative
  68-27  corporation or that has fewer than 5,000 access lines in service in
   69-1  this state may change rates by publishing notice of the change at
   69-2  least 60 days before the date of the change in the place and form
   69-3  as prescribed by the commission.  The notice must include:>
   69-4              <(1)  the reasons for the rate change;>
   69-5              <(2)  a description of the affected service;>
   69-6              <(3)  an explanation of the right of the subscriber to
   69-7  petition the commission for a hearing on the rate change; and>
   69-8              <(4)  a list of rates that are affected by the proposed
   69-9  rate change.>
  69-10        <(b)  At least 60 days before the date of the change, the
  69-11  local exchange company shall file with the commission a statement
  69-12  of intent to change rates containing:>
  69-13              <(1)  a copy of the notice required by Subsection (a)
  69-14  of this section;>
  69-15              <(2)  the number of access lines the company has in
  69-16  service in this state;>
  69-17              <(3)  the date of the most recent commission order
  69-18  setting rates of the company;>
  69-19              <(4)  the increase in total gross annual local revenues
  69-20  that will be produced by the proposed rates;>
  69-21              <(5)  the increase in total gross annual local revenues
  69-22  that will be produced by the proposed rates together with any local
  69-23  rate changes which went into effect during the 12 months preceding
  69-24  the proposed effective date of the requested rate change and any
  69-25  other proposed local rate changes then pending before the
  69-26  commission;>
  69-27              <(6)  the increase in rates for each service category;
   70-1  and>
   70-2              <(7)  other information the commission by rule
   70-3  requires.>
   70-4        <(c)  The commission shall review a proposed change in the
   70-5  rates set by a local exchange company under this section upon the
   70-6  receipt of complaints signed by at least five percent of all
   70-7  affected subscribers or upon its own motion.  The commission may
   70-8  require notice to ratepayers as it considers appropriate.  If
   70-9  sufficient complaints are presented to the commission within 60
  70-10  days after the date notice of the rate change was sent to
  70-11  subscribers, the commission shall review the proposed change.
  70-12  After notice to the local exchange company, the commission may
  70-13  suspend the rates during the pendency of the review and reinstate
  70-14  the rates previously in effect.  Review under this subsection shall
  70-15  be as provided by Section 43 of this Act.  The period for review by
  70-16  the commission does not begin until the local exchange company
  70-17  files a complete rate-filing package.>
  70-18        <(d)  If the commission has entered an order setting a rate,
  70-19  the affected local exchange company may not change that rate under
  70-20  this section before 365 days after the date of the commission's
  70-21  order setting the rate.>
  70-22        <(e)  This section does not prohibit a local exchange company
  70-23  from filing for a rate change under any other applicable section of
  70-24  this Act.>
  70-25        <(f)  The commission shall review a proposed change in the
  70-26  rates of a local exchange company under this section if the
  70-27  proposed rates, together with any local rate changes which went
   71-1  into effect during the 12 months preceding the proposed effective
   71-2  date of the requested rate change as well as any other proposed
   71-3  local rate changes then pending before the commission, will
   71-4  increase its total gross annual local revenues by more than 2-1/2
   71-5  percent or if the proposed change would increase the rate of any
   71-6  service category by more than 25 percent, except for basic local
   71-7  service, which shall be limited to a maximum of 2-1/2 percent of
   71-8  the total gross annual local revenue.  Review under this subsection
   71-9  shall be as provided by Section 43 of this Act.  Each local
  71-10  exchange company may receive a change in its local rates or in any
  71-11  service category pursuant to this section only one time in any
  71-12  12-month period.>
  71-13        (i) <(g)>  Rates established under this section must be in
  71-14  accordance with the rate-setting principles of Article VI of this
  71-15  Act.  However, such companies may provide to its board members,
  71-16  officers, employees, and agents free or reduced rates for services.
  71-17        (j)  Small Company Policy Review.  The commission shall
  71-18  examine its policies, its reporting requirements, and its
  71-19  procedural and substantive rules as they relate to rural and small
  71-20  local exchange companies to eliminate or revise those that place
  71-21  unnecessary burdens and expenses on such small companies.  Within
  71-22  120 days of the effective date of this section, the commission
  71-23  shall consider and may adopt policies which include, but are not
  71-24  limited to, the following:
  71-25              (1)  Policies to allow such small companies to provide
  71-26  required information by report or otherwise as necessary, including
  71-27  a rate filing package when required, in substantially less
   72-1  burdensome and complex form than required of larger local exchange
   72-2  companies.
   72-3              (2)  Policies that permit consideration of the
   72-4  company's future construction plans and operational changes in
   72-5  evaluating the reasonableness of current rates.
   72-6              (3)  Policies that provide for evaluation of the
   72-7  overall reasonableness of current rates no more frequently than
   72-8  once every three years.
   72-9              (4)  Policies that permit small companies to change
  72-10  depreciation and amortization rates when customer rates are not
  72-11  affected by notice to the commission, subject to review by the
  72-12  commission in proceedings under Sections 42 and 43 of this Act.
  72-13              (5)  Policies to allow the small local exchange
  72-14  companies to adopt for new services the rates for the same or
  72-15  substantially similar services offered by a larger local exchange
  72-16  company, without commission requirement of additional cost
  72-17  justification.
  72-18              (6)  Policies that allow a small local exchange
  72-19  company, in lieu of any management audit that would otherwise be
  72-20  required by law, policy, or rule, to instead submit to the
  72-21  commission financial audits of the company regularly performed by
  72-22  independent auditors or required and performed as a result of the
  72-23  company's participation in federal or state financing or
  72-24  revenue-sharing programs.
  72-25              (7)  Notwithstanding any other relevant provision of
  72-26  this Act, the commission may adopt policies under this subsection
  72-27  that the commission considers appropriate.
   73-1        (k) <(h)>  The commission is granted all necessary power and
   73-2  authority to prescribe and collect fees and assessments from local
   73-3  exchange companies necessary to recover the commission's and the
   73-4  Office of Public Utility Counsel's costs of activities carried out
   73-5  and services provided under Subsection (i) of Section 43 and
   73-6  Sections 43A, <and> 43B, and 43C of this Act.
   73-7        (l)  This section may not apply to any local exchange company
   73-8  that is a cooperative corporation partially deregulated under the
   73-9  provisions of Section 43C of this Act.
  73-10        SECTION 4.02.  Section 39, Public Utility Regulatory Act
  73-11  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  73-12  adding Subsection (c) to read as follows:
  73-13        (c)  The commission may extend application of Section 43B of
  73-14  this Act to local exchange companies having 300,000 or fewer access
  73-15  lines in service in this state if the commission determines that
  73-16  the state telecommunications policies in this section and in
  73-17  Sections 2 and 18 of this Act would be served by that action.
  73-18        SECTION 4.03.  Article VI, Public Utility Regulatory Act
  73-19  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  73-20  adding Section 43C to read as follows:
  73-21        Sec. 43C.  (a)  A local exchange company that is a
  73-22  cooperative corporation may vote to partially deregulate the
  73-23  company by sending a ballot to each corporation member.  The ballot
  73-24  may be included in a bill or sent separately.  The ballot shall
  73-25  provide for voting for or against the proposition:  "Authorizing
  73-26  the partial deregulation of the (name of local exchange company)."
  73-27        (b)  The company may offer extended local calling services or
   74-1  new services on an optional basis, restructure rates of existing
   74-2  services, or make changes in its rates or tariffs if:
   74-3              (1)  a majority of the ballots returned to the company
   74-4  not later than the 45th day after the date on which the ballots are
   74-5  mailed favor deregulation; and
   74-6              (2)  the company:
   74-7                    (A)  files concurrently with the commission and
   74-8  the office a statement of intent, as prescribed by Subsection (c)
   74-9  of this section, not later than the 61st day before the date on
  74-10  which the proposed change will take effect;
  74-11                    (B)  provides notice of the proposed change to
  74-12  all customers and municipalities as prescribed by Subsection (d) of
  74-13  this section; and
  74-14                    (C)  files with the commission affidavits
  74-15  verifying the provision of notice as prescribed by Subsection (e)
  74-16  of this section.
  74-17        (c)  The statement of intent required by Paragraph (A) of
  74-18  Subdivision (2) of Subsection (b) of this section must include:
  74-19              (1)  a copy of a resolution approving the proposed
  74-20  change and authorizing the filing of the statement of intent signed
  74-21  by a majority of the members of the local exchange telephone
  74-22  company's board of directors;
  74-23              (2)  a description of the services affected by the
  74-24  proposed change;
  74-25              (3)  a copy of the proposed tariff for the affected
  74-26  service;
  74-27              (4)  a copy of the customer notice required by
   75-1  Subdivision (2) of Subsection (b) of this section;
   75-2              (5)  the amount by which the company's total gross
   75-3  annual revenues will increase or decrease as a result of the
   75-4  change; and
   75-5              (6)  a statement explaining in detail the estimated
   75-6  effect of the change on the utility's revenue by revenue class and
   75-7  stating the classes and number of classes affected.
   75-8        (d)  The local exchange company shall provide to all affected
   75-9  customers and parties, including municipalities, at least two
  75-10  notices of the proposed change by bill insert or by individual
  75-11  notice.  The company shall provide the first notice not later than
  75-12  the 61st day before the date on which the proposed change will take
  75-13  effect.  The company shall provide the last notice not later than
  75-14  the 31st day before the date on which the proposed change will take
  75-15  effect.  Each notice prescribed by this subsection must include:
  75-16              (1)  a description of the services affected by the
  75-17  proposed change;
  75-18              (2)  the effective date of the proposed change;
  75-19              (3)  an explanation of the customer's right to petition
  75-20  the commission for a review under Subsection (f) of this section;
  75-21              (4)  an explanation of the customer's right to obtain a
  75-22  copy of the proposed tariff from the company;
  75-23              (5)  the amount by which the company's total gross
  75-24  annual revenues will increase or decrease as a result of the
  75-25  proposed change; and
  75-26              (6)  a list of rates that are affected by the proposed
  75-27  rate change.
   76-1        (e)  Not later than the 15th day before the date on which the
   76-2  proposed change will take effect, the local exchange telephone
   76-3  company shall file with the commission affidavits that verify that
   76-4  the company provided each notice prescribed under Subsection (d) of
   76-5  this section.
   76-6        (f)  The commission shall review a proposed change filed
   76-7  under this section if:
   76-8              (1)  the commission receives, not later than the 30th
   76-9  day after the date notice is provided under Subsection (d) of this
  76-10  section, complaints relating to the proposed change:
  76-11                    (A)  signed by at least five percent of the
  76-12  affected local service customers; or
  76-13                    (B)  from an affected intrastate access customer,
  76-14  or group of affected intrastate access customers, that in the
  76-15  preceding 12 months accounted for more than 10 percent of the
  76-16  company's total intrastate access revenues; or
  76-17              (2)  the company does not comply with the procedural
  76-18  requirements of this section.
  76-19        (g)  Notwithstanding any other provision of this section, the
  76-20  commission may conduct a review in accordance with Section 42 of
  76-21  this Act.  On review, the commission may suspend the actions of the
  76-22  local exchange telephone company during the pendency of review.
  76-23        (h)  A company that is partially deregulated under this
  76-24  section may vote to reverse the deregulation by sending a ballot to
  76-25  each corporation member.  The ballot may be included in a bill or
  76-26  sent separately.  The ballot shall provide for voting for or
  76-27  against the proposition:  "Reversing the partial deregulation of
   77-1  the (name of local exchange company)."  The partial deregulation is
   77-2  reversed if a majority of the ballots returned to the company not
   77-3  later than the 45th day after the date on which the ballots are
   77-4  mailed favor reversal.
   77-5        (i)  The commission by rule shall prescribe the voting
   77-6  procedures a company is required to use under this section.
   77-7        (j)  This section does not:
   77-8              (1)  prohibit a local exchange telephone company from
   77-9  filing for a new service or rate change under another applicable
  77-10  section of this Act; or
  77-11              (2)  affect the application of other provisions of this
  77-12  Act not directly related to rate-making or the authority of the
  77-13  commission to require the company to file reports required under
  77-14  this Act or under rules adopted by the commission.
  77-15        SECTION 4.04.  Article VI, Public Utility Regulatory Act
  77-16  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  77-17  adding Sections 41D and 41E to read as follows:
  77-18        Sec. 41D.  (a)  A local exchange company may elect to become
  77-19  subject to the applicable provisions and obligations of this
  77-20  section and Section 41E of this Act.  In this section and Section
  77-21  41E of this Act, such companies are referred to as "electing
  77-22  companies."  An electing company shall have an infrastructure
  77-23  commitment that begins on the date of commitment and ends on
  77-24  September 1, 1995.  The annual infrastructure development
  77-25  commitment for an electing company shall be equivalent to that
  77-26  company's net income from directory advertising from the preceding
  77-27  year.  For any partial calendar year during an election period, the
   78-1  infrastructure development commitment is equal to the amount
   78-2  computed by multiplying the electing company's net income from
   78-3  directory advertising for the preceding year by the number of days
   78-4  in the partial year election period and dividing that number by
   78-5  365.  This amount shall be known as the company's Texas
   78-6  infrastructure development commitment.  The amount identified as
   78-7  the company's Texas infrastructure development commitment shall be
   78-8  expended for projects prescribed by this section and Section 41E of
   78-9  this Act.  In order for an infrastructure project to be eligible
  78-10  for funding under this section, a medical or educational customer
  78-11  request for the infrastructure must be submitted to the electing
  78-12  company not later than September 1, 1995.
  78-13        (b)  In this section, a medical or educational customer means
  78-14  a public high school, a four-year public college or university, or
  78-15  an accredited medical hospital.
  78-16        (c)  On the request of a medical or educational customer, an
  78-17  electing company, to meet the needs of that customer, shall:
  78-18              (1)  provide fiber optic facilities or equivalent
  78-19  technologies to connect the requesting educational or medical
  78-20  customer to another educational or medical customer within the same
  78-21  local access transport area (LATA); and/or
  78-22              (2)  provide digital switching capability in each
  78-23  central office that serves a medical or educational customer who
  78-24  has a technical need for the digital switching capability.
  78-25        (d)  No special construction charge shall be imposed on the
  78-26  medical or educational customer for the installation of digital
  78-27  switching capability or fiber optic facilities or equivalent
   79-1  technologies.  The charges for digital switching capability or
   79-2  fiber optic facilities or equivalent technologies for that customer
   79-3  shall not include any special construction costs.
   79-4        (e)  The facilities or equivalent technologies required in
   79-5  Subsection (c) of this section shall be completed within 18 months
   79-6  after the date of receipt of the request from an educational or
   79-7  medical customer.
   79-8        (f)  Any local exchange company serving more than two million
   79-9  access lines in this state shall be deemed to be an electing
  79-10  company effective January 1, 1994.
  79-11        (g)  For an electing company, other than an electing company
  79-12  serving more than two million access lines in this state, the
  79-13  dollar value of the infrastructure development commitment shall be
  79-14  deducted, after the effective date of the company's election, from
  79-15  net income as determined under Section 41(c) of this Act for the
  79-16  purpose of calculating rate of return under this Act.  For an
  79-17  electing company serving more than two million access lines in this
  79-18  state, the dollar value of the infrastructure development
  79-19  commitment shall be deducted, effective December 1, 1994, from net
  79-20  income as determined under Section 41(c) of this Act for the
  79-21  purpose of calculating rate of return under this Act.
  79-22        (h)  The tariffed rates for the following services of an
  79-23  electing company may not be changed by the commission before
  79-24  September 1, 1995:
  79-25              (1)  single line local residential service;
  79-26              (2)  single line local business service;
  79-27              (3)  PBX trunk lines;
   80-1              (4)  multi-line hunt business service;
   80-2              (5)  service connection charges;
   80-3              (6)  residential Lifeline Discount telephone service;
   80-4              (7)  Touch-tone service;
   80-5              (8)  intralata long distance service; and
   80-6              (9)  switched access service.
   80-7        (i)  "Tariffed rates" as used in Subsection (h) of this
   80-8  section means the rates charged on the date of enactment of this
   80-9  section by the legislature, regardless of administrative orders not
  80-10  yet final or subject to or on appeal, for both electing companies
  80-11  of more than two million access lines and for other electing
  80-12  companies who elect under Subsection (a) of this section on or
  80-13  before the effective date of this section.  For all other electing
  80-14  companies, "tariffed rates" means the rates in effect on the date
  80-15  of election.  Notwithstanding any other provision of this
  80-16  subsection, if a rate reduction was previously scheduled to become
  80-17  effective by commission action approved before January 1, 1993, the
  80-18  reduction shall be made as scheduled and the "tariffed rate" is
  80-19  that reduced rate.
  80-20        (j)  For an electing company serving more than one million
  80-21  access lines in this state, an investment qualifies as a Texas
  80-22  infrastructure development commitment investment under this section
  80-23  and Section 41E of this Act only if the investment is in addition
  80-24  to the company's annual capital investment averaged over the three
  80-25  years preceding the date of election.  However, the electing
  80-26  company may apply to the commission for a determination that
  80-27  extraordinary expenditures justify using a different method for
   81-1  determining the level of investment above which the expenditure
   81-2  qualifies as a Texas infrastructure development commitment
   81-3  investment under this section and Section 41E of this Act.
   81-4        (k)  A local exchange company serving between one million and
   81-5  two million, inclusive, access lines in this state shall fulfill
   81-6  all infrastructure requests required under this section and Section
   81-7  41E of this Act up to a value of $25 million for each 12-month
   81-8  period beginning on the effective date of this section and ending
   81-9  on September 1, 1995, if all tax-related issues involved in any
  81-10  pending judicial appeal regarding the company's overall revenues
  81-11  are resolved in favor of the company by an Act of the 73rd
  81-12  Legislature, Regular Session.  In such event, the rate freeze
  81-13  provisions of Subsection (h) of this section shall apply, except
  81-14  that the freeze does not apply to any refunds that result from
  81-15  remand of any other issue involved in any pending judicial appeal
  81-16  regarding the company's overall revenues.  If all tax-related
  81-17  issues involved in any pending judicial appeal regarding the
  81-18  company's overall revenues are not resolved in favor of the company
  81-19  by an Act of the 73rd Legislature, Regular Session, but are
  81-20  resolved in favor of the company in the judicial appellate process,
  81-21  the company may elect under Subsection (a) of this section to
  81-22  become subject to the other applicable provisions and obligations
  81-23  of this section and Section 41E of this Act, and in such event, the
  81-24  rate freeze provisions of Subsection (h) of this section shall
  81-25  apply.  If all tax-related issues involved in any pending judicial
  81-26  appeal regarding the company's overall revenues are not resolved in
  81-27  favor of the company by an Act of the 73rd Legislature, Regular
   82-1  Session, or are not resolved in favor of the company in the
   82-2  judicial appellate process, the company may elect under Subsection
   82-3  (a) of this section to become subject to the other applicable
   82-4  provisions and obligations of this section and Section 41E of this
   82-5  Act, but the rate freeze provisions of Subsection (h) of this
   82-6  section do not apply.
   82-7        Sec. 41E.  (a)  If, on February 1, 1996, an electing company
   82-8  has not committed to specific eligible projects the total amount of
   82-9  the company's Texas infrastructure development commitment required
  82-10  under Section 41D of this Act, the company shall file with the
  82-11  commission a plan for additional infrastructure investment.
  82-12        (b)  The plan required under this section shall propose
  82-13  additional investment so that the electing company's total
  82-14  infrastructure investment under this section and Section 41D of
  82-15  this Act is equivalent to the company's Texas infrastructure
  82-16  development commitment required under Section 41D of this Act.
  82-17        (c)  The plan required under this section shall give primary
  82-18  emphasis to infrastructure investment to benefit:
  82-19              (1)  public community colleges;
  82-20              (2)  public junior colleges;
  82-21              (3)  Texas State Technical College;
  82-22              (4)  regional educational service centers;
  82-23              (5)  public junior high schools;
  82-24              (6)  public middle schools; and
  82-25              (7)  public elementary schools.
  82-26        (d)  The commission shall act on the plan not later than the
  82-27  90th day after the plan is filed.  The commission may approve the
   83-1  filed plan, revise the filed plan, or develop its own plan.
   83-2        SECTION 4.05.  Article V, Public Utility Regulatory Act
   83-3  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   83-4  adding Section 36A to read as follows:
   83-5        Sec. 36A.  A local exchange company will not engage in
   83-6  electronic publishing on or before September 1, 1995.
   83-7        SECTION 4.06.  Section 45, Public Utility Regulatory Act
   83-8  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   83-9  as follows:
  83-10        Sec. 45.    (a)  No public utility may, as to rates or
  83-11  services, make or grant any unreasonable preference or advantage to
  83-12  any corporation or person within any classification, or subject any
  83-13  corporation or person within any classification to any unreasonable
  83-14  prejudice or disadvantage.  No public utility may establish and
  83-15  maintain any unreasonable differences as to rates of service either
  83-16  as between localities or as between classes of service.
  83-17        (b)  A public utility may not impose a restriction, including
  83-18  a geographic requirement per location or a minimum line
  83-19  requirement, that will limit the availability of central office
  83-20  based PBX-type services to any business, either individually or as
  83-21  part of a sharing arrangement.  A public utility may not
  83-22  unreasonably discriminate between individual businesses obtaining
  83-23  central office based PBX-type services and businesses obtaining
  83-24  those services through a sharing arrangement.
  83-25        SECTION 4.07.  Article VII, Public Utility Regulatory Act
  83-26  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  83-27  adding Section 61A to read as follows:
   84-1        Sec. 61A.  (a)  Within six months of the effective date of
   84-2  this section, the commission shall adopt rules providing that
   84-3  owners and operators of pay telephones:
   84-4              (1)  shall not impose any charge for local directory
   84-5  assistance calls or calls made pursuant to Chapter 772, Health and
   84-6  Safety Code; and
   84-7              (2)  shall, if other than a local exchange company, not
   84-8  impose a total charge for a local call that is an amount greater
   84-9  than the rate charged for a local call placed from a pay telephone
  84-10  owned by a local exchange company at the same location.
  84-11        (b)(1)  The commission shall have the authority over private
  84-12  pay telephone providers to investigate and prohibit the blocking of
  84-13  access by consumers to interexchange carriers and other
  84-14  telecommunications utilities for the completion of calls or for
  84-15  access to the operator services of the local exchange carrier
  84-16  serving the area where the private pay telephone is located.  The
  84-17  commission may grant a temporary waiver for blocking if the private
  84-18  pay telephone provider demonstrates that unblocking could result in
  84-19  fraudulent use.
  84-20              (2)  Except as provided under Subdivision (3) of this
  84-21  subsection, the commission shall have all necessary authority over
  84-22  private pay telephone providers and other telecommunications
  84-23  utilities to order just and reasonable compensation for intrastate
  84-24  dial-around calls if the commission finds such compensation to be
  84-25  in the public interest.
  84-26              (3)  Any compensation provided under Subdivision (2) of
  84-27  this subsection may not be paid until the private pay telephone
   85-1  provider certifies that the pay telephone is unblocked.  The
   85-2  commission shall order compensation paid to a private pay telephone
   85-3  provider under this section to be refunded in full if the
   85-4  provider's pay telephone is found to be blocking access to a
   85-5  telecommunications utility other than the presubscribed operator
   85-6  services provider.
   85-7              (4)  This section applies notwithstanding Subsection
   85-8  (c) of Section 18 of this Act.
   85-9        (c)  In addition to the rules adopted under Subsection (a) of
  85-10  this section, the commission shall adopt rules providing that
  85-11  owners and operators of pay telephones:
  85-12              (1)  not impose a charge for calls made to reach the
  85-13  local exchange operator serving the exchange in which the pay
  85-14  telephone is located or calls paid for by credit card; and
  85-15              (2)  afford customers the ability to make calls
  85-16  specified in Subsection (a)(1) and in Subdivision (1) of this
  85-17  subsection without the necessity of inserting a coin into the
  85-18  telephone, unless that ability is technologically infeasible for
  85-19  the pay telephone provider, in which event the commission may waive
  85-20  this requirement until not later than the second anniversary of the
  85-21  effective date of this section.
  85-22        SECTION 4.08.  Section 18A, Public Utility Regulatory Act
  85-23  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  85-24  amending Subsection (h) and adding Subsection (i) to read as
  85-25  follows:
  85-26        (h)  Except as provided by Subsection (i) of this section,
  85-27  this <This> section applies only to a telecommunications utility
   86-1  that is not a dominant carrier.  The commission is granted all
   86-2  necessary power and authority under this Act to promulgate rules
   86-3  and establish procedures for the purposes of enforcing and
   86-4  implementing this section.
   86-5        (i)  Each dominant or nondominant telecommunications utility
   86-6  that provides operator service shall ensure that a caller may
   86-7  access a live operator at the beginning of all live or mechanized
   86-8  operator assisted calls through a method designed to be easily and
   86-9  clearly understandable and accessible to the caller.  A
  86-10  telecommunications utility shall submit to the commission the
  86-11  method by which the utility will provide access to a live operator
  86-12  for review.  This subsection applies regardless of the method by
  86-13  which the telecommunications utility provides the operator service.
  86-14  The requirements of this subsection shall not apply to telephones
  86-15  located in prison or jail facilities.
  86-16                               ARTICLE 5
  86-17        SECTION 5.01.  Section 23, Public Utility Regulatory Act
  86-18  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  86-19  as follows:
  86-20        Sec. 23.  (a)  Any municipality regulating its public
  86-21  utilities pursuant to this Act may <shall> require from those
  86-22  utilities all necessary data to make a reasonable determination of
  86-23  rate base, expenses, investment, and rate of return within the
  86-24  municipal boundaries.  The standards for such determination shall
  86-25  be based on the procedures and requirements of this Act and said
  86-26  municipality shall retain any and all personnel necessary to make
  86-27  the determination of reasonable rates required under this Act.
   87-1        (b)  Not later than the 31st day before the date on which a
   87-2  utility files a statement of intent under Subsection (a) of Section
   87-3  43 of this Act, the utility shall provide to each municipality
   87-4  having original jurisdiction notice of intent to file the
   87-5  statement.  Not later than the 30th day after a municipality
   87-6  receives notice of intent to file a statement, the municipality may
   87-7  request that the utility file with the municipality a statement of
   87-8  intent in accordance with Subsection (a) of Section 43 of this Act.
   87-9  If requested, the utility shall file the statement of intent with
  87-10  the municipality at the same time the statement is filed with the
  87-11  commission and the office.
  87-12        SECTION 5.02.  Subsection (a), Section 43, Public Utility
  87-13  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  87-14  amended to read as follows:
  87-15        (a)  Except as provided by Subsection (b) of Section 23 of
  87-16  this Act, no <No> utility may make changes in its rates except by
  87-17  filing a statement of intent concurrently with the office and with
  87-18  the regulatory authority having original jurisdiction at least 35
  87-19  days prior to the effective date of the proposed change.  The
  87-20  statement of intent shall include proposed revisions of tariffs and
  87-21  schedules and a statement specifying in detail each proposed
  87-22  change, the effect the proposed change is expected to have on the
  87-23  revenues of the company, the classes and numbers of utility
  87-24  consumers affected, and such other information as may be required
  87-25  by the regulatory authority's rules and regulations.  A copy of the
  87-26  statement of intent shall be mailed or delivered to the appropriate
  87-27  officer of each affected municipality, and notice shall be given by
   88-1  publication in conspicuous form and place of a notice to the public
   88-2  of such proposed change once in each week for four successive weeks
   88-3  prior to the effective date of the proposed change in a newspaper
   88-4  having general circulation in each county containing territory
   88-5  affected by the proposed change, and by mail to such other affected
   88-6  persons as may be required by the regulatory authority's rules and
   88-7  regulations.  The regulatory authority may waive the publication of
   88-8  notice requirement prescribed by this subsection in a proceeding
   88-9  that involves a rate reduction for all affected ratepayers only.
  88-10  The applicant shall give notice of the proposed rate change by mail
  88-11  to all affected utility customers.  The regulatory authority by
  88-12  rule shall also define other proceedings for which the publication
  88-13  of notice requirement prescribed by this subsection may be waived
  88-14  on a showing of good cause, provided that no waiver may be granted
  88-15  in any proceeding involving a rate increase to any class or
  88-16  category of ratepayer.
  88-17        SECTION 5.03.  Subsection (g), Section 43, Public Utility
  88-18  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  88-19  amended to read as follows:
  88-20        (g)(1)  A rate or tariff set by the commission shall not
  88-21  authorize a utility to automatically adjust and pass through to its
  88-22  customers changes in fuel or other costs of the utility.
  88-23              (2)(A)  Subdivision (1) of this subsection does not
  88-24  prohibit the commission from reviewing and providing for
  88-25  adjustments of a utility's fuel factor.  The commission by rule
  88-26  shall implement procedures that provide for the timely adjustment
  88-27  of a utility's fuel factor, with or without a hearing.  The
   89-1  procedures shall provide that the findings required by Subdivision
   89-2  (1) of Subsection (c) of Section 41 of this Act regarding fuel
   89-3  transactions with affiliated interests are made in a fuel
   89-4  reconciliation proceeding or in a rate case filed under Subsection
   89-5  (a) of this section or under Section 42 of this Act.  The
   89-6  procedures shall provide an affected party notice and the
   89-7  opportunity to request a hearing before the commission.  However,
   89-8  the commission may adjust a utility's fuel factor without a hearing
   89-9  if the commission determines that a hearing is not necessary.  If
  89-10  the commission holds a hearing, the <Any revision of a utility's
  89-11  billings to its customers to allow for the recovery of additional
  89-12  fuel costs may be made only upon a public hearing and order of the
  89-13  commission.>
  89-14                    <(B)  The> commission may consider any evidence
  89-15  that is appropriate and in the public interest at such hearing.
  89-16  The commission shall render a timely decision approving,
  89-17  disapproving, or modifying the adjustment to the utility's fuel
  89-18  factor.
  89-19                    (B)  The commission by rule shall provide for the
  89-20  reconciliation of a utility's fuel costs on a timely basis.
  89-21                    (C)  A proceeding under this subsection shall not
  89-22  be considered a rate case under Section 43 of this Act.
  89-23              (3)(A)  <The commission may, after a hearing, grant
  89-24  interim relief for fuel cost increases that are the result of
  89-25  unusual and emergency circumstances or conditions.>
  89-26              <(4)(A)>  This subsection applies only to increases or
  89-27  decreases in the cost of purchased electricity which have been:
   90-1                          (i)  accepted by a federal regulatory
   90-2  authority; or
   90-3                          (ii)  approved after a hearing by the
   90-4  Public Utility Commission of Texas.
   90-5                    (B)  The Public Utility Commission of Texas may
   90-6  utilize any appropriate method to provide for the adjustment of the
   90-7  cost of purchased electricity upon such terms and conditions as the
   90-8  commission may determine.  Such purchased electricity costs may be
   90-9  recovered concurrently with the effective date of the changed costs
  90-10  to the purchasing utility or as soon thereafter as is reasonably
  90-11  practical.
  90-12        SECTION 5.04.  Subsection (h), Section 43, Public Utility
  90-13  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  90-14  amended to read as follows:
  90-15        (h)  The commission by rule may prescribe a schedule for
  90-16  electric utilities to appear before the commission in a general
  90-17  rate proceeding under this section.  The schedule shall cover at
  90-18  least a five-year period.  The commission shall review and by rule
  90-19  shall revise the schedule at least every five years.  The rules
  90-20  prescribing the schedule must:
  90-21              (1)  provide that the schedule applies only to
  90-22  investor-owned electric utilities and to the electric operations of
  90-23  river authorities;
  90-24              (2)  allow a utility to initiate a rate proceeding
  90-25  before its scheduled time if:
  90-26                    (A)  the utility is earning a return on equity,
  90-27  computed over the immediately preceding 12-month period, that is
   91-1  less than the utility's allowed return on equity as established by
   91-2  the commission in the utility's most recent general rate case; or
   91-3                    (B)  a new generating facility or other major
   91-4  construction project has been completed and has been placed in
   91-5  service;
   91-6              (3)  specifically authorize a utility to initiate a
   91-7  rate proceeding before its scheduled time by a showing of good
   91-8  cause;
   91-9              (4)  define the good cause conditions that will allow a
  91-10  utility to initiate a rate proceeding before its scheduled time;
  91-11  and
  91-12              (5)  define the conditions under which a utility may
  91-13  bypass a scheduled rate proceeding if a rate change is not needed
  91-14  <A  water or sewer utility exempted in Subsection (a) of this
  91-15  section may change its rates by filing a statement of change with
  91-16  the commission at least 30 days after providing notice of the
  91-17  change to its customers.  The changed rates may be put into effect
  91-18  on the filing of the statement of change.  At the request of
  91-19  one-tenth of the customers of the utility within 60 days after the
  91-20  day the rates are put into effect, the commission may hold a
  91-21  hearing, which may be an informal proceeding.  On a finding by the
  91-22  commission that the changed rates are not just and reasonable, the
  91-23  commission shall set the utility's rates according to its usual
  91-24  procedure.  The utility shall refund or credit against future bills
  91-25  all sums collected since the filing of the statement of change in
  91-26  excess of the rate finally set plus interest at the current rate as
  91-27  finally determined by the commission.  No filing for a rate change
   92-1  under this section may be made for a period of six months from the
   92-2  last such filing by the same utility>.
   92-3        SECTION 5.05.  Article VI, Public Utility Regulatory Act
   92-4  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   92-5  adding Section 37A to read as follows:
   92-6        Sec. 37A.  (a)  An electric cooperative corporation that
   92-7  provides retail electric utility service at distribution voltage is
   92-8  exempt from rate regulation if a majority of the members voting in
   92-9  an election on the deregulation of the electric cooperative vote to
  92-10  approve the exemption and the electric cooperative sends notice of
  92-11  the action to each applicable regulatory authority.  An electric
  92-12  cooperative that wants to hold an election under this section shall
  92-13  send a ballot by mail to each electric cooperative member.  The
  92-14  electric cooperative may include the ballot in a monthly billing.
  92-15  The ballot shall provide for voting for or against rate
  92-16  deregulation of the electric cooperative.  If the proposition is
  92-17  approved, the electric cooperative shall send each ballot to the
  92-18  commission not later than the 10th day after the date the electric
  92-19  cooperative counts the ballots.  Based on the ballots received, the
  92-20  commission shall administratively certify that the electric
  92-21  cooperative is or is not deregulated for rate-making purposes.  An
  92-22  electric cooperative may not hold another election on the issue of
  92-23  being exempt from rate regulation before the first anniversary of
  92-24  the most recent election on the issue.  Subsections (b) through (n)
  92-25  of this section apply to an electric cooperative that has elected
  92-26  to be exempt from rate regulation.
  92-27        (b)  No regulatory authority shall fix and regulate the rates
   93-1  of an electric cooperative that has made an election under this
   93-2  section to be exempt from rate regulation except as provided for
   93-3  the commission in Subsections (g) and (i) of this section.
   93-4  Notwithstanding Subsection (a) of Section 17 of this Act, the
   93-5  commission has exclusive original jurisdiction in all of the
   93-6  electric cooperative's service area in a proceeding initiated under
   93-7  Subsection (g) or (i) of this section.
   93-8        (c)  An electric cooperative may change its rates by:
   93-9              (1)  adopting a resolution approving the proposed
  93-10  change;
  93-11              (2)  mailing notice of the proposed change to:
  93-12                    (A)  the commission;
  93-13                    (B)  each affected municipality;
  93-14                    (C)  each affected customer, which notice may be
  93-15  included in a monthly billing; and
  93-16                    (D)  each electric utility providing retail
  93-17  service in the electric cooperative's service area or in the
  93-18  adjoining service area; and
  93-19              (3)  making available at each of the electric
  93-20  cooperative's business offices for review by all interested persons
  93-21  a cost-of-service study that:
  93-22                    (A)  is not more than five years old at the time
  93-23  the electric cooperative adopts rates under this subsection; and
  93-24                    (B)  bears the certification of a professional
  93-25  engineer or certified public accountant.
  93-26        (d)(1)  The notice required by Subsection (c) of this section
  93-27  must contain the following information:
   94-1                    (A)  the increase or decrease in total operating
   94-2  revenues over actual test year revenues or over test year revenues
   94-3  adjusted to annualize the recovery of changes in the cost of
   94-4  purchased electricity, stated both as a dollar amount and as a
   94-5  percentage;
   94-6                    (B)  the classes of utility customers affected
   94-7  and the creation and application of any new rate classes;
   94-8                    (C)  the increase or decrease for each class
   94-9  stated as a percentage of actual test year revenues for the class
  94-10  or of test year revenues for the class adjusted to annualize the
  94-11  recovery of changes in the cost of purchased electricity;
  94-12                    (D)  a statement that the commission may review
  94-13  the rate change if the commission receives a petition in accordance
  94-14  with Subsection (g) of this section;
  94-15                    (E)  the address and telephone number of the
  94-16  commission;
  94-17                    (F)  a statement that a customer opposed to the
  94-18  rate change should notify the electric cooperative in writing of
  94-19  the person's opposition and should provide a return address; and
  94-20                    (G)  a statement that members may review a copy
  94-21  of any written opposition the electric cooperative receives.
  94-22              (2)  The electric cooperative may not be required to
  94-23  include additional information in the notice.
  94-24        (e)  The electric cooperative shall make available for review
  94-25  by a member of the cooperative at each of the electric
  94-26  cooperative's business offices a copy of any written opposition to
  94-27  the rate change the electric cooperative receives.
   95-1        (f)  The electric cooperative shall file tariffs with the
   95-2  commission.  If the electric cooperative complies with Subsection
   95-3  (c) of this section, the commission shall approve the tariffs not
   95-4  later than the 10th day after the 60-day period prescribed by
   95-5  Subsection (g) of this section expires, unless a review is required
   95-6  under Subsection (g) or (i) of this section.  If the tariffs are
   95-7  approved or if a review is not required and the commission fails to
   95-8  act during the period prescribed by this subsection, the change in
   95-9  rates takes effect on the 70th day after the date on which the
  95-10  electric cooperative first complies with all requirements of
  95-11  Subsection (c) of this section or on a later date determined by the
  95-12  electric cooperative.  Except as provided by Subsections (g) and
  95-13  (i) of this section, the rates of the electric cooperative are not
  95-14  subject to review.
  95-15        (g)  The commission shall review a change in rates under this
  95-16  section if, not later than the 60th day after the date the electric
  95-17  cooperative first complies with all requirements of Subsection (c)
  95-18  of this section, the commission receives a petition requesting
  95-19  review signed by:
  95-20              (1)  at least 10 percent of the members of the electric
  95-21  cooperative;
  95-22              (2)  members of the electric cooperative who purchased
  95-23  more than 50 percent of the electric cooperative's annual energy
  95-24  sales to a customer class in the test year, provided that the
  95-25  petition includes a certification of the purchases; or
  95-26              (3)  an executive officer of an affected electric
  95-27  utility, provided that the petition prescribes the particular class
   96-1  or classes for which a review is requested.
   96-2        (h)  When a person files a petition under Subsection (g) of
   96-3  this section, the person shall notify the electric cooperative in
   96-4  writing of the action.
   96-5        (i)  The commission may on its own motion review the rates of
   96-6  an electric cooperative if the commission first finds that there is
   96-7  good cause to believe that the electric cooperative is earning more
   96-8  than a reasonable return on overall system revenues or on revenue
   96-9  from a rate class.
  96-10        (j)  The commission shall conduct a review under Subdivision
  96-11  (1) or (2) of Subsection (g) of this section or under Subsection
  96-12  (i) of this section in accordance with Section 43 of this Act and
  96-13  the other applicable rate-setting principles of Article VI of this
  96-14  Act, except that:
  96-15              (1)  the period for review does not begin until the
  96-16  electric cooperative files a rate-filing package as required by
  96-17  commission rules;
  96-18              (2)  the proposed change may not be suspended during
  96-19  the pendency of the review; however, the electric cooperative shall
  96-20  refund or credit against future bills all sums collected in excess
  96-21  of the rate finally set by the commission, if the commission so
  96-22  orders; and
  96-23              (3)  the electric cooperative shall observe the rates
  96-24  set by the commission until the rates are changed as provided by
  96-25  this section or by other sections of this Act.
  96-26        (k)  For a review conducted under Subdivision (3) of
  96-27  Subsection (g) of this section, the electric cooperative shall file
   97-1  with the commission a copy of the cost-of-service study required
   97-2  under Subsection (c)(3) of this section not later than the 10th day
   97-3  after the date the electric cooperative receives from the affected
   97-4  electric utility notice that a petition has been filed.  The
   97-5  commission shall determine for each class for which review has been
   97-6  requested the annual cost of providing service to the class, as
   97-7  stated in the electric cooperative's cost-of-service study, and the
   97-8  revenues for the class that would be produced by multiplying the
   97-9  rate set by the electric cooperative by the annual billing units
  97-10  for the class, as stated in the cost-of-service study.  If the
  97-11  electric cooperative proposes a rate class solely for a new
  97-12  customer, the electric cooperative shall estimate the reasonable
  97-13  annual cost of providing service to the class, and the electric
  97-14  cooperative shall base class revenues on reasonable estimates of
  97-15  billing units.
  97-16        (l)  The rate for each class for which review has been
  97-17  requested under Subdivision (3) of Subsection (g) of this section
  97-18  is suspended during the pendency of the review.  The commission
  97-19  shall dismiss the petition and approve the rates if the revenues
  97-20  for the class are equal to or greater than the cost of providing
  97-21  service to the class.  The commission shall disapprove the rate if
  97-22  the revenues for the class are less than the cost of providing
  97-23  service to the class; however, this action does not affect
  97-24  reconsideration of the rate as a part of any subsequent rate-making
  97-25  proceeding.  The rate adopted by the electric cooperative is deemed
  97-26  approved and may be placed into effect if the commission fails to
  97-27  make its final determination administratively not later than the
   98-1  45th day after the date the electric cooperative files its
   98-2  cost-of-service study.
   98-3        (m)  Except as provided by Subsection (a) of this section,
   98-4  the members of an electric cooperative may at any time revoke the
   98-5  electric cooperative's election to be exempt from rate regulation
   98-6  or elect to again be exempt from rate regulation by majority vote
   98-7  of the members voting.
   98-8        (n)  This section does not affect the application of other
   98-9  provisions of this Act not directly related to rates or to the
  98-10  authority of the commission to require an electric cooperative to
  98-11  file reports required under this Act or rules adopted by the
  98-12  commission.  A service fee or a service rule or regulation set by
  98-13  the electric cooperative under this section must comply with
  98-14  commission rules applicable to all electric utilities.  The
  98-15  commission may determine whether an electric cooperative has
  98-16  unlawfully charged, collected, or received a rate for electric
  98-17  utility service.
  98-18        SECTION 5.06.  Article XIII, Public Utility Regulatory Act
  98-19  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  98-20  adding Section 88B to read as follows:
  98-21        Sec. 88B.  (a)  If the United States Congress enacts an
  98-22  energy tax based on British thermal units (Btu) and the tax becomes
  98-23  law, each electric utility shall state on each customer's bill the
  98-24  amount included in the bill that is derived from that tax.
  98-25        (b)  The commission by rule shall prescribe the procedure an
  98-26  electric utility shall use to determine the amount derived from the
  98-27  tax and shall specify the form used for the statement.
   99-1                               ARTICLE 6
   99-2        SECTION 6.01.  Subsections (a), (b), and (e), Section 17,
   99-3  Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
   99-4  Statutes), are amended to read as follows:
   99-5        (a)  Subject to the limitations imposed in this Act, and for
   99-6  the purpose of regulating rates and services so that such rates may
   99-7  be fair, just, and reasonable, and the services adequate and
   99-8  efficient, the governing body of each municipality shall have
   99-9  exclusive original jurisdiction over all electric<, water, and
  99-10  sewer> utility rates, operations, and services provided by an
  99-11  electric<, water, and sewer> utility within its city or town
  99-12  limits.
  99-13        (b)  A <At any time after two years have passed from the date
  99-14  this Act becomes effective, a> municipality may elect to have the
  99-15  commission exercise exclusive original jurisdiction over electric<,
  99-16  water, or sewer> utility rates, operations, and services within the
  99-17  incorporated limits of the municipality.  The governing body of a
  99-18  municipality may by ordinance elect to surrender its original
  99-19  jurisdiction to the commission, or the governing body may submit
  99-20  the question of the surrender to the qualified voters at a
  99-21  municipal election.  Upon receipt of a petition signed by the
  99-22  lesser of 20,000 or ten percent of the number of qualified voters
  99-23  voting in the last preceding general election in that municipality,
  99-24  the governing body shall submit the question of the surrender of
  99-25  the municipality's original jurisdiction to the commission at a
  99-26  municipal election.
  99-27        (e)  The commission shall have exclusive original
  100-1  jurisdiction over electric<, water, and sewer> utility rates,
  100-2  operations, and services not within the incorporated limits of a
  100-3  municipality exercising exclusive original jurisdiction over those
  100-4  rates, operations, and services as provided in this Act.
  100-5        SECTION 6.02.  Subsections (p), (q), and (r), Section 18,
  100-6  Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  100-7  Statutes), are amended to read as follows:
  100-8        (p)  <Before January 15 of each odd-numbered year, the
  100-9  commission shall report to the legislature on the scope of
 100-10  competition in regulated telecommunications markets and the impact
 100-11  of competition on customers in both competitive and noncompetitive
 100-12  markets, with a specific focus on rural markets.  The report shall
 100-13  include an assessment of the impact of competition on the rates and
 100-14  availability of telecommunications services for residential and
 100-15  business customers and shall specifically address any effects on
 100-16  universal service.  The report shall provide a summary of
 100-17  commission actions over the preceding two years that reflect
 100-18  changes in the scope of competition in regulated telecommunications
 100-19  markets.  The report shall also include recommendations to the
 100-20  legislature for further legislation that the commission finds
 100-21  appropriate to promote the public interest in the context of a
 100-22  partially competitive telecommunications market.>
 100-23        <(q)>  The commission may exempt from any requirement of this
 100-24  section an interexchange telecommunications carrier that the
 100-25  commission determines does not have a significant effect on the
 100-26  public interest, and it may exempt any interexchange carrier which
 100-27  solely relies on the facilities of others to complete long distance
  101-1  calls if the commission deems this action to be in the public
  101-2  interest.
  101-3        (q) <(r)>  Requirements imposed by Subsections (c), (d), (k),
  101-4  (l), (m), (n), (o), and (p)<, and (q)> of this section on an
  101-5  interexchange telecommunications carrier shall apply to nondominant
  101-6  carriers and shall constitute the minimum requirements to be
  101-7  imposed by the commission for any dominant carrier.
  101-8        SECTION 6.03.  Subsection (c), Section 26, Public Utility
  101-9  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), as
 101-10  amended by Chapters 325 and 1167, Acts of the 71st Legislature,
 101-11  Regular Session, 1989, is amended to reconcile those amendments to
 101-12  read as follows:
 101-13        (c)(1)  Ratepayers of a municipally owned electric utility
 101-14  outside the municipal limits may appeal any action of the governing
 101-15  body affecting the rates of the municipally owned electric utility
 101-16  through filing with the commission a petition for review signed by
 101-17  the lesser of 10,000 or 5 percent of the ratepayers served by such
 101-18  utility outside the municipal limits.  For purposes of this
 101-19  subsection each person receiving a separate bill shall be
 101-20  considered as a ratepayer.  But no person shall be considered as
 101-21  being more than one ratepayer notwithstanding the number of bills
 101-22  received.  Such petition for review shall be considered properly
 101-23  signed if signed by any person, or spouse of any such person, in
 101-24  whose name residential utility service is carried.
 101-25              (2)  The municipality that owns the electric utility
 101-26  shall on request disclose to any person the number of ratepayers
 101-27  who reside outside the municipal limits.  The municipality shall
  102-1  provide the information by telephone or in a written form, as
  102-2  preferred by the person making the request.  The municipality may
  102-3  not charge a fee for providing the information.  The municipality
  102-4  shall on request provide to any person a list of the names and
  102-5  addresses of the ratepayers who reside outside the municipal
  102-6  limits.  The municipality may charge a reasonable fee to cover the
  102-7  cost of providing the list.
  102-8              (3) <(2)>  Not later than the 14th day after the date
  102-9  on which the governing body makes a final decision, the
 102-10  municipality shall issue a written report stating the effect of the
 102-11  decision on each class of ratepayers.  The appeal process shall be
 102-12  instituted by filing a petition for review with the commission and
 102-13  serving copies on all parties to the original rate proceeding.  The
 102-14  petition must be filed not later than the 45th day after the date
 102-15  on which the municipality issues the written report prescribed by
 102-16  this subsection.
 102-17              (4)  Not later than the 90th day after the date on
 102-18  which a petition for review that meets the requirements of this
 102-19  subsection is filed, the municipality shall file with the
 102-20  commission a rate application that complies in all material
 102-21  respects with the rules and forms prescribed by the commission.
 102-22  The commission may, for good cause shown, extend the <time> period
 102-23  for filing the rate application.
 102-24        SECTION 6.04.  Section 41B, Public Utility Regulatory Act
 102-25  (Article 1446c, Vernon's Texas Civil Statutes), as added by Chapter
 102-26  1182, Acts of the 71st Legislature, Regular Session, 1989, is
 102-27  amended to read as follows:
  103-1        Sec. 41D <41B>.  The commission shall not have the authority
  103-2  to interfere with employee wages and benefits, working conditions,
  103-3  or other terms or conditions of employment that are the product of
  103-4  a collective bargaining agreement recognized under federal law.
  103-5  Employee wage rates and benefit levels that are the product of such
  103-6  bargaining shall be presumed reasonable.
  103-7        SECTION 6.05.  Subsection (c), Section 43, Public Utility
  103-8  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  103-9  amended to read as follows:
 103-10        (c)  Whenever there is filed with the Regulatory Authority
 103-11  any schedule modifying or resulting in a change in any rates then
 103-12  in force, the Regulatory Authority shall on complaint by any
 103-13  affected person or may on its own motion, at any time within 30
 103-14  days from the date when such change would or has become effective,
 103-15  and, if it so orders, without answer or other formal pleading by
 103-16  the utility, but on reasonable notice, including notice to the
 103-17  governing bodies of all affected municipalities and counties, enter
 103-18  on a hearing to determine the propriety of such change.  The
 103-19  Regulatory Authority shall hold such a hearing in every case in
 103-20  which the change constitutes a major change in rates, provided that
 103-21  an informal proceeding may satisfy this requirement if no complaint
 103-22  has been received before the expiration of 45 days after notice of
 103-23  the change shall have been filed.  In each case where the
 103-24  commission determines it is in the public interest to collect
 103-25  testimony at a regional hearing for the inclusion in the record,
 103-26  the commission shall hold a regional hearing at an appropriate
 103-27  location.  A regional hearing is not required in a case involving a
  104-1  <water, sewer, or> member-owned utility, unless the commission
  104-2  determines otherwise.
  104-3        SECTION 6.06.  Section 49, Public Utility Regulatory Act
  104-4  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  104-5  as follows:
  104-6        Sec. 49.  For the purposes of this article only,
  104-7  "retail<:  (a) "Retail> public utility" means any person,
  104-8  corporation, <water supply or sewer service corporation,>
  104-9  municipality, political subdivision or agency, or cooperative
 104-10  corporation, now or hereafter operating, maintaining, or
 104-11  controlling in Texas facilities for providing retail utility
 104-12  service.
 104-13        <(b)  For the purposes of this article only, "public utility"
 104-14  includes a water supply or sewer service corporation.>
 104-15        SECTION 6.07.  Subsections (a) and (b), Section 72, Public
 104-16  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
 104-17  Statutes), are amended to read as follows:
 104-18        (a)  Any public utility<, water supply or sewer service
 104-19  corporation,> or affiliated interest that knowingly violates a
 104-20  provision of this Act, fails to perform a duty imposed on it, or
 104-21  fails, neglects, or refuses to obey an order, rule, regulation,
 104-22  direction, or requirement of the commission or decree or judgment
 104-23  of a court, shall be subject to a civil penalty of not less than
 104-24  $1,000 nor more than $5,000 for each offense.
 104-25        (b)  A public utility<, water supply or sewer service
 104-26  corporation,> or affiliated interest commits a separate offense
 104-27  each day it continues to violate the provisions of Subsection (a)
  105-1  of this section.
  105-2        SECTION 6.08.  Subsection (a), Section 74, Public Utility
  105-3  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  105-4  amended to read as follows:
  105-5        (a)  Except as provided by Section 117 <87B> of this Act, any
  105-6  person or persons who willfully and knowingly violate the
  105-7  provisions of this Act shall be guilty of a third degree felony.
  105-8        SECTION 6.09.  The following sections of the Public Utility
  105-9  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes) are
 105-10  repealed:
 105-11              (1)  Section 71B;
 105-12              (2)  Section 87A; and
 105-13              (3)  Section 90.
 105-14                               ARTICLE 7
 105-15        SECTION 7.01.  Article XIII, Public Utility Regulatory Act
 105-16  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
 105-17  adding Sections 91A and 91B to read as follows:
 105-18        Sec. 91A.  (a)  The commission may receive, monitor, and
 105-19  attempt to mediate complaints relating to cellular telephone
 105-20  service that have been submitted by cellular customers or carriers.
 105-21        (b)  This section does not give the commission the authority
 105-22  to regulate in any way cellular services or rates.
 105-23        (c)  This section expires August 31, 1995.
 105-24        Sec. 91B.  (a)  The lieutenant governor and speaker of the
 105-25  house of representatives shall appoint a joint interim committee
 105-26  composed of members of the senate appointed by the lieutenant
 105-27  governor and an equal number of members of the house of
  106-1  representatives appointed by the speaker of the house of
  106-2  representatives.
  106-3        (b)  The lieutenant governor shall designate a member of the
  106-4  senate and the speaker of the house of representatives shall
  106-5  designate a member of the house of representatives to serve as
  106-6  co-presiding officers.
  106-7        (c)  Members of the committee serve without compensation.
  106-8  The members are entitled to reimbursement for expenses from the
  106-9  member's house to the same extent as for other legislative duties.
 106-10  Expenses of cooperating and support agencies and offices, including
 106-11  the cost of staff provided under Subsection (g) or (h) of this
 106-12  section, shall be borne by those agencies.
 106-13        (d)  The joint committee shall study:
 106-14              (1)  the structure of the commission;
 106-15              (2)  state telecommunications regulatory policy with
 106-16  specific attention to matters prescribed by the lieutenant governor
 106-17  and speaker of the house of representatives;
 106-18              (3)  competition in providing local exchange service;
 106-19              (4)  regulation of exempt wholesale generators;
 106-20              (5)  the possibility for long-distance
 106-21  telecommunications service within a local-access transport area
 106-22  (intralata toll service) by interexchange telecommunications
 106-23  carriers who are not local exchange companies, under the same
 106-24  dialing arrangements as local exchange companies;
 106-25              (6)  tax issues, including investment tax credits,
 106-26  accelerated depreciation, consolidated returns, affiliates, and
 106-27  disallowances, for all utilities except for gas utilities;
  107-1              (7)  any other utility matter specified by the
  107-2  lieutenant governor or speaker; and
  107-3              (8)  the limitations, if any, which may or may not be
  107-4  imposed upon the use or non-use of customer specific information by
  107-5  local exchange carriers.
  107-6        (e)  In addition to the duties prescribed by Subsection (d)
  107-7  of this section, the committee shall supervise the commission in
  107-8  the collection of information on current cellular telephone
  107-9  services as prescribed by Section 91A of this Act.
 107-10        (f)  The joint committee shall develop a report that analyzes
 107-11  the issues studied by the committee and that includes specific
 107-12  policy options and recommended rule or statutory changes to
 107-13  implement the policy options.  The joint committee may make
 107-14  preliminary reports but shall make a final report not later than
 107-15  November 1, 1994.
 107-16        (g)  On request of the committee, the commission, the office,
 107-17  the Texas Legislative Council, the governor's office, the senate,
 107-18  and the house of representatives shall provide staff as necessary
 107-19  to carry out the duties of the joint committee.
 107-20        (h)  If necessary to the discharge of its duties, the joint
 107-21  committee may request the assistance of a state agency, department,
 107-22  or office.  The agency, department, or office shall provide the
 107-23  requested assistance.
 107-24        (i)  In addition to the assistance provided under Subsections
 107-25  (g) and (h) of this section, the interim committee may:
 107-26              (1)  employ staff appropriate to carry out the duties
 107-27  of the committee; and
  108-1              (2)  employ professional consultants, as appropriate,
  108-2  on a contract basis to conduct research into the matters the
  108-3  committee is studying and to otherwise assist the committee.
  108-4        (j)  This section expires August 31, 1995.
  108-5        SECTION 7.02.  To facilitate the provision of all necessary
  108-6  assistance to the joint interim committee and notwithstanding any
  108-7  other provision of law, the tariffed rates established by the most
  108-8  recent final order of the commission in a general rate case
  108-9  regarding a local exchange company having more than two million
 108-10  access lines in this state may not be changed by the commission
 108-11  before September 1, 1995, provided that the local exchange company
 108-12  shall comply with the rate freeze set forth in Section 41D(h),
 108-13  Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
 108-14  Statutes), and in the final order.  However, if a rate reduction
 108-15  was previously scheduled to become effective by commission action
 108-16  approved before January 1, 1993, the reduction shall be made as
 108-17  scheduled and the tariffed rate is that reduced rate.  No earnings
 108-18  sharing provision of any such order shall be extended.  For the
 108-19  company, the dollar amount of the infrastructure development
 108-20  commitment made under Section 41D, Public Utility Regulatory Act
 108-21  (Article 1446c, Vernon's Texas Civil Statutes), shall be deducted,
 108-22  effective December 1, 1994, from net income as determined under
 108-23  Section 41(c), Public Utility Regulatory Act (Article 1446c,
 108-24  Vernon's Texas Civil Statutes), for the purpose of determining rate
 108-25  of return under the Public Utility Regulatory Act (Article 1446c,
 108-26  Vernon's Texas Civil Statutes).
 108-27        SECTION 7.03.  (a)  Effective September 1, 1995, Subsection
  109-1  (c), Section 3, Public Utility Regulatory Act (Article 1446c,
  109-2  Vernon's Texas Civil Statutes), is amended to read as follows:
  109-3        (c)  The term "public utility" or "utility," when used in
  109-4  this Act, includes any person, corporation, river authority,
  109-5  cooperative corporation, or any combination thereof, other than a
  109-6  municipal corporation <or a water supply or sewer service
  109-7  corporation>, or their lessees, trustees, and receivers, now or
  109-8  hereafter owning or operating for compensation in this state
  109-9  equipment or facilities for:
 109-10              (1)  producing, generating, transmitting, distributing,
 109-11  selling, or furnishing electricity ("electric utilities"
 109-12  hereinafter) provided, however, that this definition shall not be
 109-13  construed to apply to or include a qualifying small power producer
 109-14  or qualifying cogenerator, as defined in Sections 3(17)(D) and
 109-15  3(18)(C) of the Federal Power Act, as amended (16 U.S.C. Sections
 109-16  796(17)(D) and 796(18)(C));
 109-17              (2)<(A)  the conveyance, transmission, or reception of
 109-18  communications over a telephone system as a dominant carrier as
 109-19  hereinafter defined ("telecommunications utilities" hereinafter);
 109-20  provided that no person or corporation not otherwise a public
 109-21  utility within the meaning of this Act shall be deemed such solely
 109-22  because of the furnishing or furnishing and maintenance of a
 109-23  private system or the manufacture, distribution, installation, or
 109-24  maintenance of customer premise communications equipment and
 109-25  accessories; and provided further that nothing in this Act shall be
 109-26  construed to apply to telegraph services, television stations,
 109-27  radio stations, community antenna television services, or
  110-1  radio-telephone services that may be authorized under the Public
  110-2  Mobile Radio Services rules of the Federal Communications
  110-3  Commission, other than such radio-telephone services provided by
  110-4  wire-line telephone companies under the Domestic Public Land Mobile
  110-5  Radio Service and Rural Radio Service rules of the Federal
  110-6  Communications Commission; and provided further that interexchange
  110-7  telecommunications carriers (including resellers of interexchange
  110-8  telecommunications services), specialized communications common
  110-9  carriers, other resellers of communications, other communications
 110-10  carriers who convey, transmit, or receive communications in whole
 110-11  or in part over a telephone system, and providers of operator
 110-12  services as defined in Section 18A(a) of this Act (except that
 110-13  subscribers to customer-owned pay telephone service shall not be
 110-14  deemed to be telecommunications utilities) who are not dominant
 110-15  carriers are also telecommunications utilities, but the
 110-16  commission's regulatory authority as to them is only as hereinafter
 110-17  defined;>
 110-18                    <(B)  "dominant carrier" when used in this Act
 110-19  means (i) a provider of any particular communication service which
 110-20  is provided in whole or in part over a telephone system who as to
 110-21  such service has sufficient market power in a telecommunications
 110-22  market as determined by the commission to enable such provider to
 110-23  control prices in a manner adverse to the public interest for such
 110-24  service in such market; and (ii) any provider of local exchange
 110-25  telephone service within a certificated exchange area as to such
 110-26  service.  A telecommunications market shall be statewide until
 110-27  January 1, 1985.  After this date the commission may, if it
  111-1  determines that the public interest will be served, establish
  111-2  separate markets within the state.  Prior to January 1, 1985, the
  111-3  commission shall hold such hearings and require such evidence as is
  111-4  necessary to carry out the public purpose of this Act and to
  111-5  determine the need and effect of establishing separate markets.
  111-6  Any such provider determined to be a dominant carrier as to a
  111-7  particular telecommunications service in a market shall not be
  111-8  presumed to be a dominant carrier of a different telecommunications
  111-9  service in that market.>
 111-10              <(3)>  The term "public utility" or "utility" shall not
 111-11  include any person or corporation not otherwise a public utility
 111-12  that furnishes the services or commodity described in any paragraph
 111-13  of this subsection only to itself, its employees, or tenants as an
 111-14  incident of such employee service or tenancy, when such service or
 111-15  commodity is not resold to or used by others.  The term "electric
 111-16  utility" shall not include any person or corporation not otherwise
 111-17  a public utility that owns or operates in this state equipment or
 111-18  facilities for producing, generating, transmitting, distributing,
 111-19  selling, or furnishing electric energy to an electric utility, if
 111-20  the equipment or facilities are used primarily for the production
 111-21  and generation of electric energy for consumption by the person or
 111-22  corporation.  The term "public utility," "utility," or "electric
 111-23  utility" shall not include any person or corporation not otherwise
 111-24  a public utility that owns or operates in this state a recreational
 111-25  vehicle park that provides metered electric service in accordance
 111-26  with Article 1446d-2, Revised Statutes.  A recreational vehicle
 111-27  park owner is considered a public utility if the owner fails to
  112-1  comply with  Article 1446d-2, Revised Statutes, with regard to the
  112-2  metered sale of electricity at the recreational vehicle park.
  112-3        (b)  Effective September 1, 1995, Section 18, Public Utility
  112-4  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  112-5  amended to read as follows:
  112-6        Sec. 18.  (a)  <It is the policy of this state to protect the
  112-7  public interest in having adequate and efficient telecommunications
  112-8  service available to all citizens of the state at just, fair, and
  112-9  reasonable rates.>  The legislature finds that the interexchange
 112-10  telecommunications industry through technical advancements, federal
 112-11  judicial and administrative actions, and the formulation of new
 112-12  telecommunications enterprises has become and will continue to be
 112-13  in many and growing areas a competitive industry which does not
 112-14  lend itself to traditional public utility regulatory rules,
 112-15  policies, and principles; and that therefore, the public interest
 112-16  requires that new rules, policies, and principles be formulated and
 112-17  applied to protect the public interest and to provide equal
 112-18  opportunity to all interexchange telecommunications utilities in a
 112-19  competitive marketplace.  It is the purpose of this section to
 112-20  grant to the commission the authority and the power under this Act
 112-21  to carry out the public policy herein stated.
 112-22        (b)  <Subject to the limitations imposed in this Act, and for
 112-23  the purpose of carrying out the public policy above stated and of
 112-24  regulating rates, operations, and services so that such rates may
 112-25  be just, fair, and reasonable, and the services adequate and
 112-26  efficient, the commission shall have exclusive original
 112-27  jurisdiction over the business and property of all
  113-1  telecommunications utilities in this state.  In the exercise of its
  113-2  jurisdiction to regulate the rates, operations, and services of a
  113-3  telecommunications utility providing service in a municipality on
  113-4  the state line adjacent to a municipality in an adjoining state,
  113-5  the commission may cooperate with the utility regulatory commission
  113-6  of the adjoining state or the federal government and may hold joint
  113-7  hearings and make joint investigations with any of those
  113-8  commissions.>
  113-9        <(c)>  Except as provided by Subsections (e) and (f) of this
 113-10  section and Section 18A of this Act, the commission shall only have
 113-11  the following jurisdiction over all telecommunications utilities
 113-12  that are interexchange telecommunications carriers but who are not
 113-13  certificated local exchange companies <dominant carriers>:
 113-14              (1)  to require registration as provided in Subsection
 113-15  (c) <(d)> of this section;
 113-16              (2)  to conduct such investigations as are necessary to
 113-17  determine the existence, impact, and scope of competition in the
 113-18  telecommunications industry, <including identifying dominant
 113-19  carriers and defining the telecommunications market or markets,>
 113-20  and in connection therewith may call and hold hearings, issue
 113-21  subpoenas to compel the attendance of witnesses and the production
 113-22  of papers and documents, and make findings of fact and decisions
 113-23  with respect to administering the provisions of this Act or the
 113-24  rules, orders, and other actions of the commission;
 113-25              (3)  to require the filing of such reports as the
 113-26  commission may direct from time to time;
 113-27              (4)  to require the maintenance of statewide average
  114-1  rates or prices of telecommunications service;
  114-2              (5)  to require that every local exchange area have
  114-3  access to interexchange telecommunications service, except that an
  114-4  interexchange telecommunications carrier must be allowed to
  114-5  discontinue service to a local exchange area if comparable service
  114-6  is available in the area and the discontinuance is not contrary to
  114-7  the public interest.  This section does not authorize the
  114-8  commission to require an interexchange telecommunications carrier
  114-9  that has not provided services to a local exchange area during the
 114-10  previous 12 months and that has never provided services to that
 114-11  same local exchange area for a cumulative period of one year at any
 114-12  time in the past to initiate services to that local exchange area;
 114-13  and
 114-14              (6)  to require the quality of interexchange
 114-15  telecommunications service provided in each exchange to be adequate
 114-16  to protect the public interest and the interests of customers of
 114-17  that exchange if the commission determines that service to a local
 114-18  exchange has deteriorated to the point that long distance service
 114-19  is not reliable.
 114-20        (c) <(d)>  All providers of communications service described
 114-21  in Subsection (b) <(c)> of this section who are providing such
 114-22  service to the public on the effective date of this Act shall
 114-23  register with the commission within 90 days of the effective date
 114-24  of this Act unless the provider has previously registered with the
 114-25  commission.  All providers of communications service described in
 114-26  Subsection (b) <(c)> of this section who commence such service to
 114-27  the public thereafter shall register with the commission within 30
  115-1  days of commencing service.  Such registration shall be
  115-2  accomplished by filing with the commission a description of the
  115-3  location and type of service provided, the cost to the public of
  115-4  such service, and such other registration information as the
  115-5  commission may direct.  Notwithstanding any other provision of this
  115-6  Act, an interexchange telecommunications carrier doing business in
  115-7  this state shall continue to maintain on file with the commission
  115-8  tariffs or lists governing the terms of providing its services.
  115-9        (d) <(e)(1)  For the purpose of carrying out the public
 115-10  policy stated in Subsection (a) of this section and any other
 115-11  section of this Act notwithstanding, the commission is granted all
 115-12  necessary power and authority under this Act to promulgate rules
 115-13  and establish procedures applicable to local exchange companies for
 115-14  determining the level of competition in specific telecommunications
 115-15  markets and submarkets and providing appropriate regulatory
 115-16  treatment to allow local exchange companies to respond to
 115-17  significant competitive challenges.  Nothing in this section is
 115-18  intended to change the burden of proof of the local exchange
 115-19  company under Sections 38, 39, 40, and 41 of Article VI of this
 115-20  Act.>
 115-21              <(2)  In determining the level of competition in a
 115-22  specific market or submarket, the commission shall hold an
 115-23  evidentiary hearing to consider the following:>
 115-24                    <(A)  the number and size of telecommunications
 115-25  utilities or other persons providing the same, equivalent, or
 115-26  substitutable service;>
 115-27                    <(B)  the extent to which the same, equivalent,
  116-1  or substitutable service is available;>
  116-2                    <(C)  the ability of customers to obtain the
  116-3  same, equivalent, or substitutable services at comparable rates,
  116-4  terms, and conditions;>
  116-5                    <(D)  the ability of telecommunications utilities
  116-6  or other persons to make the same, equivalent, or substitutable
  116-7  service readily available at comparable rates, terms, and
  116-8  conditions;>
  116-9                    <(E)  the existence of any significant barrier to
 116-10  the entry or exit of a provider of the service; and>
 116-11                    <(F)  other relevant information deemed
 116-12  appropriate.>
 116-13              <(3)  The regulatory treatments which the commission
 116-14  may implement include but are not limited to:>
 116-15                    <(A)  approval of a range of rates for a specific
 116-16  service;>
 116-17                    <(B)  approval of customer-specific contracts for
 116-18  a specific service; provided, however, that the commission shall
 116-19  approve a contract to provide central office based PBX-type
 116-20  services for systems of 200 stations or more, billing and
 116-21  collection services, high-speed private line services of 1.544
 116-22  megabits or greater, and customized services, provided that the
 116-23  contract is filed at least 30 days before initiation of the service
 116-24  contracted for; that the contract is accompanied with an affidavit
 116-25  from the person or entity contracting for the telecommunications
 116-26  service stating that he considered the acquisition of the same,
 116-27  equivalent, or substitutable services by bid or quotation from a
  117-1  source other than the local exchange company; that the local
  117-2  exchange company is recovering the appropriate costs of providing
  117-3  the services; and that approval of the contract is in the public
  117-4  interest.  The contract shall be approved or denied within 30 days
  117-5  after filing, unless the commission for good cause extends the
  117-6  effective date for an additional 35 days; and>
  117-7                    <(C)  the detariffing of rates.>
  117-8        <(f)  Moreover, in order to encourage the rapid introduction
  117-9  of new or experimental services or promotional rates, the
 117-10  commission shall promulgate rules and establish procedures which
 117-11  allow the expedited introduction of, the establishment and
 117-12  adjustment of rates for, and withdrawal of such services, including
 117-13  requests for such services made to the commission by the governing
 117-14  body of a municipality served by a local exchange company having
 117-15  more than 500,000 access lines throughout the state.  Rates
 117-16  established or adjusted at the request of a municipality may not
 117-17  result in higher rates for ratepayers outside the boundaries of the
 117-18  municipality and may not include any rates for local exchange
 117-19  company interexchange services or interexchange carrier access
 117-20  service.>
 117-21        <(g)  In promulgating new rules and establishing the
 117-22  procedures contemplated in Subsections (e) and (f) of this section,
 117-23  the commission shall seek to balance the public interest in a
 117-24  technologically advanced telecommunications system providing a wide
 117-25  range of new and innovative services with traditional regulatory
 117-26  concerns for preserving universal service, prohibiting
 117-27  anticompetitive practices, and preventing the subsidization of
  118-1  competitive services with revenues from regulated monopoly
  118-2  services.  The commission shall promulgate these rules and
  118-3  establish these procedures so as to incorporate an appropriate mix
  118-4  of regulatory and market mechanisms reflecting the level and nature
  118-5  of competition in the marketplace.  Rates established under
  118-6  Subsections (e) and (f) of this section shall not be (1)
  118-7  unreasonably preferential, prejudicial, or discriminatory; (2)
  118-8  subsidized either directly or indirectly by regulated monopoly
  118-9  services; or (3) predatory or anticompetitive.>
 118-10        <(h)  The commission shall initiate a rulemaking proceeding
 118-11  and take public comment and promulgate rules which prescribe the
 118-12  standards necessary to ensure that all rates set under the
 118-13  provisions of this section cover their appropriate costs as
 118-14  determined by the commission.  Until such rules are promulgated,
 118-15  the commission shall use a costing methodology that is in the
 118-16  public interest in determining whether the rates set under the
 118-17  provisions of this section cover their appropriate costs.>
 118-18        <(i)  The commission is granted all necessary power and
 118-19  authority to prescribe and collect fees and assessments from local
 118-20  exchange companies necessary to recover the commission's and the
 118-21  Office of Public Utility Counsel's costs of activities carried out
 118-22  and services provided under Subsections (e), (f), (g), (h), (i),
 118-23  (j), and (k) of this section.>
 118-24        <(j)  Subsections (e) and (f) of this section are not
 118-25  applicable to basic local exchange service, including local
 118-26  measured service.  Paragraph (B) of Subdivision (3) of Subsection
 118-27  (e) of this section is not applicable to message telecommunications
  119-1  services, switched access services for interexchange carriers, or
  119-2  wide area telecommunications service.  A local exchange company may
  119-3  not price similar services provided pursuant to contracts under
  119-4  Paragraph (B) of Subdivision (3) of Subsection (e) of this section
  119-5  in an unreasonably discriminatory manner.  For purposes of this
  119-6  section, similar services shall be defined as those services which
  119-7  are provided at or near the same point in time, which have the same
  119-8  characteristics and which are provided under the same or similar
  119-9  circumstances.>
 119-10        <(k)>  Before January 15 of each odd-numbered year, the
 119-11  commission shall report to the legislature on the scope of
 119-12  competition in regulated telecommunications markets and the impact
 119-13  of competition on customers in both competitive and noncompetitive
 119-14  markets, with a specific focus on rural markets.  The report shall
 119-15  include an assessment of the impact of competition on the rates and
 119-16  availability of telecommunications services for residential and
 119-17  business customers and shall specifically address any effects on
 119-18  universal service.  The report shall provide a summary of
 119-19  commission actions over the preceding two years which reflect
 119-20  changes in the scope of competition in regulated telecommunications
 119-21  markets.  The report shall also include recommendations to the
 119-22  legislature for further legislation which the commission finds
 119-23  appropriate to promote the public interest in the context of a
 119-24  partially competitive telecommunications market.
 119-25        (e) <(l)>  Notwithstanding any other provision of this Act,
 119-26  the commission may enter such orders as may be necessary to protect
 119-27  the public interest, including the imposition on any specific
  120-1  service or services of its full regulatory authority under Articles
  120-2  III through XI of this Act, if the commission upon complaint from
  120-3  another interexchange telecommunications carrier finds  by a
  120-4  preponderance of the evidence upon notice and hearing that an
  120-5  interexchange telecommunications carrier has engaged in predatory
  120-6  pricing or attempted to engage in predatory pricing <conduct that
  120-7  demonstrates the ability to control prices in a manner adverse to
  120-8  the public interest>.
  120-9        (f) <(m)>  Notwithstanding any other provision of this Act,
 120-10  the commission may enter such orders as may be necessary to protect
 120-11  the public interest if the commission finds upon notice and hearing
 120-12  that an interexchange telecommunications carrier has:
 120-13              (1)  failed to maintain statewide average rates;
 120-14              (2)  abandoned interexchange message telecommunications
 120-15  service to a local exchange area in a manner contrary to the public
 120-16  interest; or
 120-17              (3)  engaged in a pattern of preferential or
 120-18  discriminatory activities prohibited by Sections 45 and 47 of this
 120-19  Act, except that nothing in this Act shall prohibit volume
 120-20  discounts or other discounts based on reasonable business purposes.
 120-21        (g) <(n)>  In any proceeding before the commission alleging
 120-22  conduct or activities by an interexchange telecommunications
 120-23  carrier against another interexchange carrier in contravention of
 120-24  Subsections (e), (f), and (h) <(l), (m), and (o)> of this section,
 120-25  the burden of proof shall be upon the complaining interexchange
 120-26  telecommunications carrier; however, in such proceedings brought by
 120-27  customers or their representatives who are not themselves
  121-1  interexchange telecommunications carriers or in such proceedings
  121-2  initiated by the commission's general counsel, the burden of proof
  121-3  shall be upon the respondent interexchange telecommunications
  121-4  carrier.  However, if the commission finds it to be in the public
  121-5  interest, the commission may impose the burden of proof in such
  121-6  proceedings on the complaining party.
  121-7        (h) <(o)>  The commission shall have the authority to require
  121-8  that a service provided by an interexchange telecommunications
  121-9  carrier described in Subsection (b) <(c)> of this section be made
 121-10  available in an exchange served by the carrier within a reasonable
 121-11  time after receipt of a bona fide request for such service in that
 121-12  exchange, subject to the ability of the local exchange carrier to
 121-13  provide the required access or other service.  No carrier shall be
 121-14  required to extend a service to an area if provision of that
 121-15  service would impose, after consideration of the public interest to
 121-16  be served, unreasonable costs upon or require unreasonable
 121-17  investments by the interexchange telecommunications carrier.  The
 121-18  commission may require such information from interexchange carriers
 121-19  and local exchange carriers as may be necessary to enforce this
 121-20  provision.
 121-21        (i) <(p)  Before January 15 of each odd-numbered year, the
 121-22  commission shall report to the legislature on the scope of
 121-23  competition in regulated telecommunications markets and the impact
 121-24  of competition on customers in both competitive and noncompetitive
 121-25  markets, with a specific focus on rural markets.   The report shall
 121-26  include an assessment of the impact of competition on the rates and
 121-27  availability of telecommunications services for residential and
  122-1  business customers and shall specifically address any effects on
  122-2  universal service.  The report shall provide a summary of
  122-3  commission actions over the preceding two years that reflect
  122-4  changes in the scope of competition in regulated telecommunications
  122-5  markets.  The report shall also include recommendations to the
  122-6  legislature for further legislation that the commission finds
  122-7  appropriate to promote the public interest in the context of a
  122-8  partially competitive telecommunications market.>
  122-9        <(q)>  The commission may exempt from any requirement of this
 122-10  section an interexchange telecommunications carrier that the
 122-11  commission determines does not have a significant effect on the
 122-12  public interest, and it may exempt any interexchange carrier which
 122-13  solely relies on the facilities of others to complete long distance
 122-14  calls if the commission deems this action to be in the public
 122-15  interest.
 122-16        (j) <(r)>  Requirements imposed by Subsections (b), (c), (e),
 122-17  (f), (g), (h), (i), and (k) <(c), (d), (l), (m), (n), (o), (p), and
 122-18  (q)> of this section on <an> interexchange telecommunications
 122-19  carriers who are not certificated local exchange companies
 122-20  <carrier> shall apply to other <nondominant> carriers who are not
 122-21  certificated local exchange companies <and shall constitute the
 122-22  minimum requirements to be imposed by the commission for any
 122-23  dominant carrier>.
 122-24        (k)  The commission shall have exclusive original
 122-25  jurisdiction over interexchange telecommunications carriers.  For
 122-26  purposes of this section, interexchange telecommunications carriers
 122-27  (including resellers of interexchange telecommunications services),
  123-1  specialized communications common carriers, other resellers of
  123-2  communications, other communications carriers who convey, transmit,
  123-3  or receive communications in whole or in part over a telephone
  123-4  system, and providers of operator services as defined in Section
  123-5  18A(a) of this Act (except that subscribers to customer-owned pay
  123-6  telephone service shall not be deemed to be telecommunications
  123-7  utilities) are telecommunications utilities, but the commission's
  123-8  regulatory authority as to them is only as provided by this
  123-9  section.
 123-10        (c)  The following provisions of the Public Utility
 123-11  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes) are
 123-12  repealed effective September 1, 1995:
 123-13              (1)  Section 36A;
 123-14              (2)  Section 39(c);
 123-15              (3)  Section 41D;
 123-16              (4)  Section 41(c)(4);
 123-17              (5)  Subsection (i), Section 43;
 123-18              (6)  Section 43A;
 123-19              (7)  Section 43B;
 123-20              (8)  Section 43C;
 123-21              (9)  Section 61;
 123-22              (10)  Section 93;
 123-23              (11)  Section 93B;
 123-24              (12)  Article XIV; and
 123-25              (13)  Article XV.
 123-26        SECTION 7.04.   (a)  The method of calculating income taxes
 123-27  and the treatment of federal income tax expenses and savings for
  124-1  ratemaking purposes for public utilities shall be the same as the
  124-2  method adopted by the Public Utility Commission of Texas in
  124-3  commission rate orders signed and dated between September 1, 1988,
  124-4  and September 1, 1992.
  124-5        (b)  This section governs all proceedings, orders, judgments,
  124-6  and decrees in rate applications pending or subject to or on appeal
  124-7  as of the date of enactment of this Act, before any regulatory
  124-8  authority or court, and to all rate applications filed until the
  124-9  Legislature of the State of Texas takes action on the study
 124-10  required by Section 7.01 of this Act.
 124-11        SECTION 7.05.  Article XIII, Public Utility Regulatory Act
 124-12  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
 124-13  adding Section 93A to read as follows:
 124-14        Sec. 93A.  (a)  To address telephone calling needs between
 124-15  nearby telephone exchanges, the commission shall initiate a
 124-16  rulemaking proceeding to approve rules to provide for an expedited
 124-17  hearing to allow the expanding of toll free calling areas according
 124-18  to the following criteria:
 124-19              (1)  Toll free calling boundaries may only be expanded
 124-20  under this section after the filing of a petition signed by the
 124-21  lesser of five percent of the subscribers or 100 subscribers within
 124-22  an exchange.  If such a petition is filed with the commission, the
 124-23  commission shall order the local exchange company to provide for
 124-24  the balloting of its subscribers within the petitioning exchange
 124-25  and, if there is an affirmative vote of at least 70 percent of
 124-26  those responding, the commission shall consider the request.
 124-27              (2)  The commission shall provide for the expansion of
  125-1  toll free calling areas for each local exchange customer in the
  125-2  petitioning exchange if the petitioning exchange serves not more
  125-3  than 10,000 lines and if:
  125-4                    (A)  the petitioning exchange is located within
  125-5  22 miles of the exchange requested for toll free calling service;
  125-6  or
  125-7                    (B)  the petitioning exchange shares a community
  125-8  of interest with the exchange requested for toll free calling
  125-9  service.  For purposes of this paragraph, "community of interest"
 125-10  includes areas that have a relationship because of schools,
 125-11  hospitals, local governments, business centers, and other
 125-12  relationships the unavailability of which would cause a hardship to
 125-13  the residents of the area but need not include an area where the
 125-14  affected central offices are more than 50 miles apart.
 125-15              (3)(A)  The local exchange company shall recover all of
 125-16  its costs incurred and all loss of revenue from any expansion of
 125-17  toll free calling areas under this section through a request other
 125-18  than a revenue requirement showing by:
 125-19                          (i)  a monthly fee for toll free calling
 125-20  service of not more than $3.50 per line for residential customers
 125-21  nor more than $7 per line for business customers, to be collected
 125-22  from all of the customers in the petitioning exchange and only
 125-23  until the local exchange company's next general rate case; or
 125-24                          (ii)  a monthly fee for toll free calling
 125-25  service for all of the local exchange company's local exchange
 125-26  service customers in the state in addition to the company's current
 125-27  local exchange rates; or
  126-1                          (iii)  both (i) and (ii).
  126-2                    (B)  A local exchange company may not recover
  126-3  regulatory case expenses under this section by surcharging
  126-4  petitioning exchange subscribers.
  126-5        (b)(1)  The commission and a local exchange company are not
  126-6  required to comply with this section with regard to a petitioning
  126-7  exchange or petitioned exchange if:
  126-8                    (A)  the commission determines that there has
  126-9  been a good and sufficient showing of a geographic or technological
 126-10  infeasibility to serve the area;
 126-11                    (B)  the local exchange company has less than
 126-12  10,000 lines;
 126-13                    (C)  the petitioning or petitioned exchange is
 126-14  served by a cooperative;
 126-15                    (D)  extended area service or extended
 126-16  metropolitan service is currently available between the petitioning
 126-17  and petitioned exchanges; or
 126-18                    (E)  the petitioning or petitioned exchange is a
 126-19  metropolitan exchange.
 126-20              (2)  The commission may expand the toll free calling
 126-21  area into an exchange not within a metropolitan exchange but within
 126-22  the local calling area contiguous to a metropolitan exchange that
 126-23  the commission determines to have a community of interest
 126-24  relationship with the petitioning exchange.  For the purposes of
 126-25  this section, metropolitan exchange, local calling area of a
 126-26  metropolitan exchange, and exchange have the same meanings and
 126-27  boundaries as currently defined and approved by the commission.
  127-1  However, under no circumstances shall a petitioning or petitioned
  127-2  exchange be split in the provision of a toll free calling area.
  127-3        (c)  The commission may, in order to promote the wide
  127-4  dispersion of pay telephones, either exempt such telephones from
  127-5  the provisions of this section or may change the rates to be
  127-6  charged from such telephones in an amount sufficient to promote
  127-7  this goal.
  127-8        SECTION 7.06.  (a)  Subchapter D, Chapter 74, Property Code,
  127-9  is amended by adding Section 74.3011 to read as follows:
 127-10        Sec. 74.3011.  DELIVERY OF MONEY TO RURAL SCHOLARSHIP FUND.
 127-11  (a)  Notwithstanding and in addition to any other provision of this
 127-12  chapter or other law, a local telephone exchange company may
 127-13  deliver reported money to a scholarship fund for rural students
 127-14  instead of delivering the money to the state treasurer as
 127-15  prescribed by Section 74.301.
 127-16        (b)  A local telephone exchange company may deliver the money
 127-17  under this section only to a scholarship fund established by one or
 127-18  more local telephone exchange companies in this state to enable
 127-19  needy students from rural areas to attend college, technical
 127-20  school, or another postsecondary educational institution.
 127-21        (c)  A local telephone exchange company shall file with the
 127-22  state treasurer a verification of money delivered under this
 127-23  section that complies with Section 74.302.
 127-24        (d)  A claim for money delivered to a scholarship fund under
 127-25  this section must be filed with the local telephone exchange
 127-26  company that delivered the money.  The local telephone exchange
 127-27  company shall forward the claim to the administrator of the
  128-1  scholarship fund to which the money was delivered.  The scholarship
  128-2  fund shall pay the claim if the fund determines in good faith that
  128-3  the claim is valid.  A person aggrieved by a claim decision may
  128-4  file a suit against the fund in a district court in the county in
  128-5  which the administrator of the scholarship fund is located in
  128-6  accordance with Section 74.506.
  128-7        (e)  The state treasurer shall prescribe forms and procedures
  128-8  governing this section, including forms and procedures relating to:
  128-9              (1)  notice of presumed abandoned property;
 128-10              (2)  delivery of reported money to a scholarship fund;
 128-11  and
 128-12              (3)  filing of a claim.
 128-13        (f)  In this section, "local telephone exchange company"
 128-14  means a telecommunications utility certificated to provide local
 128-15  exchange service within the state and that is a telephone
 128-16  cooperative or has fewer than 50,000 access lines in service in
 128-17  this state.
 128-18        (b)  Section 74.3011, Property Code, as added by this
 128-19  section, applies only to money that a local telephone exchange
 128-20  company would otherwise be required to deliver to the state
 128-21  treasurer on or after the effective date of this section.  Money
 128-22  that was required to be delivered to the state treasurer before the
 128-23  effective date of this section is governed by the law in effect
 128-24  when the money was required to be delivered, and that law is
 128-25  continued in effect for that purpose.
 128-26        SECTION 7.07.  Nothing in this Act shall be construed to
 128-27  abrogate any agreement specified in the February 2, 1990,
  129-1  Stipulation and Agreement in Public Utility Commission of Texas
  129-2  Docket No. 8585/8218 (Stipulation).  Any flow through of access
  129-3  reductions by an interexchange telecommunications carrier which is
  129-4  required by said Stipulation shall provide reductions to each
  129-5  affected type of service in the same relative proportion as the
  129-6  annual access minutes of use billed to that type of service.  Any
  129-7  interexchange telecommunications carrier required by the
  129-8  Stipulation to flow through access reductions resulting from Docket
  129-9  No. 8585/8218 shall deliver revised tariff sheets reflecting such
 129-10  flow through, together with supporting documentation, to the Public
 129-11  Utility Commission of Texas staff, for review and concurrence,
 129-12  within 60 days of implementation of the last rate reduction
 129-13  required by said Stipulation.
 129-14                               ARTICLE 8
 129-15        SECTION 8.01.  Section 1, Chapter 556, Acts of the 68th
 129-16  Legislature, Regular Session, 1983 (Article 9021, Vernon's Texas
 129-17  Civil Statutes), is amended by amending Subdivision (1) and adding
 129-18  Subdivisions (3) and (4) to read as follows:
 129-19              (1)  "Equipment" means a line, wire, cable, pipe,
 129-20  conduit, conductor, pole, or other facility for transmission of
 129-21  community antenna or cable television service or for the provision
 129-22  of telecommunications service.
 129-23              (3)  "Telecommunications common carrier" means a person
 129-24  who provides telecommunications service.
 129-25              (4)  "Telecommunications service" means the electronic
 129-26  or optical transmission of information between separate points by a
 129-27  prearranged means.
  130-1        SECTION 8.02.  Section 2, Chapter 556, Acts of the 68th
  130-2  Legislature, Regular Session, 1983 (Article 9021, Vernon's Texas
  130-3  Civil Statutes), is amended to read as follows:
  130-4        Sec. 2.  Installation and Maintenance.  In any unincorporated
  130-5  area in the state, a person in the business of providing community
  130-6  antenna or cable television service to the public or of operating
  130-7  as a telecommunications common carrier may install and maintain
  130-8  equipment through, under, along, across, and over a utility
  130-9  easement, a public road, an alley, or a body of public water in the
 130-10  state, in accordance with this Act.
 130-11        SECTION 8.03.  (a)  A building owner, building manager, or
 130-12  tenant that allows building access to a telecommunications common
 130-13  carrier or telecommunications utility for the installation and
 130-14  maintenance of telecommunications equipment shall allow building
 130-15  access for that purpose to all telecommunications common carriers
 130-16  on a nondiscriminatory basis and with reasonable terms and
 130-17  conditions.
 130-18        (b)  A landlord, building owner, or building manager may not
 130-19  discriminate between tenants in a rental charge or otherwise on the
 130-20  basis that a particular telecommunications carrier is serving or is
 130-21  not serving a tenant.
 130-22        (c)  In this section:
 130-23              (1)  "Telecommunications common carrier" means a person
 130-24  who provides telecommunications service.
 130-25              (2)  "Telecommunications service" means the electronic
 130-26  or optical transmission of information between separate points by a
 130-27  prearranged means.
  131-1                               ARTICLE 9
  131-2        SECTION 9.01.  Except as otherwise provided by this Act, this
  131-3  Act takes effect September 1, 1993.
  131-4        SECTION 9.02.  The importance of this legislation and the
  131-5  crowded condition of the calendars in both houses create an
  131-6  emergency and an imperative public necessity that the
  131-7  constitutional rule requiring bills to be read on three several
  131-8  days in each house be suspended, and this rule is hereby suspended.