1-1  By:  Parker                                            S.B. No. 498
    1-2        (In the Senate - Filed February 25, 1993; March 1, 1993, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 16, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; April 16, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis              x                               
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom                                          x  
   1-16        Madla              x                               
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth                                       x  
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 498                   By:  Parker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to continuation, operations, and functions of the Public
   1-24  Utility Commission of Texas and the Office of Public Utility
   1-25  Counsel; providing penalties.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27                               ARTICLE 1
   1-28        SECTION 1.01.  Section 3, Public Utility Regulatory Act
   1-29  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   1-30  amending Subdivisions (a), (c), (u), and (v) and adding Subdivision
   1-31  (f) to read as follows:
   1-32        (a)  The term "person," when used in this Act, includes
   1-33  natural persons, partnerships of two or more persons having a joint
   1-34  or common interest, mutual or cooperative associations, <water
   1-35  supply or sewer service corporations,> and corporations, as herein
   1-36  defined.
   1-37        (c)  The term "public utility" or "utility," when used in
   1-38  this Act, includes any person, corporation, river authority,
   1-39  cooperative corporation, or any combination thereof, other than a
   1-40  municipal corporation <or a water supply or sewer service
   1-41  corporation>, or their lessees, trustees, and receivers, now or
   1-42  hereafter owning or operating for compensation in this state
   1-43  equipment or facilities for:
   1-44              (1)  producing, generating, transmitting, distributing,
   1-45  selling, or furnishing electricity ("electric utilities"
   1-46  hereinafter) provided, however, that this definition shall not be
   1-47  construed to apply to or include a qualifying small power producer
   1-48  or qualifying cogenerator, as defined in Sections 3(17)(D) and
   1-49  3(18)(C) of the Federal Power Act, as amended (16 U.S.C. Sections
   1-50  796(17)(D) and 796(18)(C));
   1-51              (2)(A)  the conveyance, transmission, or reception of
   1-52  communications over a telephone system as a dominant carrier as
   1-53  hereinafter defined ("telecommunications utilities" hereinafter);
   1-54  provided that no person or corporation not otherwise a public
   1-55  utility within the meaning of this Act shall be deemed such solely
   1-56  because of the furnishing or furnishing and maintenance of a
   1-57  private system or the manufacture, distribution, installation, or
   1-58  maintenance of customer premise communications equipment and
   1-59  accessories; and provided further that nothing in this Act shall be
   1-60  construed to apply to telegraph services, television stations,
   1-61  radio stations, community antenna television services, or
   1-62  radio-telephone services that may be authorized under the Public
   1-63  Mobile Radio Services rules of the Federal Communications
   1-64  Commission, other than such radio-telephone services provided by
   1-65  wire-line telephone companies under the Domestic Public Land Mobile
   1-66  Radio Service and Rural Radio Service rules of the Federal
   1-67  Communications Commission; and provided further that interexchange
   1-68  telecommunications carriers (including resellers of interexchange
    2-1  telecommunications services), specialized communications common
    2-2  carriers, other resellers of communications, other communications
    2-3  carriers who convey, transmit, or receive communications in whole
    2-4  or in part over a telephone system, and providers of operator
    2-5  services as defined in Section 18A(a) of this Act (except that
    2-6  subscribers to customer-owned pay telephone service shall not be
    2-7  deemed to be telecommunications utilities) <who are not dominant
    2-8  carriers> are also telecommunications utilities, but the
    2-9  commission's regulatory authority as to them is only as hereinafter
   2-10  defined;
   2-11                    (B)  "dominant carrier" when used in this Act
   2-12  means (i) a provider of any particular communication service which
   2-13  is provided in whole or in part over a telephone system who as to
   2-14  such service has sufficient market power in a telecommunications
   2-15  market as determined by the commission to enable such provider to
   2-16  control prices in a manner adverse to the public interest for such
   2-17  service in such market; and (ii) any provider of local exchange
   2-18  telephone service within a certificated exchange area as to such
   2-19  service.  A telecommunications market shall be statewide until
   2-20  January 1, 1985.  After this date the commission may, if it
   2-21  determines that the public interest will be served, establish
   2-22  separate markets within the state.  Prior to January 1, 1985, the
   2-23  commission shall hold such hearings and require such evidence as is
   2-24  necessary to carry out the public purpose of this Act and to
   2-25  determine the need and effect of establishing separate markets.
   2-26  Any such provider determined to be a dominant carrier as to a
   2-27  particular telecommunications service in a market shall not be
   2-28  presumed to be a dominant carrier of a different telecommunications
   2-29  service in that market.  The term does not include an interexchange
   2-30  carrier that is not a certificated local exchange carrier, with
   2-31  respect to interexchange services.
   2-32              (3)  The term "public utility" or "utility" shall not
   2-33  include any person  or corporation not otherwise a public utility
   2-34  that furnishes the services or commodity described in any paragraph
   2-35  of this subsection only to itself, its employees, or tenants as an
   2-36  incident of such employee service or tenancy, when such service or
   2-37  commodity is not resold to or used by others.  The term "electric
   2-38  utility" shall not include any person or corporation not otherwise
   2-39  a public utility that owns or operates in this state equipment or
   2-40  facilities for producing, generating, transmitting, distributing,
   2-41  selling, or furnishing electric energy to an electric utility, if
   2-42  the equipment or facilities are used primarily for the production
   2-43  and generation of electric energy for consumption by the person or
   2-44  corporation.  The term "public utility," "utility," or "electric
   2-45  utility" shall not include any person or corporation not otherwise
   2-46  a public utility that owns or operates in this state a recreational
   2-47  vehicle park that provides metered electric service in accordance
   2-48  with Article 1446d-2, Revised Statutes.  A recreational vehicle
   2-49  park owner is considered a public utility if the owner fails to
   2-50  comply with  Article 1446d-2, Revised Statutes, with regard to the
   2-51  metered sale of electricity at the recreational vehicle park.
   2-52        (f)  "Office" means the Office of Public Utility Counsel.
   2-53        (u)  <"Water supply or sewer service corporation" means a
   2-54  nonprofit, member-owned corporation organized and operating under
   2-55  Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933,
   2-56  as amended (Article 1434a, Vernon's Texas Civil Statutes).>
   2-57        <(v)>  "Local exchange company" means a telecommunications
   2-58  utility certificated to provide local exchange service within the
   2-59  state.
   2-60        SECTION 1.02.  Section 5, Public Utility Regulatory Act
   2-61  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   2-62  as follows:
   2-63        Sec. 5.  A commission, to be known as the "Public Utility
   2-64  Commission of Texas" is hereby created.  It shall consist of three
   2-65  commissioners, who shall be appointed to staggered, six-year terms
   2-66  by the governor, with the advice and consent of two-thirds of the
   2-67  members of the senate present, and who shall have and exercise the
   2-68  jurisdiction and powers herein conferred upon the commission.  Each
   2-69  commissioner shall hold office until his successor is appointed and
   2-70  qualified.  The governor shall designate a member of the commission
    3-1  as the chairman of the commission to serve in that capacity at the
    3-2  pleasure of the governor <At its first meeting following the
    3-3  biennial appointment and qualification of a commissioner, the
    3-4  commission shall elect one of the commissioners chairman>.
    3-5  Appointments to the commission shall be made without regard to the
    3-6  race, color, handicap <creed>, sex, religion, age, or national
    3-7  origin of the appointees.
    3-8        SECTION 1.03.  Section 5a, Public Utility Regulatory Act
    3-9  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   3-10  as follows:
   3-11        Sec. 5a.  The Public Utility Commission of Texas and the
   3-12  Office of Public Utility Counsel are subject to Chapter 325,
   3-13  Government Code (Texas Sunset Act).  Unless continued in existence
   3-14  as provided by that chapter, the commission and the office <Office
   3-15  of Public Utility Counsel> are abolished and this Act expires
   3-16  September 1, 2001 <1993>.
   3-17        SECTION 1.04.  Section 6, Public Utility Regulatory Act
   3-18  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   3-19  amending Subsections (a), (b), and (k) and adding Subsections (g),
   3-20  (l), (m), (n), (o), and (p) to read as follows:
   3-21        (a)  To be eligible for appointment as a commissioner, a
   3-22  person must be a qualified voter<, not less than 30 years of age>,
   3-23  a citizen of the United States, and a resident of the State of
   3-24  Texas.  No person is eligible for appointment as a commissioner if
   3-25  at any time during the two-year period immediately preceding his
   3-26  appointment he personally served as an officer, director, owner,
   3-27  employee, partner, or legal representative of any public utility or
   3-28  any affiliated interest, or he owned or controlled, directly or
   3-29  indirectly, stocks or bonds of any class with a value of $10,000,
   3-30  or more in a public utility or any affiliated interest.  Each
   3-31  commissioner shall qualify for office by taking the oath prescribed
   3-32  for other state officers and shall execute a bond for $5,000
   3-33  payable to the state and conditioned on the faithful performance of
   3-34  his duties.  All members must be representatives of the general
   3-35  public.  A person may not serve as a member of the commission or
   3-36  act as the legal counsel to the commission if the person <who> is
   3-37  required to register as a lobbyist under Chapter 305, Government
   3-38  Code, and its subsequent amendments, because of the person's
   3-39  activities for compensation on behalf of a profession related to
   3-40  the operation of the commission <may not serve as a member of the
   3-41  commission or public utility counsel or act as the general counsel
   3-42  to the commission>.
   3-43        (b)  No commissioner or employee of the commission may do any
   3-44  of the following during his period of service with the commission:
   3-45              (1)  have any pecuniary interest, either as an officer,
   3-46  director, partner, owner, employee, attorney, consultant, or
   3-47  otherwise, in any public utility or affiliated interest, or in any
   3-48  person or corporation or other business entity a significant
   3-49  portion of whose business consists of furnishing goods or services
   3-50  to public utilities or affiliated interests, but not including a
   3-51  nonprofit group or association solely supported by gratuitous
   3-52  contributions of money, property or services, other than a trade
   3-53  association as defined by Subsection (n) of this section;
   3-54              (2)  own or control any securities in a public utility
   3-55  or affiliated interest, either directly or indirectly;
   3-56              (3)  accept any gift, gratuity, or entertainment
   3-57  whatsoever from any public utility or affiliated interest, or from
   3-58  any person, corporation, agent, representative, employee, or other
   3-59  business entity a significant portion of whose business consists of
   3-60  furnishing goods or services to public utilities or affiliated
   3-61  interests, or from any agent, representative, attorney, employee,
   3-62  officer, owner, director, or partner of any such business entity or
   3-63  of any public utility or affiliated interest; provided, however,
   3-64  that the receipt and acceptance of any gifts, gratuities, or
   3-65  entertainment after termination of service with the commission
   3-66  whose cumulative value in any one-year period is less than $100
   3-67  shall not constitute a violation of this Act.
   3-68        (g)  A person is not eligible for appointment as a public
   3-69  member of the commission or for employment as the general counsel
   3-70  or executive director of the commission if:
    4-1              (1)  the person serves on the board of directors of a
    4-2  company that supplies fuel, services, or products to regulated or
    4-3  unregulated electric or telecommunications utilities; or
    4-4              (2)  the person or the person's spouse:
    4-5                    (A)  is employed by or participates in the
    4-6  management of a business entity or other organization regulated by
    4-7  the commission or receiving funds from the commission;
    4-8                    (B)  owns or controls, directly or indirectly,
    4-9  more than a 10 percent interest or a pecuniary interest with a
   4-10  value exceeding $10,000 in:
   4-11                          (i)  a business entity or other
   4-12  organization regulated by the commission or receiving funds from
   4-13  the commission; or
   4-14                          (ii)  any utility competitor, utility
   4-15  supplier, or other entity affected by a commission decision in a
   4-16  manner other than by the setting of rates for that class of
   4-17  customer;
   4-18                    (C)  uses or receives a substantial amount of
   4-19  tangible goods, services, or funds from the commission, other than
   4-20  compensation or reimbursement authorized by law for commission
   4-21  membership, attendance, or expenses; or
   4-22                    (D)  notwithstanding Paragraph (B) of this
   4-23  subdivision, has an interest in a mutual fund or retirement fund in
   4-24  which more than 10 percent of the fund's holdings is in a single
   4-25  utility, utility competitor, or utility supplier in this state and
   4-26  the person does not disclose this information to the governor,
   4-27  senate, commission, or other entity, as appropriate.
   4-28        (k)  The commission shall provide to <require> its members
   4-29  and employees, <to read this section and> as often as necessary,
   4-30  <shall provide> information regarding their qualification for
   4-31  office or employment under this Act and their responsibilities
   4-32  under applicable laws relating to standards of conduct for state
   4-33  officers or <and> employees.
   4-34        (l)  An officer, employee, or paid consultant of a trade
   4-35  association in the field of public utilities may not be a member or
   4-36  employee of the commission who is exempt from the state's position
   4-37  classification plan or is compensated at or above the amount
   4-38  prescribed by the General Appropriations Act for step 1, salary
   4-39  group 17, of the position classification salary schedule.
   4-40        (m)  A person who is a spouse of an officer, manager, or paid
   4-41  consultant of a trade association in the field of public utilities
   4-42  may not be a commission member and may not be a commission employee
   4-43  who is exempt from the state's position classification plan or is
   4-44  compensated at or above the amount prescribed by the General
   4-45  Appropriations Act for step 1, salary group 17, of the position
   4-46  classification salary schedule.
   4-47        (n)  For the purposes of this section, a trade association is
   4-48  a nonprofit, cooperative, and voluntarily joined association of
   4-49  business or professional persons who are employed by public
   4-50  utilities or utility competitors  to assist the public utility
   4-51  industry, a utility competitor, or the industry's or competitor's
   4-52  employees in dealing with mutual business or professional problems
   4-53  and in promoting their common interest.
   4-54        (o)  In this section, an entity or utility supplier is
   4-55  considered to be affected in a manner other than by the setting of
   4-56  rates for that class of customer if during a relevant calendar year
   4-57  the entity provides goods, products, fuel, or services to a
   4-58  regulated or unregulated provider of telecommunications or electric
   4-59  services or to an affiliated interest in an amount equal to the
   4-60  lesser of $10,000 or 10 percent of the person's business.
   4-61        (p)  Notwithstanding any other provision of this Act, a
   4-62  person otherwise ineligible because of the application of Paragraph
   4-63  (B) of Subdivision (2) of Subsection (g) of this section may be
   4-64  appointed to the commission and serve as a commissioner or may be
   4-65  employed as the general counsel or executive director if the
   4-66  person:
   4-67              (1)  notifies the attorney general and commission that
   4-68  the person is ineligible because of the application of Paragraph
   4-69  (B) of Subdivision (2) of Subsection (g) of this section; and
   4-70              (2)  divests the person or the person's spouse of the
    5-1  ownership or control before beginning service or employment, or
    5-2  within a reasonable time if the person is already serving or
    5-3  employed at the time Paragraph (B) of Subdivision (2) of Subsection
    5-4  (g) of this section first applies to the person.
    5-5        SECTION 1.05.  Section 6A, Public Utility Regulatory Act
    5-6  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
    5-7  as follows:
    5-8        Sec. 6A.  (a)  It is a ground for removal from the commission
    5-9  if a member:
   5-10              (1)  does not have at the time of appointment the
   5-11  qualifications required by Section 6 of this Act; <for appointment
   5-12  to the commission; or>
   5-13              (2)  does not maintain during <the> service on the
   5-14  commission the qualifications required by Section 6 of this Act;
   5-15              (3)  violates a prohibition established by Section 6 of
   5-16  this Act;
   5-17              (4)  cannot discharge the member's duties for a
   5-18  substantial part of the term for which the member is appointed
   5-19  because of illness or disability; or
   5-20              (5)  is absent from more than half of the regularly
   5-21  scheduled commission meetings that the member is eligible to attend
   5-22  during a calendar year unless the absence is excused by majority
   5-23  vote of the commission <for appointment to the commission>.
   5-24        (b)  The validity of an action of the commission is not
   5-25  affected by the fact that it is <was> taken when a ground for
   5-26  removal of a <member of the> commission member exists <existed>.
   5-27        (c)  If the executive director has knowledge that a potential
   5-28  ground for removal exists, the executive director shall notify the
   5-29  governor and the attorney general that a potential ground for
   5-30  removal exists.
   5-31        SECTION 1.06.  Subsections (a), (d), (e), and (f), Section 8,
   5-32  Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
   5-33  Statutes), are amended to read as follows:
   5-34        (a)  The commission shall employ an executive director, a
   5-35  general counsel, and such officers<, administrative law judges,
   5-36  hearing examiners, investigators, lawyers, engineers, economists,
   5-37  consultants, statisticians, accountants, administrative assistants,
   5-38  inspectors, clerical staff,> and other employees as it deems
   5-39  necessary to carry out the provisions of this Act.  All employees
   5-40  receive such compensation as is fixed by the legislature.  The
   5-41  commission shall develop and implement policies that clearly define
   5-42  the respective responsibilities of the commission and the staff of
   5-43  the commission.
   5-44        (d)  <The commission shall employ administrative law judges
   5-45  to preside at hearings of major importance before the commission.
   5-46  An administrative law judge must be a licensed attorney with not
   5-47  less than five years' general experience or three years' experience
   5-48  in utility regulatory law.  The administrative law judge shall
   5-49  perform his duties independently from the commission.>
   5-50        <(e)>  The executive director or the executive director's
   5-51  <his> designee shall develop an intra-agency <intraagency> career
   5-52  ladder program.  The program shall require intra-agency posting of
   5-53  all non-entry-level positions concurrently with any public
   5-54  posting<, one part of which shall be the intraagency posting of all
   5-55  nonentry level positions for at least 10 days before any public
   5-56  posting>.  The executive director or the executive director's <his>
   5-57  designee shall develop a system of annual performance evaluations
   5-58  <based on measurable job tasks>.  All merit pay for commission
   5-59  employees must be based on the system established under this
   5-60  section.
   5-61        (e) <(f)>  The executive director or the executive director's
   5-62  <his/her> designee shall prepare and maintain a written policy
   5-63  statement <plan> to assure implementation of a program of equal
   5-64  employment opportunity under which <whereby> all personnel
   5-65  transactions are made without regard to race, color, handicap
   5-66  <disability>, sex, religion, age, or national origin.  The policy
   5-67  statement must <plans shall> include:
   5-68              (1)  personnel policies, including policies relating to
   5-69  recruitment, evaluation, selection, appointment, training, and
   5-70  promotion of personnel <a comprehensive analysis of all the
    6-1  agency's work force by race, sex, ethnic origin, class of position,
    6-2  and salary or wage>;
    6-3              (2)  a comprehensive analysis of the commission work
    6-4  force that meets federal and state guidelines <plans for
    6-5  recruitment, evaluation, selection, appointment, training,
    6-6  promotion, and other personnel policies>;
    6-7              (3)  procedures by which a determination can be made of
    6-8  significant underutilization in the commission work force of all
    6-9  persons for whom federal or state guidelines encourage a more
   6-10  equitable balance <steps reasonably designed to overcome any
   6-11  identified underutilization of minorities and women in the agency's
   6-12  work force>; and
   6-13              (4)  reasonable methods to address those areas of
   6-14  significant underutilization appropriately.
   6-15        (f)  A policy statement prepared under Subsection (e) of this
   6-16  section must <objectives and goals, timetables for the achievement
   6-17  of the objectives and goals, and assignments of responsibility for
   6-18  their achievement.>
   6-19        <The plans shall be filed with the governor's office within
   6-20  60 days of the effective date of this Act,> cover an annual period,
   6-21  <and> be updated at least annually, and be filed with the
   6-22  governor's office and the Commission on Human Rights.
   6-23        (g)  The governor's office shall deliver a biennial report to
   6-24  the legislature based on the information received under Subsection
   6-25  (f) of this section.  The report may be made separately or as a
   6-26  part of other biennial reports made to the legislature<.  Progress
   6-27  reports shall be submitted to the governor's office within 30 days
   6-28  of November 1 and April 1 of each year and shall include the steps
   6-29  the agency has taken within the reporting period to comply with
   6-30  these requirements>.
   6-31        SECTION 1.07.  Section 10, Public Utility Regulatory Act
   6-32  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   6-33  as follows:
   6-34        Sec. 10.  (a)  The principal office of the commission shall
   6-35  be located in the City of Austin, Texas, and shall be open daily
   6-36  during the usual business hours, Saturdays, Sundays, and legal
   6-37  holidays excepted.  The commission shall hold meetings at its
   6-38  office and at such other convenient places in the state as shall be
   6-39  expedient and necessary for the proper performance of its duties.
   6-40        (b)  The commission shall develop and implement policies that
   6-41  provide the public with a reasonable opportunity to appear before
   6-42  the commission and to speak on any issue under the jurisdiction of
   6-43  the commission.
   6-44        SECTION 1.08.  Subsection (a), Section 14, Public Utility
   6-45  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
   6-46  amended to read as follows:
   6-47        (a)  The commission shall file annually with the governor and
   6-48  the presiding officer of each house of the legislature a complete
   6-49  and detailed written report accounting for all funds received and
   6-50  disbursed by the commission during the preceding fiscal year.  The
   6-51  annual report must be in the form and reported in the time provided
   6-52  by the General Appropriations Act <publish an annual report to the
   6-53  governor, summarizing its proceedings, listing its receipts and the
   6-54  sources of its receipts, listing its expenditures and the nature of
   6-55  such expenditures, and setting forth such other information
   6-56  concerning the operations of the commission and the public utility
   6-57  industry as it considers of general interest>.
   6-58        SECTION 1.09.  Section 14A, Public Utility Regulatory Act
   6-59  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   6-60  as follows:
   6-61        Sec. 14A.  (a)  The commission shall prepare information of
   6-62  public <consumer> interest describing the <regulatory> functions of
   6-63  the commission and <describing> the commission's procedures by
   6-64  which <consumer> complaints are filed with and resolved by the
   6-65  commission.  The commission shall make the information available to
   6-66  the <general> public and appropriate state agencies.
   6-67        (b)  The commission by rule shall establish methods by which
   6-68  consumers and service recipients are notified of the name, mailing
   6-69  address, and telephone number of the commission for the purpose of
   6-70  directing complaints to the commission.
    7-1        (c)  The commission shall prepare and maintain a written plan
    7-2  that describes how a person who does not speak English can be
    7-3  provided reasonable access to the commission's programs.  The
    7-4  commission shall also comply with federal and state laws for
    7-5  program and facility accessibility.
    7-6        SECTION 1.10.  Subsections (a) and (b), Section 83, Public
    7-7  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
    7-8  Statutes), are amended to read as follows:
    7-9        (a)  Any affected person may complain to the regulatory
   7-10  authority in writing setting forth any act or thing done or omitted
   7-11  to be done by any public utility in violation or claimed violation
   7-12  of any law which the regulatory authority has jurisdiction to
   7-13  administer, or of any order, ordinance, rule, or regulation of the
   7-14  regulatory authority.  The commission shall keep an information
   7-15  file about each complaint filed with the commission that the
   7-16  commission has authority to resolve <relating to a utility>.  The
   7-17  commission shall retain the file for a reasonable period.
   7-18        (b)  If a written complaint is filed with the commission that
   7-19  the commission has authority to resolve <relating to a utility>,
   7-20  the commission, at least <as frequently as> quarterly and until
   7-21  final disposition of the complaint, shall notify the parties to the
   7-22  complaint of the status of the complaint unless the notice would
   7-23  jeopardize an undercover investigation.
   7-24        SECTION 1.11.  The changes in law made by this article
   7-25  relating to the requirements for membership on the Public Utility
   7-26  Commission of Texas  or to employment as executive director or
   7-27  general counsel of the commission apply only to a person appointed
   7-28  or hired, as appropriate, on or after the effective date of this
   7-29  Act and do not affect the entitlement of a member serving on the
   7-30  commission on August 31, 1993, to continue to hold office for the
   7-31  remainder of the term for which the person was appointed or the
   7-32  ability of a person serving as executive director or general
   7-33  counsel on August 31, 1993, to continue to hold that position.
   7-34                               ARTICLE 2
   7-35        SECTION 2.01.  (a)  Article II, Public Utility Regulatory Act
   7-36  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   7-37  adding Section 5b to read as follows:
   7-38        Sec. 5b.  The commission is subject to the requirements of
   7-39  Article 13, State Purchasing and General Services Act (Article
   7-40  601b, Vernon's Texas Civil Statutes), and its subsequent
   7-41  amendments.
   7-42        (b)  This section takes effect September 1, 1995.
   7-43        SECTION 2.02.  Subsections (i) and (j), Section 6, Public
   7-44  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
   7-45  Statutes), are amended to read as follows:
   7-46        (i)  No commissioner shall within two years, and no employee
   7-47  of the commission or of the State Office of Administrative Hearings
   7-48  involved in hearing utility cases shall, within one year after his
   7-49  employment with the commission or the State Office of
   7-50  Administrative Hearings has ceased:
   7-51              (1)<,>  be employed by a public utility which was in
   7-52  the scope of the commissioner's or employee's official
   7-53  responsibility while the commissioner or employee was associated
   7-54  with the commission or the State Office of Administrative Hearings;
   7-55  or
   7-56              (2)  be employed by a utility competitor, utility
   7-57  supplier, or other entity affected in a manner other than by the
   7-58  setting of rates for that class of customer, provided that this
   7-59  subdivision does not apply to an employee other than the general
   7-60  counsel or executive director.
   7-61        (j)  During the time a commissioner or employee of the
   7-62  commission or of the State Office of Administrative Hearings
   7-63  involved in hearing utility cases is associated with the commission
   7-64  or the State Office of Administrative Hearings or at any time
   7-65  after, the commissioner or employee may not represent a person,
   7-66  corporation, or other business entity before the commission, the
   7-67  State Office of Administrative Hearings, or a court in a matter in
   7-68  which the commissioner or employee was personally involved while
   7-69  associated with the commission or the State Office of
   7-70  Administrative Hearings or a matter that was within the
    8-1  commissioner's or employee's official responsibility while the
    8-2  commissioner or employee was associated with the commission or the
    8-3  State Office of Administrative Hearings.
    8-4        SECTION 2.03.  Article III, Public Utility Regulatory Act
    8-5  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
    8-6  amending Subsections (b) and (c) of Section 8 and adding Section 8A
    8-7  to read as follows:
    8-8        (b)  The executive director is responsible for the day-to-day
    8-9  operations of the agency and shall coordinate the activities of
   8-10  commission employees.  The executive director shall coordinate with
   8-11  the general counsel in providing assistance and technical advice to
   8-12  the commissioners in evaluating the evidence and recommendations
   8-13  offered by the utility division of the State Office of
   8-14  Administrative Hearings <commission shall employ the following:>
   8-15              <(1)  an executive director;>
   8-16              <(2)  a director of hearings who has wide experience in
   8-17  utility regulation and rate determination;>
   8-18              <(3)  a chief engineer who is a registered engineer and
   8-19  an expert in public utility engineering and rate matters;>
   8-20              <(4)  a chief accountant who is a certified public
   8-21  accountant, experienced in public utility accounting;>
   8-22              <(5)  a director of research who is experienced in the
   8-23  conduct of analyses of industry, economics, energy, fuel, and other
   8-24  related matters that the commission may want to undertake;>
   8-25              <(6)  a director of consumer affairs and public
   8-26  information;>
   8-27              <(7)  a director of utility evaluation;>
   8-28              <(8)  a director of energy conservation; and>
   8-29              <(9)  a general counsel>.
   8-30        (c)  The <general counsel and his staff are responsible for
   8-31  the gathering of information relating to all matters within the
   8-32  authority of the commission.>
   8-33        <The> duties of the general counsel and commission staff
   8-34  include:
   8-35              (1)  accumulation of <evidence and other> information
   8-36  from public utilities and from within <the accounting and technical
   8-37  and other staffs of> the commission and from other sources for the
   8-38  purposes specified herein;
   8-39              (2)  provision of legal advice and counsel to the
   8-40  commission, executive director, and staff as a nonadvocate in any
   8-41  case before the commission <preparation and presentation of such
   8-42  evidence before the commission or its appointed examiner in
   8-43  proceedings>;
   8-44              (3)  conduct of investigations of public utilities
   8-45  under the jurisdiction of the commission;
   8-46              (4)  preparation of proposed changes in the rules of
   8-47  the commission;
   8-48              (5)  preparation of recommendations that the commission
   8-49  undertake investigation of any matter within its authority;
   8-50              (6)  preparation of recommendations and a report of
   8-51  such staff for inclusion in the annual report of the commission;
   8-52  and
   8-53              (7)  <protection and representation of the public
   8-54  interest and coordination and direction of the preparation and
   8-55  presentation of evidence from the commission staff in all cases
   8-56  before the commission as necessary to effect the objectives and
   8-57  purposes stated in this Act and ensure protection of the public
   8-58  interest; and>
   8-59              <(8)>  such other activities as are reasonably
   8-60  necessary to enable the staff <him> to perform its <his> duties.
   8-61        Sec. 8A.  (a)  In addition to the other duties prescribed by
   8-62  this Act, the general counsel and commission staff shall provide
   8-63  technical assistance to the commissioners and administrative law
   8-64  judges.  Except as provided by Subsections (b) and (g) of this
   8-65  section, the general counsel or a member of the staff may not
   8-66  testify in a hearing in a case before the commission unless the
   8-67  administrative law judge or the commission determines that
   8-68  testimony on an issue is necessary to complete the record and that
   8-69  another party has not addressed the issue.
   8-70        (b)  Except as otherwise specifically provided by this Act,
    9-1  the general counsel and the staff may not be an advocate or a party
    9-2  separate from the commission in any proceeding under the
    9-3  jurisdiction of the commission.  This subsection does not affect
    9-4  the authority of the commission to enforce this Act or the
    9-5  authority of the general counsel or the staff to handle
    9-6  administrative and enforcement actions such as administrative
    9-7  penalties and complaints.  In an administrative or enforcement
    9-8  action that is a docketed case, the general counsel and staff may
    9-9  participate as a representative of the agency.
   9-10        (c)  For the purpose of completing the record in a contested
   9-11  case, the staff, on request of a commissioner or administrative law
   9-12  judge, shall audit, analyze, examine, review, and investigate:
   9-13              (1)  rates and charges;
   9-14              (2)  services provided;
   9-15              (3)  evidence admitted during a proceeding; and
   9-16              (4)  any other matter within the commission's
   9-17  jurisdiction.
   9-18        (d)  If an administrative law judge or a commissioner
   9-19  receives during a contested proceeding an audit, analysis, or
   9-20  report under Subsection (c) of this section, the audit, analysis,
   9-21  or report shall be admitted into the record of the proceeding.
   9-22        (e)  The general counsel and staff may provide technical
   9-23  analytical commentary on evidence admitted into the record in a
   9-24  proceeding before the commission.  Except as required under
   9-25  Subsection (a) of this section, the general counsel and staff may
   9-26  not offer or consider evidence that is not in the record.
   9-27        (f)  Commentary prepared by the general counsel or staff on a
   9-28  matter before the commission is for the use of the commissioners
   9-29  and the administrative law judge and is confidential and not
   9-30  subject to subpoena or discovery unless:
   9-31              (1)  the commission or an administrative law judge
   9-32  admits the commentary into the record of the proceeding; or
   9-33              (2)  the commission agrees to disclose the commentary.
   9-34        (g)  If an audit, report, or commentary is admitted into the
   9-35  record of a proceeding, the person who prepared the audit, report,
   9-36  or commentary:
   9-37              (1)  may testify as to the contents of the audit,
   9-38  report, or commentary and  may be cross-examined by any party in
   9-39  relation to the audit, report, or commentary; and
   9-40              (2)  may not provide additional technical or analytical
   9-41  commentary to the commission during the proceedings on that matter.
   9-42        (h)  The general counsel and a member of the staff may not
   9-43  directly or indirectly initiate, allow, or consider ex parte
   9-44  communications concerning a matter before the commission with any
   9-45  person other than:
   9-46              (1)  a commissioner;
   9-47              (2)  an administrative law judge; or
   9-48              (3)  a commission employee who has not participated in
   9-49  a hearing related to the matter, but only for the purpose of using
   9-50  that employee's special skills or knowledge to fulfill the staff
   9-51  member's duties.
   9-52        (i)  This section does not affect the right of other parties
   9-53  to appear and participate in a matter before the commission.
   9-54        SECTION 2.04.  (a)  Article II, Public Utility Regulatory Act
   9-55  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   9-56  amending Section 15A and adding Section 15B to read as follows:
   9-57        Sec. 15A.  (a)  The independent Office of Public Utility
   9-58  Counsel is hereby established to represent the interests of
   9-59  residential and small commercial consumers.
   9-60        (b)  The chief executive of the office <Office of Public
   9-61  Utility Counsel> is the public utility counsel, hereinafter
   9-62  referred to as counsellor.  The counsellor is appointed by the
   9-63  governor with the advice and consent of the senate to a two-year
   9-64  term that expires on February 1 of the final year of the term.
   9-65  Appointment of the public utility counsel shall be made without
   9-66  regard to the race, color, handicap, sex, religion, age, or
   9-67  national origin of the appointee <Immediately after this section
   9-68  takes effect, the governor shall, with the advice and consent of
   9-69  the senate, appoint the public utility counsel>.
   9-70        (c)  The counsellor may employ such lawyers, economists,
   10-1  engineers, consultants, statisticians, accountants, clerical staff,
   10-2  and other employees as he or she deems necessary to carry out the
   10-3  provisions of this section.  All employees shall receive such
   10-4  compensation as is fixed by the legislature from the assessment
   10-5  imposed by Section 78 of this Act.  The public utility counsel or
   10-6  the counsellor's designee shall develop an intra-agency career
   10-7  ladder program.  The program shall require intra-agency postings of
   10-8  all non-entry-level positions concurrently with any public posting.
   10-9  The public utility counsel or the counsellor's designee shall
  10-10  develop a system of annual performance evaluations.  All merit pay
  10-11  for office employees must be based on the system established under
  10-12  this subsection.  The office shall provide to the public utility
  10-13  counsel and its employees, as often as necessary, information
  10-14  regarding their qualification for office or employment under this
  10-15  Act and their responsibilities under applicable laws relating to
  10-16  standards of conduct for state officers or employees.
  10-17        (d)  The counsellor shall be a resident of Texas and admitted
  10-18  to the practice of law in this state who has demonstrated a strong
  10-19  commitment and involvement in efforts to safeguard the rights of
  10-20  the public and possesses the knowledge and experience necessary to
  10-21  practice effectively in utility proceedings.  A person is not
  10-22  eligible for appointment as public utility counsel if the person or
  10-23  the person's spouse:
  10-24              (1)  is employed by or participates in the management
  10-25  of a business entity or other organization regulated by the
  10-26  commission or receiving funds from the commission;
  10-27              (2)  owns or controls, directly or indirectly, more
  10-28  than a 10 percent interest or a pecuniary interest with a value
  10-29  exceeding $10,000 in:
  10-30                    (A)  a business entity or other organization
  10-31  regulated by the commission or receiving funds from the commission
  10-32  or the office;  or
  10-33                    (B)  any utility competitor, utility supplier, or
  10-34  other entity affected by a commission decision in a manner other
  10-35  than by the setting of rates for that class of customer;
  10-36              (3)  uses or receives a substantial amount of tangible
  10-37  goods, services, or funds from the commission or the office, other
  10-38  than compensation or reimbursement authorized by law for counsellor
  10-39  or commission membership, attendance, or expenses; or
  10-40              (4)  notwithstanding Subdivision (2) of this
  10-41  subsection, has an interest in a mutual fund or retirement fund in
  10-42  which more than 10 percent of the fund's holdings is in a single
  10-43  utility, utility competitor, or utility supplier in this state and
  10-44  the person does not disclose this information to the governor,
  10-45  senate, or other entity, as appropriate.
  10-46        (e)  A person may not serve as counsellor or act as the
  10-47  general counsel for the office if the person is required to
  10-48  register as a lobbyist under Chapter 305, Government Code, because
  10-49  of the person's activities for compensation related to the
  10-50  operation of the commission or the office.
  10-51        (f)  An officer, employee, or paid consultant of a trade
  10-52  association in the field of public utilities may not serve as
  10-53  counsellor or be an employee of the office who is exempt from the
  10-54  state's position classification plan or is compensated at or above
  10-55  the amount prescribed by the General Appropriations Act for step 1,
  10-56  salary group 17, of the position classification salary schedule.  A
  10-57  person who is the spouse of an officer, manager, or paid consultant
  10-58  of a trade association in the field of public utilities may not
  10-59  serve as counsellor and may not be an office employee who is exempt
  10-60  from the state's position classification plan or is compensated at
  10-61  or above the amount prescribed by the General Appropriations Act
  10-62  for step 1, salary group 17, of the position classification salary
  10-63  schedule.  For the purposes of this subsection, a trade association
  10-64  is a nonprofit, cooperative, and voluntarily joined association of
  10-65  business or professional persons who are employed by public
  10-66  utilities  or utility competitors to assist the public utility
  10-67  industry, a utility competitor, or the industry's or competitor's
  10-68  employees in dealing with mutual business or professional problems
  10-69  and in promoting their common interest.
  10-70        (g)  Notwithstanding any other provision of this Act, a
   11-1  person otherwise ineligible because of the application of
   11-2  Subdivision (2) of Subsection (d) of this section may be appointed
   11-3  as counsellor and may serve as counsellor if the person:
   11-4              (1)  notifies the attorney general and commission that
   11-5  the person is ineligible because of the application of Subdivision
   11-6  (2) of Subsection (d) of this section; and
   11-7              (2)  divests the person or the person's spouse of the
   11-8  ownership or control before appointment, or within a reasonable
   11-9  time if the person is already serving at the time Subdivision (2)
  11-10  of Subsection (d) of this section first applies to the person.
  11-11        (h)  During the period of the counsellor's employment and for
  11-12  a period of two years following the termination of employment, it
  11-13  shall be unlawful for any person employed as counsellor to have a
  11-14  direct or indirect interest in any utility company regulated under
  11-15  the Public Utility Regulatory Act, to provide legal services
  11-16  directly or indirectly to or be employed in any capacity by a
  11-17  utility company regulated under the Public Utility Regulatory Act,
  11-18  its parent, or its subsidiary companies, corporations, or
  11-19  cooperatives or a utility competitor, utility supplier, or other
  11-20  entity affected in a manner other than by the setting of rates for
  11-21  that class of customer; but such person may otherwise engage in the
  11-22  private practice of law after the termination of employment as the
  11-23  counsellor.  It is a ground for removal from office if the
  11-24  counsellor:
  11-25              (1)  does not have at the time of appointment the
  11-26  qualifications required by this section;
  11-27              (2)  does not maintain during service as counsellor the
  11-28  qualifications required by this section;
  11-29              (3)  violates a prohibition established by this
  11-30  section; or
  11-31              (4)  cannot discharge the counsellor's duties for a
  11-32  substantial part of the term for which the counsellor is appointed
  11-33  because of illness or disability.
  11-34        (i)  The validity of an action of the office is not affected
  11-35  by the fact that it is taken when a ground for removal of the
  11-36  counsellor exists.
  11-37        (j)  The office shall file annually with the governor and the
  11-38  presiding officer of each house of the legislature a complete and
  11-39  detailed written report accounting for all funds received and
  11-40  disbursed by the office during the preceding fiscal year.  The
  11-41  annual report must be in the form and reported in the time provided
  11-42  by the General Appropriations Act.
  11-43        (k)  The office shall prepare information of public interest
  11-44  describing the functions of the office.  The office shall make the
  11-45  information available to the public and appropriate state agencies.
  11-46        (l)  The counsellor or the counsellor's designee shall
  11-47  prepare and maintain a written policy statement to assure
  11-48  implementation of a program of equal employment opportunity under
  11-49  which all personnel transactions are made without regard to race,
  11-50  color, handicap, sex, religion, age, or national origin.  The
  11-51  policy statement must include:
  11-52              (1)  personnel policies, including policies relating to
  11-53  recruitment, evaluation, selection, appointment, training, and
  11-54  promotion of personnel;
  11-55              (2)  a comprehensive analysis of the office work force
  11-56  that meets federal and state guidelines;
  11-57              (3)  procedures by which a determination can be made of
  11-58  significant underutilization in the office work force of all
  11-59  persons for whom federal or state guidelines encourage a more
  11-60  equitable balance; and
  11-61              (4)  reasonable methods to address those areas of
  11-62  significant underutilization appropriately.
  11-63        (m)  A policy statement prepared under Subsection (l) of this
  11-64  section must cover an annual period, be updated at least annually,
  11-65  and be filed with the governor's office and the Commission on Human
  11-66  Rights.  The governor's office shall deliver a biennial report to
  11-67  the legislature based on the information received under this
  11-68  subsection.  The report may be made separately or as a part of
  11-69  other biennial reports made to the legislature.
  11-70        (n)  The office shall prepare and maintain a written plan
   12-1  that describes how a person who does not speak English can be
   12-2  provided reasonable access to the office's programs.  The office
   12-3  shall also comply with federal and state laws for program and
   12-4  facility accessibility.
   12-5        (o)  The office is subject to the requirements of Article 13,
   12-6  State Purchasing and General Services Act (Article 601b, Vernon's
   12-7  Texas Civil Statutes), and its subsequent amendments.
   12-8        (p)  In this section, an entity or utility supplier is
   12-9  considered to be affected in a manner other than by the setting of
  12-10  rates for that class of customer if during a relevant calendar year
  12-11  the entity provides goods, products, fuel, or services to a
  12-12  regulated or unregulated provider of telecommunications or electric
  12-13  services or to an affiliated interest in an amount equal to the
  12-14  lesser of $10,000 or 10 percent of the person's business.
  12-15        Sec. 15B.  (a) <(f)>  The Office of Public Utility Counsel:
  12-16              (1)  shall assess the impact of utility rate changes
  12-17  and other regulatory actions on residential consumers in the State
  12-18  of Texas and shall be an advocate in its own name of positions most
  12-19  advantageous to a substantial number of such consumers as
  12-20  determined by the counsellor;
  12-21              (2)  shall <may> appear or intervene as a matter of
  12-22  right as a party or otherwise on behalf of residential consumers,
  12-23  as a class, in all proceedings before the commission that affect
  12-24  residential consumers;
  12-25              (3)  may appear or intervene as a matter of right as a
  12-26  party or otherwise on behalf of small commercial consumers, as a
  12-27  class, in all proceedings where it is deemed by the counsel that
  12-28  small commercial consumers are in need of representation;<.>
  12-29              (4)  may initiate or intervene as a matter of right or
  12-30  otherwise appear in any judicial proceedings involving or arising
  12-31  out of any action taken by an administrative agency in a proceeding
  12-32  in which the counsel was authorized to appear;
  12-33              (5)  may have access as any party<, other than staff,>
  12-34  to all records gathered by the commission under the authority of
  12-35  Subsection (a) of Section 29 of this Act;
  12-36              (6)  may obtain discovery of any nonprivileged matter
  12-37  which is relevant to the subject matter involved in any proceeding
  12-38  or petition before the commission;
  12-39              (7)  may represent individual residential and small
  12-40  commercial consumers with respect to their disputed complaints
  12-41  concerning utility services unresolved before the commission; and
  12-42              (8)  may recommend legislation to the legislature which
  12-43  in its judgment would positively affect the interests of
  12-44  residential and small commercial consumers.
  12-45        (b) <(g)  Nothing in this section shall be construed as in
  12-46  any way limiting the authority of the commission to represent
  12-47  residential or small commercial consumers.>
  12-48        <(h)>  The appearance of the Public Counsel in any proceeding
  12-49  in no way precludes the appearance of other parties on behalf of
  12-50  residential ratepayers or small commercial consumers.  The Public
  12-51  Counsel shall not be grouped with any other parties.
  12-52        (c) <(i)>  There shall be only one Office of Public Utility
  12-53  Counsel even though that office may be referenced in one or more
  12-54  Acts of the 68th Legislature.
  12-55        (b)  The changes in law made by this section relating to the
  12-56  requirements for service as public utility counsel apply only to an
  12-57  appointment made on or after the effective date of this section and
  12-58  do not affect the entitlement of the public utility counsel serving
  12-59  on August 31, 1993, to continue to hold office for the remainder of
  12-60  the term for which the person was appointed.
  12-61        (c)  Subsection (o), Section 15A, Public Utility Regulatory
  12-62  Act (Article 1446c, Vernon's Texas Civil Statutes), as added by
  12-63  this section, takes effect September 1, 1995.
  12-64        SECTION 2.05.  Section 16, Public Utility Regulatory Act
  12-65  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  12-66  as follows:
  12-67        Sec. 16.  (a)  The commission has the general power to
  12-68  regulate and supervise the business of every public utility within
  12-69  its jurisdiction and to do all things, whether specifically
  12-70  designated in this Act or implied herein, necessary and convenient
   13-1  to the exercise of this power and jurisdiction.  The commission
   13-2  shall make and enforce rules reasonably required in the exercise of
   13-3  its powers and jurisdiction, including rules governing practice and
   13-4  procedure before the commission and, as applicable, practice and
   13-5  procedure before the utility division of the State Office of
   13-6  Administrative Hearings.  The commission shall adopt rules
   13-7  authorizing an administrative law judge to:
   13-8              (1)  limit the amount of time that a party may have to
   13-9  present its case;
  13-10              (2)  limit the number of requests for information that
  13-11  a party may make in a contested case;
  13-12              (3)  require a party to a contested case to identify
  13-13  contested issues and facts before the hearing begins and to limit
  13-14  cross-examination to only those issues and facts and to any new
  13-15  issues that may arise as a result of the discovery process; or
  13-16              (4)  group parties, other than the office, that have
  13-17  the same position on an issue to facilitate cross-examination on
  13-18  that issue, provided that each party in a group is entitled to
  13-19  present that party's witnesses for cross-examination during the
  13-20  hearing.
  13-21        (b)  Rules adopted under Subsection (a) of this section must
  13-22  ensure that all parties receive due process.
  13-23        (c)  The commission may call and hold hearings, other than
  13-24  contested case hearings assigned to be heard by the utility
  13-25  division of the State Office of Administrative Hearings or other
  13-26  hearings delegated to the division under this subsection,
  13-27  administer oaths, receive evidence at hearings, issue subpoenas to
  13-28  compel the attendance of witnesses and the production of papers and
  13-29  documents, and make findings of fact and decisions with respect to
  13-30  administering the provisions of this Act or the rules, orders, or
  13-31  other actions of the commission. Notwithstanding any other
  13-32  provision of this Act or other law, in proceedings other than those
  13-33  involving major rate changes, the commission may delegate to an
  13-34  administrative law judge in the utility division of the State
  13-35  Office of Administrative Hearings <or hearings examiner> the
  13-36  authority to make a final decision and to issue findings of fact,
  13-37  conclusions of law, and other necessary orders in a proceeding in
  13-38  which there is no contested issue of fact or law.  The commission,
  13-39  by rule, shall define the procedures by which it delegates final
  13-40  decision making authority authorized by this section.  For review
  13-41  purposes the final decision of the administrative law judge <or
  13-42  hearings examiner> has the same effect as a final decision of the
  13-43  commission unless a commissioner requests formal review of the
  13-44  decision.
  13-45        (d) <(b)  The commission shall develop a long-term statewide
  13-46  electrical energy forecast which shall be sent to the governor
  13-47  biennially.  The forecast will include an assessment of how
  13-48  alternative energy sources, conservation, and load management will
  13-49  meet the state's electricity needs.>
  13-50        <(c)  Every generating electric utility in the state shall
  13-51  prepare and transmit to the commission by December 31, 1983, and
  13-52  every two years thereafter a report specifying at least a 10-year
  13-53  forecast for assessments of load and resources for its service
  13-54  area.  The report shall include a list of facilities which will be
  13-55  required to supply electric power during the forecast periods.  The
  13-56  report shall be in a form prescribed by the commission.  The report
  13-57  shall include:>
  13-58              <(1)  a tabulation of estimated peak load, resources,
  13-59  and reserve margins for each year during the forecast or assessment
  13-60  period;>
  13-61              <(2)  a list of existing electric generating plants in
  13-62  service with a description of planned and potential generating
  13-63  capacity at existing sites;>
  13-64              <(3)  a list of facilities which will be needed to
  13-65  serve additional electrical requirements identified in the
  13-66  forecasts or assessments, the general location of such facilities,
  13-67  and the anticipated types of fuel to be utilized in the proposed
  13-68  facilities, including an estimation of shutdown costs and disposal
  13-69  of spent fuel for nuclear power plants;>
  13-70              <(4)  a description of additional system capacity which
   14-1  might be achieved through, among other things, improvements in (A)
   14-2  generating or transmission efficiency, (B) importation of power,
   14-3  (C) interstate or interregional pooling, (D) other improvements in
   14-4  efficiencies of operation; and (E) conservation measures;>
   14-5              <(5)  an estimation of the mix and type of fuel
   14-6  resources for the forecast or assessment period;>
   14-7              <(6)  an annual load duration curve and a forecast of
   14-8  anticipated peak loads for the forecast or assessment period for
   14-9  the residential, commercial, industrial, and such other major
  14-10  demand sectors in the service area of the electric utility as the
  14-11  commission shall determine; and>
  14-12              <(7)  a description of projected population growth,
  14-13  urban development, industrial expansion, and other growth factors
  14-14  influencing increased demand for electric energy and the basis for
  14-15  such projections.>
  14-16        <(d)  The commission shall establish and every electric
  14-17  utility shall utilize a reporting methodology for preparation of
  14-18  the forecasts of future load and resources.>
  14-19        <(e)  The commission shall review and evaluate the electric
  14-20  utilities' forecast of load and resources and any public comment on
  14-21  population growth estimates prepared by Bureau of Business
  14-22  Research, University of Texas at Austin.>
  14-23        <(f)  Within 12 months after the receipt of the reports
  14-24  required in Subsection (b)  of this section, the commission shall
  14-25  hold a public hearing and subsequently issue a final report to the
  14-26  governor and notify every electric utility of the commission's
  14-27  electric forecast for that utility.  The commission shall consider
  14-28  its electric forecast in all certification proceedings covering new
  14-29  generation plant.>
  14-30        <(g)>  The commission shall make and enforce rules to
  14-31  encourage the economical production of electric energy by
  14-32  qualifying cogenerators and qualifying small power producers.
  14-33        (e) <(h)>  The commission shall inquire into the management
  14-34  of the business of all public utilities under its jurisdiction,
  14-35  shall keep itself informed as to the manner and method in which the
  14-36  management and business is conducted, and shall obtain from any
  14-37  public utility all necessary information to enable the commission
  14-38  to perform management audits.  The commission may audit each
  14-39  utility under the jurisdiction of the commission as frequently as
  14-40  needed<, but shall audit each utility at least once every 10
  14-41  years>.  Six months after any audit, the utility shall report to
  14-42  the commission on the status of the implementation of the
  14-43  recommendations of the audit and shall file subsequent reports at
  14-44  such times as the commission deems appropriate.
  14-45        SECTION 2.06.  Subsection (n), Section 18, Public Utility
  14-46  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  14-47  amended to read as follows:
  14-48        (n)  In any proceeding before the commission alleging conduct
  14-49  or activities by an interexchange telecommunications carrier
  14-50  against another interexchange carrier in contravention of
  14-51  Subsections (l), (m), and (o) of this section, the burden of proof
  14-52  shall be upon the complaining interexchange telecommunications
  14-53  carrier; however, in such proceedings brought by customers or their
  14-54  representatives who are not themselves interexchange
  14-55  telecommunications carriers or in such proceedings initiated by the
  14-56  commission <commission's general counsel>, the burden of proof
  14-57  shall be upon the respondent interexchange telecommunications
  14-58  carrier.  However, if the commission finds it to be in the public
  14-59  interest, the commission may impose the burden of proof in such
  14-60  proceedings on the complaining party.
  14-61        SECTION 2.07.  Article III, Public Utility Regulatory Act
  14-62  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  14-63  adding Section 19 to read as follows:
  14-64        Sec. 19.  (a)  The commission by rule shall develop an
  14-65  integrated resource planning process to provide reliable energy
  14-66  service at the lowest overall cost.
  14-67        (b)  The commission shall adopt and periodically update a
  14-68  statewide integrated resource plan.  The commission shall send the
  14-69  plan to the governor when it adopts or revises the plan and notify
  14-70  each electric utility of the approval of the statewide plan and of
   15-1  the utility's individual utility plan.
   15-2        (c)  The statewide plan shall include:
   15-3              (1)  the approved individual plans of electric
   15-4  generating utilities;
   15-5              (2)  an assessment of how alternative energy sources,
   15-6  conservation, and load management will meet the state's electricity
   15-7  needs;
   15-8              (3)  the commission's goals for the use of various
   15-9  energy resources; and
  15-10              (4)  other information required by the commission.
  15-11        (d)  In the manner specified by the commission, each
  15-12  generating electric utility shall submit to the commission on a
  15-13  staggered schedule adopted by the commission a plan to increase its
  15-14  supply of electricity or to decrease the demands made on its system
  15-15  by its customers.
  15-16        (e)  The contents of such a plan shall include but are not
  15-17  limited to the methods that are used by the utility to:
  15-18              (1)  forecast the future demands; and
  15-19              (2)  determine the lowest cost combination of resources
  15-20  to meet the demands or the lowest cost method to reduce the
  15-21  demands.
  15-22        (f)  After a utility has filed its plan, the commission shall
  15-23  convene a public hearing on the adequacy of the plan.  A commission
  15-24  hearing is not required for a plan filed by a municipally owned
  15-25  electric utility or a plan filed by a river authority or generating
  15-26  electric cooperative that does not intend to build a new generating
  15-27  plant or to make a major modification to an existing plant.  At the
  15-28  hearing, any interested person may intervene, present evidence, and
  15-29  cross-examine witnesses regarding the contents and adequacy of the
  15-30  plan.
  15-31        (g)  After the hearing, the commission shall determine
  15-32  whether:
  15-33              (1)  the utility's plan is based on substantially
  15-34  accurate data and an adequate method of forecasting;
  15-35              (2)  the plan identifies and takes into account any
  15-36  present and projected reductions in the demand for energy that may
  15-37  result from measures to improve conservation and energy efficiency
  15-38  in various customer classes of the area being served; and
  15-39              (3)  the plan adequately demonstrates the economic,
  15-40  environmental, and other benefits to this state and to the
  15-41  customers of the utility associated with the following possible
  15-42  measures and sources of supply:
  15-43                    (A)  improvements in conservation and energy
  15-44  efficiency;
  15-45                    (B)  demand-side management;
  15-46                    (C)  purchases and sales of power;
  15-47                    (D)  wheeling of power;
  15-48                    (E)  renewable resources;
  15-49                    (F)  cogeneration; and
  15-50                    (G)  any other facilities.
  15-51        (h)  The commission may determine the measures and sources of
  15-52  supply set forth in Subdivision (3) of Subsection (g) of this
  15-53  section that, on balance, provide reliable energy services at the
  15-54  lowest overall cost.
  15-55        (i)  Within 365 days after the date on which a utility has
  15-56  filed its plan, the commission shall issue a final order on the
  15-57  plan.  The commission may approve, disapprove, or amend and approve
  15-58  the plan.
  15-59        (j)  In carrying out its duties related to the integrated
  15-60  resource planning process, the commission may:
  15-61              (1)  allow timely recovery of reasonable costs of
  15-62  conservation, load management, and purchased power, notwithstanding
  15-63  Subdivision (1) of Subsection (g) of Section 43 of this Act;
  15-64              (2)  authorize additional incentives for conservation,
  15-65  load management, purchased power, and renewable resources;
  15-66              (3)  require a utility to provide transmission service
  15-67  to another utility or any other entity authorized to generate and
  15-68  sell electricity; and
  15-69              (4)  review the state's transmission system to
  15-70  determine and make recommendations to electric utilities on the
   16-1  need to build new power lines, upgrade power lines, and make other
   16-2  improvements and additions as necessary, and who should pay the
   16-3  cost of these improvements if made, review the actions of the
   16-4  electric utilities in light of such recommendations, and take such
   16-5  actions into account in fixing a reasonable return on invested
   16-6  capital under Subsection (b) of Section 39 of this Act.
   16-7        (k)  Before permitting cost recovery or incentives for the
   16-8  utility for a conservation or demand-side management program, the
   16-9  commission must first find that the program is cost-effective in
  16-10  comparison with all other available resources.
  16-11        (l)  In prescribing requirements under this section,
  16-12  including reporting requirements, the commission shall consider and
  16-13  recognize the different generating capacities of small and large
  16-14  utilities.
  16-15        (m)  The process must include procedures for electric
  16-16  utilities to solicit proposals for alternative energy resources,
  16-17  whether supply-side or demand-side.  In any such solicitation, the
  16-18  utility shall consider the feasibility, cost, reliability, and
  16-19  other relevant factors of the solicited resources.
  16-20        (n)  The commission may impose and revise limits on the cost
  16-21  of a resource addition that may be included in the utility's
  16-22  invested capital, for ratemaking purposes, based on the costs
  16-23  relied on by the commission in approving the utility's integrated
  16-24  resource plan or certificate of convenience and necessity.
  16-25        (o)  In addition to its other authority and responsibility
  16-26  under this section, the commission shall establish rules and
  16-27  guidelines which will ensure that renewable energy technologies
  16-28  compose at least two percent of the state's electric power
  16-29  generation capacity by the year 2000.
  16-30        SECTION 2.08.  Subsection (b), Section 39, Public Utility
  16-31  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  16-32  amended to read as follows:
  16-33        (b)  In fixing a reasonable return on invested capital, the
  16-34  regulatory authority shall consider, in addition to other
  16-35  applicable factors, efforts to comply with the most recent
  16-36  statewide integrated resource plan and the utility's most recent
  16-37  approved individual integrated resource <energy> plan, the efforts
  16-38  and achievements of such utility in the conservation of resources,
  16-39  the quality of the utility's services, the efficiency of the
  16-40  utility's operations, and the quality of the utility's management.
  16-41        SECTION 2.09.  Subsections (a) and (c), Section 52, Public
  16-42  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  16-43  Statutes), are amended to read as follows:
  16-44        (a)  A public utility shall submit to the commission an
  16-45  application to obtain a certificate of public convenience and
  16-46  necessity or an amendment thereof.  The utility shall file
  16-47  concurrently with the office a copy of the application.
  16-48        (c)  Each applicant for a certificate shall file with the
  16-49  commission and the office such evidence as is required by the
  16-50  commission to show that the applicant has received the required
  16-51  consent, franchise, or permit of the proper municipality or other
  16-52  public authority.
  16-53        SECTION 2.10.  Section 52, Public Utility Regulatory Act
  16-54  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  16-55  adding Subsection (d) to read as follows:
  16-56        (d)  Except as provided by rule, the commission may not
  16-57  accept an application for a certificate of convenience and
  16-58  necessity relating to the construction or major modification of an
  16-59  electric generating plant if the utility's most recent individual
  16-60  integrated resource plan has been filed with the commission but has
  16-61  not yet been approved.
  16-62        SECTION 2.11.  Section 54, Public Utility Regulatory Act
  16-63  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  16-64  as follows:
  16-65        Sec. 54.  (a)  When an application for a certificate of
  16-66  public convenience and necessity is filed, the commission shall
  16-67  give notice of such application to interested parties and, if
  16-68  requested, shall fix a time and place for a hearing and give notice
  16-69  of the hearing.  Any person interested in the application may
  16-70  intervene at the hearing.
   17-1        (b)  Except for certificates for prior operations granted
   17-2  under Section 53 and certificates for the construction of an
   17-3  electric generating plant, the commission may grant applications
   17-4  and issue certificates only if the commission finds that the
   17-5  certificate is necessary for the service, accommodation,
   17-6  convenience, or safety of the public.  The commission may grant
   17-7  applications and issue certificates for the construction of an
   17-8  electric generating plant only if the proposed plant has been
   17-9  approved by the commission as part of the utility's most recent
  17-10  approved individual integrated resource plan and the utility has
  17-11  conducted a solicitation based on the resource for which it is
  17-12  seeking a certificate.  The commission may issue the certificate as
  17-13  prayed for, or refuse to issue it, or issue it for the construction
  17-14  of a portion only of the contemplated system or facility or
  17-15  extension thereof, or for the partial exercise only of the right or
  17-16  privilege.
  17-17        (c)  Except as provided by Subsection (d) of this section,
  17-18  certificates <Certificates> of convenience and necessity shall be
  17-19  granted on a nondiscriminatory basis after consideration by the
  17-20  commission of the adequacy of existing service, the need for
  17-21  additional service, the effect of the granting of a certificate on
  17-22  the recipient of the certificate and on any public utility of the
  17-23  same kind already serving the proximate area, and on such factors
  17-24  as community values, recreational and park areas, historical and
  17-25  aesthetic values, environmental integrity, and the probable
  17-26  improvement of service or lowering of cost to consumers in such
  17-27  area resulting from the granting of such certificate.
  17-28        (d)  A <In addition to the requirements of this section, an
  17-29  electric utility applying for certificate of convenience and
  17-30  necessity for a new generating plant must first file a notice of
  17-31  intent to file an application for certification.>
  17-32              <(1)  The notice of intent shall set out alternative
  17-33  methods considered to help meet the electrical needs, related
  17-34  electrical facilities, and the advantages and disadvantages of the
  17-35  alternatives.  In addition, the notice shall indicate compatibility
  17-36  with the most recent long-term forecast provided in this Act.>
  17-37              <(2)  The commission shall conduct a hearing on the
  17-38  notice of intent to determine the appropriateness of the proposed
  17-39  generating plant as compared to the alternatives and shall issue a
  17-40  report on its findings.  In conjunction with the issuance of the
  17-41  report, the commission shall render a decision approving or
  17-42  disapproving the notice.  Such decision shall be rendered within
  17-43  180 days from the date of filing the notice of intent.>
  17-44        <(e)  On approval of the notice of intent, a> utility may
  17-45  apply for certification for a generating plant<,> site<,> and site
  17-46  facilities no later than 12 months before construction is to
  17-47  commence.
  17-48              (1)  The application for certification shall contain
  17-49  such information as the commission may require to justify the
  17-50  proposed generating plant<,> site<,> and site facilities and to
  17-51  allow a determination showing compatibility with the utility's most
  17-52  recent approved individual integrated resource plan <forecast>.
  17-53              (2)  Certificates of convenience and necessity shall be
  17-54  granted on a nondiscriminatory basis if the commission finds that
  17-55  the proposed new plant is required under the utility's most recent
  17-56  approved individual integrated resource plan <service area
  17-57  forecast, that it is the best and most economical choice of
  17-58  technology for that service area as compatible with the
  17-59  commission's forecast, and that conservation and alternative energy
  17-60  sources cannot meet the need>.  In making this determination, the
  17-61  commission shall review the solicitation process and the utility's
  17-62  decision with respect to the offers it received.  In determining
  17-63  whether to grant a certificate, the commission shall consider the
  17-64  factors prescribed by this subsection and Subsection (c) of this
  17-65  section.  The commission may not reconsider issues that were
  17-66  decided by the commission in the utility's most recent individual
  17-67  integrated resource plan.
  17-68        (e)  The <(f)  If the application for a certificate of
  17-69  convenience and necessity involves new transmission facilities,
  17-70  the> commission shall approve or deny an application for a
   18-1  certificate of convenience and necessity relating to construction
   18-2  of an electric generating plant within 180 days <the application
   18-3  within one year> after the date the application is filed.  If the
   18-4  commission does not approve or deny the application before this
   18-5  deadline, any party may seek a writ of mandamus in a district court
   18-6  of Travis County to compel the commission to make a decision on the
   18-7  application.
   18-8        SECTION 2.12.  Section 62, Public Utility Regulatory Act
   18-9  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  18-10  adding Subsection (c) to read as follows:
  18-11        (c)  The commission may revoke a certificate for a generating
  18-12  plant, or modification thereto, if the plant no longer meets the
  18-13  commission's criteria for inclusion in the utility's integrated
  18-14  resource plan.  The commission may provide appropriate treatment
  18-15  for prudently incurred costs of the plant.
  18-16        SECTION 2.13.  Section 43A, Public Utility Regulatory Act
  18-17  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  18-18  as follows:
  18-19        Sec. 43A.  A local exchange company may make changes in its
  18-20  tariffed rules, regulations, or practices that do not affect its
  18-21  charges or rates by filing the proposed changes concurrently with
  18-22  the office and <with> the commission at least 35 days prior to the
  18-23  effective date of the changes.  The commission may require such
  18-24  notice to ratepayers as it considers appropriate.  The commission
  18-25  may on complaint by any affected person or on its own motion hold a
  18-26  hearing, after reasonable notice, to determine the propriety of the
  18-27  change.  Pending the hearing and decision, the commission may
  18-28  suspend the operation of the proposed changes for a period not to
  18-29  exceed 120 days after the date on which the changes would otherwise
  18-30  go into effect.  The commission shall approve, deny, or modify the
  18-31  proposed changes before expiration of the suspension period.  In
  18-32  any proceeding under this section, the burden of proving that the
  18-33  requested relief is in the public interest and complies with this
  18-34  Act shall be borne by the local exchange company.
  18-35        SECTION 2.14.  Subsection (b), Section 43B, Public Utility
  18-36  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  18-37  amended to read as follows:
  18-38        (b)  At least 60 days before the date of the change, the
  18-39  local exchange company shall file concurrently with the commission
  18-40  and the office a statement of intent to change rates containing:
  18-41              (1)  a copy of the notice required by Subsection (a) of
  18-42  this section;
  18-43              (2)  the number of access lines the company has in
  18-44  service in this state;
  18-45              (3)  the date of the most recent commission order
  18-46  setting rates of the company;
  18-47              (4)  the increase in total gross annual local revenues
  18-48  that will be produced by the proposed rates;
  18-49              (5)  the increase in total gross annual local revenues
  18-50  that will be produced by the proposed rates together with any local
  18-51  rate changes which went into effect during the 12 months preceding
  18-52  the proposed effective date of the requested rate change and any
  18-53  other proposed local rate changes then pending before the
  18-54  commission;
  18-55              (6)  the increase in rates for each service category;
  18-56  and
  18-57              (7)  other information the commission by rule requires.
  18-58        SECTION 2.15.  Sections 63, 64, and 65, Public Utility
  18-59  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), are
  18-60  amended to read as follows:
  18-61        Sec. 63.  No public utility may sell, acquire, lease, or rent
  18-62  any plant as an operating unit or system in this state for a total
  18-63  consideration in excess of $100,000 or merge or consolidate with
  18-64  another public utility operating in this state unless the public
  18-65  utility reports such transaction to the commission and the office
  18-66  within a reasonable time.  All transactions involving the sale of
  18-67  50 percent or more of the stock of a public utility shall also be
  18-68  reported to the commission and the office within a reasonable time.
  18-69  On the filing of a report with the commission, the commission shall
  18-70  investigate the same with or without public hearing, to determine
   19-1  whether the action is consistent with the public interest.  In
   19-2  reaching its determination, the commission shall take into
   19-3  consideration the reasonable value of the property, facilities, or
   19-4  securities to be acquired, disposed of, merged or consolidated.  If
   19-5  the commission finds that such transactions are not in the public
   19-6  interest, the commission shall take the effect of the transaction
   19-7  into consideration in the rate-making proceedings and disallow the
   19-8  effect of such transaction if it will unreasonably affect rates or
   19-9  service.  The provisions of this section shall not be construed as
  19-10  being applicable to the purchase of units of property for
  19-11  replacement or to the addition to the facilities of the public
  19-12  utility by construction.
  19-13        Sec. 64.  No public utility may purchase voting stock in
  19-14  another public utility doing business in Texas, unless the utility
  19-15  reports such purchase to the commission and the office.
  19-16        Sec. 65.  No public utility may loan money, stocks, bonds,
  19-17  notes, or other evidences of indebtedness to any corporation or
  19-18  person owning or holding directly or indirectly any stock of the
  19-19  public utility unless the public utility reports the transaction to
  19-20  the commission and the office within a reasonable time.
  19-21        SECTION 2.16.  Chapter 591, Acts of the 72nd Legislature,
  19-22  Regular Session, 1991 (Article 6252-13f, Vernon's Texas Civil
  19-23  Statutes), is amended by adding Section 4A to read as follows:
  19-24        Sec. 4A.  UTILITY DIVISION.  (a)  The office shall establish
  19-25  a utility division to perform the contested case hearings for the
  19-26  Public Utility Commission of Texas as prescribed by the Public
  19-27  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  19-28  Statutes) and its subsequent amendments and other applicable law.
  19-29        (b)  The utility division shall conduct hearings relating to
  19-30  contested cases before the commission, other than a hearing
  19-31  conducted by one or more commissioners.  The commission by rule may
  19-32  delegate the responsibility to hear any other matter before the
  19-33  commission if consistent with the duties and responsibilities of
  19-34  the division.
  19-35        (c)  Only an administrative law judge in the utility division
  19-36  may conduct a hearing on behalf of the commission.  An
  19-37  administrative law judge in the utility division may conduct
  19-38  hearings for other state agencies as time allows.  The office may
  19-39  transfer an administrative law judge into the division on a
  19-40  temporary or permanent basis and may contract with qualified
  19-41  individuals to serve as temporary administrative law judges as
  19-42  necessary.
  19-43        (d)  To be eligible to preside at a hearing, an
  19-44  administrative law judge, regardless of temporary or permanent
  19-45  status, must be licensed to practice law in this state and have not
  19-46  less than five years of general experience or three years of
  19-47  experience in utility regulatory law.
  19-48        (e)  At the time the office receives jurisdiction of a
  19-49  proceeding, the commission shall provide to the administrative law
  19-50  judge a list of issues or areas that must be addressed.  In
  19-51  addition, the commission may identify and provide to the
  19-52  administrative law judge at any time additional issues or areas
  19-53  that must be addressed.
  19-54        (f)  The office and the commission shall jointly adopt rules
  19-55  providing for certification to the commission of an issue that
  19-56  involves an ultimate finding of compliance with or satisfaction of
  19-57  a statutory standard the determination of which is committed to the
  19-58  discretion or judgment of the commission by law.  The rules must
  19-59  address, at a minimum, the issues that are appropriate for
  19-60  certification and the procedure to be used in certifying the issue.
  19-61  Each agency shall publish the jointly adopted rules.
  19-62        (g)  Notwithstanding Section 13(j), Administrative Procedure
  19-63  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  19-64  Statutes), and its subsequent amendments, the commission may change
  19-65  a finding of fact or conclusion of law made by the administrative
  19-66  law judge or vacate or modify an order issued by the administrative
  19-67  law judge only if the commission:
  19-68              (1)  determines that the administrative law judge:
  19-69                    (A)  did not properly apply or interpret
  19-70  applicable law, agency rules or policies, or prior administrative
   20-1  decisions; or
   20-2                    (B)  issued a finding of fact that is not
   20-3  supported by a preponderance of the evidence; and
   20-4              (2)  states in writing the specific reason and legal
   20-5  basis for its determination under Subdivision (1) of this
   20-6  subsection.
   20-7        (h)  An administrative law judge, on the judge's own motion
   20-8  or on motion of a party, and after notice and an opportunity for a
   20-9  hearing, may impose appropriate sanctions as provided by Subsection
  20-10  (i) of this section against a party or its representative for:
  20-11              (1)  filing a motion or pleading that is groundless and
  20-12  brought:
  20-13                    (A)  in bad faith;
  20-14                    (B)  for the purpose of harassment; or
  20-15                    (C)  for any other improper purpose, such as to
  20-16  cause unnecessary delay or needless increase in the cost of the
  20-17  proceeding;
  20-18              (2)  abuse of the discovery process in seeking, making,
  20-19  or resisting discovery; or
  20-20              (3)  failure to obey an order of the administrative law
  20-21  judge or the commission.
  20-22        (i)  A sanction imposed under Subsection (h) of this section
  20-23  may include, as appropriate and justified, issuance of an order:
  20-24              (1)  disallowing further discovery of any kind or of a
  20-25  particular kind by the offending party;
  20-26              (2)  charging all or any part of the expenses of
  20-27  discovery against the offending party or its representative;
  20-28              (3)  holding that designated facts be deemed admitted
  20-29  for purposes of the proceeding;
  20-30              (4)  refusing to allow the offending party to support
  20-31  or oppose a designated claim or defense or prohibiting the party
  20-32  from introducing designated matters in evidence;
  20-33              (5)  disallowing in whole or in part requests for
  20-34  relief by the offending party and excluding evidence in support of
  20-35  such requests;
  20-36              (6)  punishing the offending party or its
  20-37  representative for contempt to the same extent as a district court;
  20-38              (7)  requiring the offending party or its
  20-39  representative to pay, at the time ordered by the administrative
  20-40  law judge, the reasonable expenses, including attorney fees,
  20-41  incurred by other parties because of the sanctionable behavior; and
  20-42              (8)  striking pleadings or testimony, or both, in whole
  20-43  or in part, or staying further proceedings until the order is
  20-44  obeyed.
  20-45        SECTION 2.17.  (a)  Section 13.09, State Purchasing and
  20-46  General Services Act (Article 601b, Vernon's Texas Civil Statutes),
  20-47  is amended to read as follows:
  20-48        Sec. 13.09.  APPLICATION.  The state agencies subject to this
  20-49  article are:
  20-50              (1)  the Texas Department of Mental Health and Mental
  20-51  Retardation;
  20-52              (2)  the Texas Department of Human Services;
  20-53              (3)  the Texas Department of Criminal Justice;
  20-54              (4)  the Department of Agriculture;
  20-55              (5)  the Central Education Agency;
  20-56              (6)  the Texas Higher Education Coordinating Board;
  20-57              (7)  the State Department of Highways and Public
  20-58  Transportation; <and>
  20-59              (8)  the commission;
  20-60              (9)  the Public Utility Commission of Texas; and
  20-61              (10)  the Office of Public Utility Counsel.
  20-62        (b)  This section takes effect September 1, 1995.
  20-63        SECTION 2.18.  (a)  A task force is established to administer
  20-64  the transfer of the hearings division from the Public Utility
  20-65  Commission of Texas to the State Office of Administrative Hearings
  20-66  and the transfer of personnel from the commission to the Office of
  20-67  Public Utility Counsel.  The task force is composed of:
  20-68              (1)  the governor or the governor's designee;
  20-69              (2)  the members of the Legislative Budget Board or the
  20-70  members' designees;
   21-1              (3)  the chairman of the Public Utility Commission of
   21-2  Texas;
   21-3              (4)  the public utility counsel; and
   21-4              (5)  the chief administrative law judge of the State
   21-5  Office of Administrative Hearings.
   21-6        (b)  The governor or the governor's designee is the presiding
   21-7  officer of the task force.
   21-8        (c)  The task force shall:
   21-9              (1)  determine the personnel, equipment, data,
  21-10  facilities, and other items that will be transferred under this Act
  21-11  and the schedule for the transfers; and
  21-12              (2)  mediate and resolve disputes between the
  21-13  respective agencies relating to a transfer.
  21-14        (d)  After the transfers have been completed, the task force
  21-15  shall prepare a written report detailing the specifics of the
  21-16  transfers and shall submit the report to the governor and the
  21-17  legislature.
  21-18        (e)  In determining a transfer under this Act, the task force
  21-19  shall ensure that the transfer does not adversely affect a
  21-20  proceeding before the Public Utility Commission of Texas or the
  21-21  rights of the parties to the proceeding.
  21-22        SECTION 2.19.  (a)  On September 1, 1993, all personnel,
  21-23  including hearings examiners and administrative law judges,
  21-24  equipment, data, facilities, and other items of the hearings
  21-25  division of the Public Utility Commission of Texas, other than the
  21-26  personnel, equipment, data, facilities, and other items of the
  21-27  central records office, are transferred to the utility division of
  21-28  the State Office of Administrative Hearings.  Until September 1,
  21-29  1994, an employee transferred to the utility division may be
  21-30  terminated or subject to salary reduction only for cause and only
  21-31  in relation to poor performance or unacceptable conduct.  A
  21-32  hearings examiner transferred to the State Office of Administrative
  21-33  Hearings becomes an administrative law judge on the date of
  21-34  transfer.
  21-35        (b)  A hearings examiner or administrative law judge
  21-36  transferred from the Public Utility Commission of Texas to the
  21-37  State Office of Administrative Hearings shall continue to hear any
  21-38  case assigned to the person as if the transfer had not occurred.
  21-39        (c)  The changes in law made by this article that relate to
  21-40  the powers and duties of the general counsel and Public Utility
  21-41  Commission of Texas staff and to the procedures governing a hearing
  21-42  before the utility division of the State Office of Administrative
  21-43  Hearings apply only to a case that is filed on or after September
  21-44  1, 1993.  For cases filed before September 1, 1993, the general
  21-45  counsel and commission staff shall continue to perform the duties
  21-46  prescribed by the provisions amended by this article as those
  21-47  duties existed on August 31, 1993.  In addition, the procedures
  21-48  prescribed by the provisions amended by this article shall continue
  21-49  to be used in a hearing, as those procedures existed on August 31,
  21-50  1993.  The former law is continued in effect for those purposes.
  21-51        (d)  The Public Utility Commission of Texas by rule shall
  21-52  adopt a statewide integrated resource planning process as required
  21-53  by Section 19, Public Utility Regulatory Act (Article 1446c,
  21-54  Vernon's Texas Civil Statutes), as added by this article, not later
  21-55  than September 1, 1994.
  21-56        (e)  The changes in law made by this article to Subsection
  21-57  (d), Section 52 and Section 54, Public Utility Regulatory Act
  21-58  (Article 1446c, Vernon's Texas Civil Statutes), take effect
  21-59  September 1, 1994, and apply only to an application for a
  21-60  certificate of convenience and necessity filed on or after that
  21-61  date, except that, in the case of any utility for which the
  21-62  commission has not yet approved an individual integrated resource
  21-63  plan as of September 1, 1994, applications for certificates of
  21-64  convenience and necessity shall be governed by the law in effect
  21-65  prior to the effective date of this Act until the commission
  21-66  approves an integrated resource plan for that utility.
  21-67        (f)  Section 2.18 of this article takes effect immediately.
  21-68                               ARTICLE 3
  21-69        SECTION 3.01.  (a)  Article III, Public Utility Regulatory
  21-70  Act (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   22-1  adding Section 16A to read as follows:
   22-2        Sec. 16A.  (a)  The commission by rule shall adopt procedures
   22-3  governing the use of settlements to resolve contested cases.
   22-4        (b)  The rules shall ensure that:
   22-5              (1)  each party retains the right to:
   22-6                    (A)  have a full hearing before the commission on
   22-7  issues that remain in dispute; and
   22-8                    (B)  judicial review of issues that remain in
   22-9  dispute;
  22-10              (2)  an issue of fact raised by a nonsettling party
  22-11  cannot be waived by a settlement or stipulation of the other
  22-12  parties; and
  22-13              (3)  the nonsettling party may use the issue of fact
  22-14  raised by that party as the basis for judicial review.
  22-15        (b)  This section applies only to a proceeding for which a
  22-16  final order has not been issued before the effective date of this
  22-17  Act.  On or after the effective date of this Act, the Public
  22-18  Utility Commission of Texas may not approve a settlement unless the
  22-19  settlement has been reached in accordance with rules adopted under
  22-20  Section 16A, Public Utility Regulatory Act (Article 1446c, Vernon's
  22-21  Texas Civil Statutes), as added by this Act, and its subsequent
  22-22  amendments.
  22-23        SECTION 3.02.  Section 30, Public Utility Regulatory Act
  22-24  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  22-25  as follows:
  22-26        Sec. 30.  The regulatory authority may require an annual
  22-27  reporting from each utility company of all its expenditures for
  22-28  business gifts and entertainment, and institutional,
  22-29  consumption-inducing and other advertising or public relations
  22-30  expenses.  The regulatory authority shall not allow as costs or
  22-31  expenses for rate-making purposes any of these expenditures which
  22-32  the regulatory authority determines not to be in the public
  22-33  interest.  Charitable or civic contributions and the <The> cost of
  22-34  legislative-advocacy expenses shall not in any case be allowed as
  22-35  costs or expenses for rate-making purposes.  Reasonable costs of
  22-36  participating in a proceeding under this Act <charitable or civic
  22-37  contributions> may be allowed not to exceed the amount approved by
  22-38  the regulatory authority.
  22-39        SECTION 3.03.  Article VI, Public Utility Regulatory Act
  22-40  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  22-41  amending Section 41 and adding Section 41C to read as follows:
  22-42        Sec. 41.  The components of invested capital and net income
  22-43  shall be determined according to the following rules:
  22-44              (a)  Invested Capital.  Utility rates shall be based
  22-45  upon the original cost of property used by and useful to the public
  22-46  utility in providing service including construction work in
  22-47  progress at cost as recorded on the books of the utility.  The cost
  22-48  of local exchange company pay telephone property, as that term is
  22-49  defined by Section 41C of this Act, may not be included in the rate
  22-50  base, except as provided by Section 41C of this Act.  The inclusion
  22-51  of construction work in progress is an exceptional form of rate
  22-52  relief to be granted only upon the demonstration by the utility
  22-53  that such inclusion is necessary to the financial integrity of the
  22-54  utility.  Construction work in progress shall not be included in
  22-55  the rate base for major projects under construction to the extent
  22-56  that such projects have been inefficiently or imprudently planned
  22-57  or managed.  Original cost shall be the actual money cost, or the
  22-58  actual money value of any consideration paid other than money, of
  22-59  the property at the time it shall have been dedicated to public
  22-60  use, whether by the utility which is the present owner or by a
  22-61  predecessor, less depreciation.
  22-62              (b)  Separations and Allocations.  Costs of facilities,
  22-63  revenues, expenses, taxes, and reserves shall be separated or
  22-64  allocated as prescribed by the regulatory authority.
  22-65              (c)  Net Income.  By "net income" is meant the total
  22-66  revenues of the public utility less all reasonable and necessary
  22-67  expenses as determined by the regulatory authority.  The regulatory
  22-68  authority shall determine expenses and revenues in a manner
  22-69  consistent with the following:
  22-70                    (1)  Transactions with Affiliated Interests.
   23-1  Payment to affiliated interests for costs of any services, or any
   23-2  property, right or thing, or for interest expense shall not be
   23-3  allowed either as capital cost or as expense except to the extent
   23-4  that the regulatory authority shall find such payment to be
   23-5  reasonable and necessary for each item or class of items as
   23-6  determined by the commission.  Any such finding shall include
   23-7  specific findings of the reasonableness and necessity of each item
   23-8  or class of items allowed and a finding that the price to the
   23-9  utility is no higher than prices charged by the supplying affiliate
  23-10  to its other affiliates or divisions for the same item or class of
  23-11  items, or to unaffiliated persons or corporations.  The price paid
  23-12  by gas utilities to affiliated interests for natural gas from Outer
  23-13  Continental Shelf lands shall be subject to a rebuttable
  23-14  presumption that such price is reasonable if the price paid does
  23-15  not exceed the price permitted by federal regulation if such gas is
  23-16  regulated by any federal agency or if not regulated by a federal
  23-17  agency does not exceed the price paid by nonaffiliated parties for
  23-18  natural gas from Outer Continental Shelf lands.  The burden of
  23-19  establishing that such a price paid is not reasonable shall be on
  23-20  any party challenging the reasonableness of such price.
  23-21                    (2)  Income Taxes.  If the public utility is a
  23-22  member of an affiliated group that is eligible to file a
  23-23  consolidated income tax return, and if it is advantageous to the
  23-24  public utility to do so, income taxes shall be computed as though a
  23-25  consolidated return had been so filed and the utility had realized
  23-26  its fair share of the savings resulting from the consolidated
  23-27  return, unless it is shown to the satisfaction of the regulatory
  23-28  authority that it was reasonable to choose not to consolidate
  23-29  returns.  The amounts of income taxes saved by a consolidated group
  23-30  of which a public utility is a member by reason of the elimination
  23-31  in the consolidated return of the intercompany profit on purchases
  23-32  by the public utility from an affiliate shall be applied to reduce
  23-33  the cost of the property or services so purchased.  The investment
  23-34  tax credit allowed against federal income taxes, to the extent
  23-35  retained by the utility, shall be applied as a reduction in the
  23-36  rate based contribution of the assets to which such credit applies,
  23-37  to the extent and at such rate as allowed by the Internal Revenue
  23-38  Code.
  23-39                    (3)  Expenses Disallowed.  The regulatory
  23-40  authority shall not consider for ratemaking purposes the following
  23-41  expenses:
  23-42                          (A)  legislative advocacy expenses, whether
  23-43  made directly or indirectly, including but not limited to
  23-44  legislative advocacy expenses included in trade association dues;
  23-45                          (B)  payments, except those made under an
  23-46  insurance or risk-sharing arrangement executed before the date of
  23-47  loss, made to cover costs of an accident, equipment failure, or
  23-48  negligence at a utility facility owned by a person or governmental
  23-49  body not selling power inside the State of Texas;
  23-50                          (C)  Costs of processing a refund or credit
  23-51  under Subsection (e) of Section 43 of this Act; <or>
  23-52                          (D)  charitable or civic contributions; or
  23-53                          (E)  any expenditure found by the
  23-54  regulatory authority to be unreasonable, unnecessary, or not in the
  23-55  public interest, including but not limited to executive salaries,
  23-56  advertising expenses, legal expenses, and civil or administrative
  23-57  penalties or fines.
  23-58        The regulatory authority may promulgate reasonable rules and
  23-59  regulations with respect to the allowance or disallowance of any
  23-60  expenses for ratemaking purposes.  The commission shall adopt
  23-61  reasonable rules with respect to the allowance or disallowance of
  23-62  costs of participating in a proceeding under this Act.
  23-63        Sec. 41C.  (a)  The commission shall adopt rules allowing
  23-64  providers of pay telephone service to designate certain pay
  23-65  telephones as public interest pay telephones.  The service of these
  23-66  telephones constitutes public interest pay telephone service if the
  23-67  utility demonstrates that the pay telephone will not recover its
  23-68  cost because the pay telephone is located in:
  23-69              (1)  a rural or remote area where the volume of traffic
  23-70  at the pay telephone is not sufficient to cover the cost of
   24-1  providing the service; or
   24-2              (2)  an area where the expense associated with the
   24-3  provision of the pay telephone service is significant due to theft,
   24-4  vandalism, or other similar problems such that the volume of
   24-5  traffic at the pay telephone is not sufficient to cover the costs
   24-6  of providing the service.
   24-7        (b)  A utility may not include in the company's rate base the
   24-8  costs of local exchange company pay telephone property or include
   24-9  in the company's revenue and expense calculations the expense of
  24-10  providing local exchange company pay telephone service to the
  24-11  public.
  24-12        (c)  A utility may include in the company's cost of service
  24-13  the expense of public interest pay telephone property and the
  24-14  expense of providing public interest pay telephone service.  The
  24-15  utility has the burden of proof in establishing that the pay
  24-16  telephone service constitutes public interest pay telephone
  24-17  service.  In addition, it is not sufficient for the utility to
  24-18  merely show that the pay telephone is not expected to recover its
  24-19  costs.
  24-20        (d)  The commission shall adopt rules to provide that the
  24-21  total value of a contract is considered in determining whether a
  24-22  pay telephone included in a contract for the provision of
  24-23  telecommunications is a public interest pay telephone.
  24-24        (e)  The commission shall adopt rules to implement this
  24-25  section.
  24-26        (f)  In this section:
  24-27              (1)  "Local exchange company pay telephone property"
  24-28  means all property the local exchange company requires to provide
  24-29  pay telephone service to the public, including the cost of pay
  24-30  telephone hardware, pay telephone enclosures, pay telephone
  24-31  internal software, lines costs, and switch costs.  The term does
  24-32  not include property the local exchange company requires to provide
  24-33  public interest pay telephone service.
  24-34              (2)  "Local exchange company pay telephone service"
  24-35  means each act done, rendered, or performed, each thing furnished
  24-36  or supplied, and each facility used, furnished, or supplied by a
  24-37  public utility to provide to the public pay telephone service.  The
  24-38  term does not include an act, thing, or facility used to provide
  24-39  public interest pay telephone service.
  24-40              (3)  "Public interest pay telephone property" means all
  24-41  property the local exchange company requires to provide pay
  24-42  telephone service to the public from a pay telephone designated in
  24-43  accordance with Subsection (a) of this section, including the cost
  24-44  of pay telephone hardware, pay telephone enclosures, pay telephone
  24-45  internal software, lines costs, and switch costs.
  24-46              (4)  "Public interest pay telephone service" means each
  24-47  act done, rendered, or performed, each thing furnished or supplied,
  24-48  and each facility used, furnished, or supplied by a public utility
  24-49  to provide to the public pay telephone service from a pay telephone
  24-50  designated in accordance with Subsection (a) of this section.
  24-51        SECTION 3.04.  Section 42, Public Utility Regulatory Act
  24-52  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  24-53  as follows:
  24-54        Sec. 42.  (a)  Whenever the regulatory authority, after
  24-55  reasonable notice and hearing, on its own motion or on complaint by
  24-56  any affected person, finds that the existing rates of any public
  24-57  utility for any service are unreasonable or in any way in violation
  24-58  of any provision of law, the regulatory authority shall determine
  24-59  the just and reasonable rates, including maximum or minimum rates,
  24-60  to be thereafter observed and in force, and shall fix the same by
  24-61  order to be served on the public utility; and such rates shall
  24-62  constitute the legal rates of the public utility until changed as
  24-63  provided in this Act.  Whenever a public utility does not itself
  24-64  produce or generate that which it distributes, transmits, or
  24-65  furnishes to the public for compensation, but obtains the same from
  24-66  another source, the regulatory authority shall have the power and
  24-67  authority to investigate the cost of such production or generation
  24-68  in any investigation of the reasonableness of the rates of such
  24-69  public utility.
  24-70        (b)  Not later than the 120th day after the regulatory
   25-1  authority notifies the utility that the regulatory authority has
   25-2  decided to proceed with an inquiry under this section relating to
   25-3  the rates of the utility, the utility shall file a rate-filing
   25-4  package concurrently with the regulatory authority and the office.
   25-5  The regulatory authority shall make a final determination
   25-6  concerning the matter not later than the 185th day after the date
   25-7  on which the utility files the rate-filing package.  However, the
   25-8  185-day period is extended two days for each one day of actual
   25-9  hearings on the merits of the case that exceeds 15 days.
  25-10        (c)  At any time after an initial complaint is filed under
  25-11  this section, the regulatory authority may issue an interim order
  25-12  fixing temporary rates for the utility that will continue until a
  25-13  final determination on the matter is made.  On issuance of a final
  25-14  order, the regulatory authority may require the utility to refund
  25-15  to customers or to credit against future bills all sums collected
  25-16  during the period in which those temporary rates were in effect
  25-17  that are in excess of the rate finally ordered, plus interest at
  25-18  the current rate as finally determined by the commission or, if the
  25-19  amounts collected during the period in which the temporary rates
  25-20  were in effect are less than the amounts that would have been
  25-21  collected under the rate finally ordered, the regulatory authority
  25-22  shall authorize the utility to surcharge bills to recover the
  25-23  difference between those amounts, plus interest on the amount of
  25-24  the difference at the current rate as finally determined by the
  25-25  commission.
  25-26        (d)  If the 185-day period has been extended as provided by
  25-27  Subsection (b) of this section and the regulatory authority has not
  25-28  issued a final order or fixed temporary rates on or before the
  25-29  185th day, the rates charged by the utility on that 185th day
  25-30  automatically become temporary rates.  On issuance of a final
  25-31  order, the regulatory authority shall require the utility to refund
  25-32  to customers or to credit against future bills all sums collected
  25-33  during the period in which those temporary rates were in effect
  25-34  that are in excess of the rate finally ordered, plus interest at
  25-35  the current rate as finally determined by the commission or, if the
  25-36  amounts collected during the period in which the temporary rates
  25-37  were in effect are less than the amounts that would have been
  25-38  collected under the rate finally ordered, the regulatory authority
  25-39  shall authorize the utility to surcharge bills to recover the
  25-40  difference between those amounts, plus interest on the amount of
  25-41  the difference at the current rate as finally determined by the
  25-42  commission.
  25-43        SECTION 3.05.  Section 71A, Public Utility Regulatory Act
  25-44  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  25-45  as follows:
  25-46        Sec. 71A.  (a)  The commission may impose an administrative
  25-47  penalty against a person regulated under this Act who violates this
  25-48  Act or a rule or order adopted under this Act.
  25-49        (b)  The penalty for a violation may be in an amount not to
  25-50  exceed $5,000.  Each day a violation continues or occurs is a
  25-51  separate violation for purposes of imposing a penalty.
  25-52        (c)  The amount of the penalty shall be based on:
  25-53              (1)  the seriousness of the violation, including the
  25-54  nature, circumstances, extent, and gravity of any prohibited acts,
  25-55  and the hazard or potential hazard created to the health, safety,
  25-56  or economic welfare of the public;
  25-57              (2)  the economic harm to property or the environment
  25-58  caused by the violation;
  25-59              (3)  the history of previous violations;
  25-60              (4)  the amount necessary to deter future violations;
  25-61              (5)  efforts to correct the violation; and
  25-62              (6)  any other matter that justice may require.
  25-63        (d)  If the executive director determines that a violation
  25-64  has occurred, the executive director may issue to the commission a
  25-65  report that states the facts on which the determination is based
  25-66  and the director's recommendation on the imposition of a penalty,
  25-67  including a recommendation on the amount of the penalty.
  25-68        (e)  Within 14 days after the date the report is issued, the
  25-69  executive director shall give written notice of the report to the
  25-70  person.  The notice may be given by certified mail.  The notice
   26-1  must include a brief summary of the alleged violation and a
   26-2  statement of the amount of the recommended penalty and must inform
   26-3  the person that the person has a right to a hearing on the
   26-4  occurrence of the violation, the amount of the penalty, or both the
   26-5  occurrence of the violation and the amount of the penalty.
   26-6        (f)  Within 20 days after the date the person receives the
   26-7  notice, the person in writing may accept the determination and
   26-8  recommended penalty of the executive director or may make a written
   26-9  request for a hearing on the occurrence of the violation, the
  26-10  amount of the penalty, or both the occurrence of the violation and
  26-11  the amount of the penalty.
  26-12        (g)  If the person accepts the determination and recommended
  26-13  penalty of the executive director, the commission by order shall
  26-14  approve the determination and impose the recommended penalty.
  26-15        (h)  If the person requests a hearing or fails to respond
  26-16  timely to the notice, the executive director shall set a hearing
  26-17  and give notice of the hearing to the person.  The hearing shall be
  26-18  held by an administrative law judge of the State Office of
  26-19  Administrative Hearings.  The administrative law judge shall make
  26-20  findings of fact and conclusions of law and promptly issue to the
  26-21  commission a proposal for a decision about the occurrence of the
  26-22  violation and the amount of a proposed penalty.  Based on the
  26-23  findings of fact, conclusions of law, and proposal for a decision,
  26-24  the commission by order may find that a violation has occurred and
  26-25  impose a penalty or may find that no violation occurred.  Before
  26-26  any penalty may be assessed hereunder, the commission shall
  26-27  establish by clear and convincing evidence that a violation has
  26-28  occurred.
  26-29        (i)  The notice of the commission's order given to the person
  26-30  under the Administrative Procedure and Texas Register Act (Article
  26-31  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  26-32  amendments must include a statement of the right of the person to
  26-33  judicial review of the order.
  26-34        (j)  Within 30 days after the date the commission's order is
  26-35  final as provided by Subsection (c), Section 16, Administrative
  26-36  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  26-37  Civil Statutes), and its subsequent amendments, the person shall:
  26-38              (1)  pay the amount of the penalty;
  26-39              (2)  pay the amount of the penalty and file a petition
  26-40  for judicial review contesting the occurrence of the violation, the
  26-41  amount of the penalty, or both the occurrence of the violation and
  26-42  the amount of the penalty; or
  26-43              (3)  without paying the amount of the penalty, file a
  26-44  petition for judicial review contesting the occurrence of the
  26-45  violation, the amount of the penalty, or both the occurrence of the
  26-46  violation and the amount of the penalty.
  26-47        (k)  Within the 30-day period, a person who acts under
  26-48  Subdivision (3) of Subsection (j) of this section may:
  26-49              (1)  stay enforcement of the penalty by:
  26-50                    (A)  paying the amount of the penalty to the
  26-51  court for placement in an escrow account; or
  26-52                    (B)  giving to the court a supersedeas bond that
  26-53  is approved by the court for the amount of the penalty and that is
  26-54  effective until all judicial review of the commission's order is
  26-55  final; or
  26-56              (2)  request the court to stay enforcement of the
  26-57  penalty by:
  26-58                    (A)  filing with the court a sworn affidavit of
  26-59  the person stating that the person is financially unable to pay the
  26-60  amount of the penalty and is financially unable to give the
  26-61  supersedeas bond; and
  26-62                    (B)  giving a copy of the affidavit to the
  26-63  executive director by certified mail.
  26-64        (l)  The executive director, on receipt of a copy of an
  26-65  affidavit under Subdivision (2) of Subsection (k) of this section,
  26-66  may file with the court, within five days after the date the copy
  26-67  is received, a contest to the affidavit.  The court shall hold a
  26-68  hearing on the facts alleged in the affidavit as soon as
  26-69  practicable and shall stay the enforcement of the penalty on
  26-70  finding that the alleged facts are true.  The person who files an
   27-1  affidavit has the burden of proving that the person is financially
   27-2  unable to pay the amount of the penalty and to give a supersedeas
   27-3  bond.
   27-4        (m)  If the person does not pay the amount of the penalty and
   27-5  the enforcement of the penalty is not stayed, the executive
   27-6  director may refer the matter to the attorney general for
   27-7  collection of the amount of the penalty.
   27-8        (n)  Judicial review of the order of the commission:
   27-9              (1)  is instituted by filing a petition as provided by
  27-10  Section 19, Administrative Procedure and Texas Register Act
  27-11  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  27-12  subsequent amendments; and
  27-13              (2)  is under the substantial evidence rule.
  27-14        (o)  If the court sustains the occurrence of the violation,
  27-15  the court may uphold or reduce the amount of the penalty and order
  27-16  the person to pay the full or reduced amount of the penalty.  If
  27-17  the court does not sustain the occurrence of the violation, the
  27-18  court shall order that no penalty is owed.
  27-19        (p)  When the judgment of the court becomes final, the court
  27-20  shall proceed under this subsection.  If the person paid the amount
  27-21  of the penalty and if that amount is reduced or is not upheld by
  27-22  the court, the court shall order that the appropriate amount plus
  27-23  accrued interest be remitted to the person.  The rate of the
  27-24  interest is the rate charged on loans to depository institutions by
  27-25  the New York Federal Reserve Bank, and the interest shall be paid
  27-26  for the period beginning on the date the penalty was paid and
  27-27  ending on the date the penalty is remitted.  If the person gave a
  27-28  supersedeas bond and if the amount of the penalty is not upheld by
  27-29  the court, the court shall order the release of the bond.  If the
  27-30  person gave a supersedeas bond and if the amount of the penalty is
  27-31  reduced, the court shall order the release of the bond after the
  27-32  person pays the amount.
  27-33        (q)  A penalty collected under this section shall be remitted
  27-34  to the comptroller for deposit in the general revenue fund.
  27-35        (r)  All proceedings under this section are subject to the
  27-36  Administrative Procedure and Texas Register Act (Article 6252-13a,
  27-37  Vernon's Texas Civil Statutes) and its subsequent amendments <At
  27-38  the request of the commission, the attorney general shall bring
  27-39  suit for the appointment of a receiver to collect the assets and
  27-40  carry on the business of a water or sewer utility that violates a
  27-41  final order of the commission or allows any property owned or
  27-42  controlled by it to be used in violation of a final order of the
  27-43  commission.>
  27-44        <(b)  The court shall appoint a receiver if such appointment
  27-45  is necessary to guarantee the collection of assessments, fees,
  27-46  penalties, or interest, to guarantee continued service to the
  27-47  customers of the utility, or to prevent continued or repeated
  27-48  violation of the final order.>
  27-49        <(c)  The receiver shall execute a bond to assure the proper
  27-50  performance of the receiver's duties in an amount to be set by the
  27-51  court.>
  27-52        <(d)  After appointment and execution of bond the receiver
  27-53  shall take possession of the assets of the utility specified by the
  27-54  court.  Until discharged by the court, the receiver shall perform
  27-55  the duties that the court directs to preserve the assets and carry
  27-56  on the business of the utility and shall strictly observe the final
  27-57  order involved.>
  27-58        <(e)  Upon a showing of good cause by the utility, the court
  27-59  may dissolve the receivership and order the assets and control of
  27-60  the business returned to the utility>.
  27-61        SECTION 3.06.  Section 116, Public Utility Regulatory Act
  27-62  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  27-63  as follows:
  27-64        Sec. 116.  <(a)>  A person who owns or operates an ADAD and
  27-65  who operates the ADAD without a valid permit or with an expired
  27-66  permit or who operates the ADAD in violation of this article or a
  27-67  commission rule or order is subject to an administrative penalty in
  27-68  accordance with Section 71A of this Act <of not more than $1,000
  27-69  for each day or portion of a day during which the ADAD was
  27-70  operating in  violation of this section.>
   28-1        <(b)  The administrative penalty authorized by this section
   28-2  is civil in nature and is cumulative of any other penalty provided
   28-3  by law.>
   28-4        <(c)  The commission by rule shall prescribe the procedures
   28-5  for assessing an administrative penalty under this section.  The
   28-6  procedures shall require proper notice and hearing in accordance
   28-7  with the Administrative Procedure and Texas Register Act (Article
   28-8  6252-13a, Vernon's Texas Civil Statutes).>
   28-9        <(d)  A person may appeal the final order of the commission
  28-10  under the Administrative Procedure and Texas Register Act (Article
  28-11  6252-13a, Vernon's Texas Civil Statutes), using the substantial
  28-12  evidence rule on appeal.>
  28-13        <(e)  The proceeds of administrative penalties collected
  28-14  under this section shall be deposited to the credit of the General
  28-15  Revenue Fund>.
  28-16        SECTION 3.07.  Sections 78 and 80, Public Utility Regulatory
  28-17  Act (Article 1446c, Vernon's Texas Civil Statutes), are amended to
  28-18  read as follows:
  28-19        Sec. 78.  An assessment is hereby imposed upon each public
  28-20  utility within the commission's jurisdiction, including
  28-21  interexchange telecommunications carriers, serving the ultimate
  28-22  consumer equal to one-sixth of one percent of its gross receipts
  28-23  from rates charged the ultimate consumers in Texas for the purpose
  28-24  of defraying the costs and expenses incurred in the administration
  28-25  of this Act.  The legislature may <Thereafter the commission shall,
  28-26  subject to the approval of the Legislature,>  adjust this
  28-27  assessment to provide a level of income sufficient to fund the
  28-28  commission and the office of public utility counsel.  Any
  28-29  interexchange telecommunications carrier found dominant as to any
  28-30  service market under Section 100(b) or filing a petition under
  28-31  Section 100(f) of this Act shall be required to reimburse the
  28-32  Office of Public Utility Counsel for the costs of participation
  28-33  before the commission on behalf of residential ratepayers in any of
  28-34  the proceedings under Section 100 of this Act to the extent found
  28-35  reasonable by the commission.  Recovery of costs under this section
  28-36  by the Office of Public Utility Counsel shall not exceed $175,000
  28-37  per annum.  Nothing in this Act or any other provision of law shall
  28-38  prohibit interexchange telecommunications carriers who do not
  28-39  provide local exchange telephone service from collecting the fee
  28-40  imposed under this Act as an additional item separately stated on
  28-41  the customer bill as "Utility Gross Receipts Assessment."
  28-42        Sec. 80.  (a)  All fees, penalties, and interest paid under
  28-43  the provisions of Sections 78 and 79 of this article shall be
  28-44  collected by the comptroller of public accounts and paid into the
  28-45  general revenue fund.  <The commission shall notify the comptroller
  28-46  of public accounts of any adjustment of the assessment imposed in
  28-47  Section 78 when made.>
  28-48        (b)  All money paid to the commission or to the Office of
  28-49  Public Utility Counsel under this Act shall be deposited in the
  28-50  state treasury.
  28-51        SECTION 3.08.  Subsection (c), Section 6, Chapter 1132, Acts
  28-52  of the 70th Legislature, Regular Session, 1987 (Article 4413(55),
  28-53  Vernon's Texas Civil Statutes), is amended to read as follows:
  28-54        (c)  Any order or ruling of the Public Utility Commission of
  28-55  Texas entered pursuant to this Act shall be deemed to have been
  28-56  entered or adopted under the Public Utility Regulatory Act and, for
  28-57  purposes of enforcement, is subject to enforcement pursuant to
  28-58  Article XI <Sections 71 through 77> of the Public Utility
  28-59  Regulatory Act and its subsequent amendments.
  28-60        SECTION 3.09.  (a)  This article takes effect September 1,
  28-61  1993, and applies to a proceeding for which a final order has not
  28-62  been issued before that date.
  28-63        (b)  The changes in Sections 71A and 116, Public Utility
  28-64  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), and
  28-65  to Subsection (c), Section 6, Chapter 1132, Acts of the 70th
  28-66  Legislature, Regular Session, 1987 (Article 4413(55), Vernon's
  28-67  Texas Civil Statutes), made by this article apply only to a
  28-68  violation committed on or after the effective date of this article.
  28-69  A violation committed before the effective date of this article is
  28-70  governed by the law in effect when the violation occurred, and that
   29-1  law is continued in effect for that purpose.
   29-2                               ARTICLE 4
   29-3        SECTION 4.01.  Subsections (a) and (h), Section 43B, Public
   29-4  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
   29-5  Statutes), are amended to read as follows:
   29-6        (a)  Except as otherwise provided by this section, a local
   29-7  exchange company that <is a cooperative corporation or that> has
   29-8  fewer than 5,000 access lines in service in this state may change
   29-9  rates by publishing notice of the change at least 60 days before
  29-10  the date of the change in the place and form as prescribed by the
  29-11  commission.  The notice must include:
  29-12              (1)  the reasons for the rate change;
  29-13              (2)  a description of the affected service;
  29-14              (3)  an explanation of the right of the subscriber to
  29-15  petition the commission for a hearing on the rate change; and
  29-16              (4)  a list of rates that are affected by the proposed
  29-17  rate change.
  29-18        (h)  The commission is granted all necessary power and
  29-19  authority to prescribe and collect fees and assessments from local
  29-20  exchange companies necessary to recover the commission's and the
  29-21  Office of Public Utility Counsel's costs of activities carried out
  29-22  and services provided under Subsection (i) of Section 43 and
  29-23  Sections 43A, <and> 43B, and 43C of this Act.
  29-24        SECTION 4.02.  Article VI, Public Utility Regulatory Act
  29-25  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  29-26  adding Section 43C to read as follows:
  29-27        Sec. 43C.  (a)  A local exchange company that is a
  29-28  cooperative corporation may vote to partially deregulate the
  29-29  company by sending a ballot to each corporation member.  The ballot
  29-30  may be included in a bill or sent separately.  The ballot shall
  29-31  provide for voting for or against the proposition:  "Authorizing
  29-32  the partial deregulation of the (name of local exchange company)."
  29-33        (b)  The company may offer extended local calling services or
  29-34  new services on an optional basis, restructure rates of existing
  29-35  services, or make changes in its rates or tariffs if:
  29-36              (1)  a majority of the ballots returned to the company
  29-37  not later than the 45th day after the date on which the ballots are
  29-38  mailed favor deregulation; and
  29-39              (2)  the company:
  29-40                    (A)  files concurrently with the commission and
  29-41  the office a statement of intent, as prescribed by Subsection (c)
  29-42  of this section, not later than the 61st day before the date on
  29-43  which the proposed change will take effect;
  29-44                    (B)  provides notice of the proposed change to
  29-45  all customers and municipalities as prescribed by Subsection (d) of
  29-46  this section; and
  29-47                    (C)  files with the commission affidavits
  29-48  verifying the provision of notice as prescribed by Subsection (e)
  29-49  of this section.
  29-50        (c)  The statement of intent required by Paragraph (A) of
  29-51  Subdivision (2) of Subsection (b) of this section must include:
  29-52              (1)  a copy of a resolution approving the proposed
  29-53  change and authorizing the filing of the statement of intent signed
  29-54  by a majority of the members of the local exchange telephone
  29-55  company's board of directors;
  29-56              (2)  a description of the services affected by the
  29-57  proposed change;
  29-58              (3)  a copy of the proposed tariff for the affected
  29-59  service;
  29-60              (4)  a copy of the customer notice required by
  29-61  Subdivision (2) of Subsection (b) of this section;
  29-62              (5)  the amount by which the company's total gross
  29-63  annual revenues will increase or decrease as a result of the
  29-64  change; and
  29-65              (6)  a statement explaining in detail the estimated
  29-66  effect of the change on the utility's revenue by revenue class and
  29-67  stating the classes and number of classes affected.
  29-68        (d)  The local exchange company shall provide to all affected
  29-69  customers and parties, including municipalities, at least two
  29-70  notices of the proposed change by bill insert or by individual
   30-1  notice.  The company shall provide the first notice not later than
   30-2  the 61st day before the date on which the proposed change will take
   30-3  effect.  The company shall provide the last notice not later than
   30-4  the 31st day before the date on which the proposed change will take
   30-5  effect.  Each notice prescribed by this subsection must include:
   30-6              (1)  a description of the services affected by the
   30-7  proposed change;
   30-8              (2)  the effective date of the proposed change;
   30-9              (3)  an explanation of the customer's right to petition
  30-10  the commission for a review under Subsection (f) of this section;
  30-11              (4)  an explanation of the customer's right to obtain a
  30-12  copy of the proposed tariff from the company;
  30-13              (5)  the amount by which the company's total gross
  30-14  annual revenues will increase or decrease as a result of the
  30-15  proposed change; and
  30-16              (6)  a list of rates that are affected by the proposed
  30-17  rate change.
  30-18        (e)  Not later than the 15th day before the date on which the
  30-19  proposed change will take effect, the local exchange telephone
  30-20  company shall file with the commission affidavits that verify that
  30-21  the company provided each notice prescribed under Subsection (d) of
  30-22  this section.
  30-23        (f)  The commission shall review a proposed change filed
  30-24  under this section if:
  30-25              (1)  the commission receives, not later than the 30th
  30-26  day after the date notice is provided under Subsection (d) of this
  30-27  section, complaints relating to the proposed change:
  30-28                    (A)  signed by at least five percent of the
  30-29  affected local service customers; or
  30-30                    (B)  from an affected intrastate access customer,
  30-31  or group of affected intrastate access customers, that in the
  30-32  preceding 12 months accounted for more than 10 percent of the
  30-33  company's total intrastate access revenues; or
  30-34              (2)  the company does not comply with the procedural
  30-35  requirements of this section.
  30-36        (g)  Notwithstanding any other provision of this section, the
  30-37  commission may conduct a review in accordance with Section 42 of
  30-38  this Act.  On review, the commission may suspend the actions of the
  30-39  local exchange telephone company during the pendency of review.
  30-40        (h)  A company that is partially deregulated under this
  30-41  section may vote to reverse the deregulation by sending a ballot to
  30-42  each corporation member.  The ballot may be included in a bill or
  30-43  sent separately.  The ballot shall provide for voting for or
  30-44  against the proposition:  "Reversing the partial deregulation of
  30-45  the (name of local exchange company)."  The partial deregulation is
  30-46  reversed if a majority of the ballots returned to the company not
  30-47  later than the 45th day after the date on which the ballots are
  30-48  mailed favor reversal.
  30-49        (i)  The commission by rule shall prescribe the voting
  30-50  procedures a company is required to use under this section.
  30-51        (j)  This section does not:
  30-52              (1)  prohibit a local exchange telephone company from
  30-53  filing for a new service or rate change under another applicable
  30-54  section of this Act; or
  30-55              (2)  affect the application of other provisions of this
  30-56  Act not directly related to rate-making or the authority of the
  30-57  commission to require the company to file reports required under
  30-58  this Act or under rules adopted by the commission.
  30-59        SECTION 4.03.  Section 45, Public Utility Regulatory Act
  30-60  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  30-61  as follows:
  30-62        Sec. 45.    (a)  No public utility may, as to rates or
  30-63  services, make or grant any unreasonable preference or advantage to
  30-64  any corporation or person within any classification, or subject any
  30-65  corporation or person within any classification to any unreasonable
  30-66  prejudice or disadvantage.  No public utility may establish and
  30-67  maintain any unreasonable differences as to rates of service either
  30-68  as between localities or as between classes of service.
  30-69        (b)  A public utility may not impose a restriction, including
  30-70  a geographic requirement per location or a minimum line
   31-1  requirement, that will limit the availability of central office
   31-2  based PBX-type services to any business, either individually or as
   31-3  part of a sharing arrangement.  A public utility may not
   31-4  discriminate between individual businesses obtaining central office
   31-5  based PBX-type services and businesses obtaining those services
   31-6  through a sharing arrangement.
   31-7        SECTION 4.04.  Section 27, Public Utility Regulatory Act
   31-8  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
   31-9  adding Subsection (g) to read as follows:
  31-10        (g)  Dominant carriers shall submit to the commission, on an
  31-11  annual basis, cost accounting information on all of the services
  31-12  provided by the carrier in the State of Texas in an easily read
  31-13  form that complies with generally accepted accounting principles.
  31-14  The cost accounting information of each service provided by the
  31-15  carrier shall be separated from the cost accounting information of
  31-16  other services and shall indicate all of the costs attributable
  31-17  directly or indirectly to each service.  All costs for services
  31-18  provided by the carrier in the State of Texas shall be fully
  31-19  allocated in a manner as if each service was a stand alone
  31-20  business.  All information submitted to the commission shall be
  31-21  available to the public.  The commission is granted all necessary
  31-22  power and authority under this Act to promulgate rules and
  31-23  establish procedures for the purposes of enforcing and implementing
  31-24  this section.
  31-25        SECTION 4.05.  Article VII, Public Utility Regulatory Act
  31-26  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  31-27  adding Section 61A to read as follows:
  31-28        Sec. 61A.  (a)  Within six months of the effective date of
  31-29  this section, the commission shall adopt rules providing that
  31-30  owners and operators of pay telephones:
  31-31              (1)  shall not impose any charge for local directory
  31-32  assistance calls or calls made pursuant to Chapter 772, Health and
  31-33  Safety Code; and
  31-34              (2)  shall, if other than a local exchange company, not
  31-35  impose a total charge for a local call that is an amount greater
  31-36  than the rate charged for a local call placed from a pay telephone
  31-37  owned by a local exchange company at the same location.
  31-38        (b)  Any telecommunications carrier using the facilities or
  31-39  services of a pay telephone provider shall pay the provider just
  31-40  and reasonable compensation for the use of those facilities or
  31-41  services to complete billable operator services calls and for any
  31-42  other use that the commission determines appropriate consistent
  31-43  with the provisions of this Act.  The compensation shall be
  31-44  determined by the commission subject to this Act.  This section
  31-45  shall not apply to the extent a telecommunications carrier and a
  31-46  pay telephone provider have reached their own written compensation
  31-47  agreement.
  31-48                               ARTICLE 5
  31-49        SECTION 5.01.  Section 23, Public Utility Regulatory Act
  31-50  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  31-51  as follows:
  31-52        Sec. 23.  (a)  Any municipality regulating its public
  31-53  utilities pursuant to this Act may <shall> require from those
  31-54  utilities all necessary data to make a reasonable determination of
  31-55  rate base, expenses, investment, and rate of return within the
  31-56  municipal boundaries.  The standards for such determination shall
  31-57  be based on the procedures and requirements of this Act and said
  31-58  municipality shall retain any and all personnel necessary to make
  31-59  the determination of reasonable rates required under this Act.
  31-60        (b)  Not later than the 31st day before the date on which a
  31-61  utility files a statement of intent under Subsection (a) of Section
  31-62  43 of this Act, the utility shall provide to each municipality
  31-63  having original jurisdiction notice of intent to file the
  31-64  statement.  Not later than the 30th day after a municipality
  31-65  receives notice of intent to file a statement, the municipality may
  31-66  request that the utility file with the municipality a statement of
  31-67  intent in accordance with Subsection (a) of Section 43 of this Act.
  31-68  If requested, the utility shall file the statement of intent with
  31-69  the municipality at the same time the statement is filed with the
  31-70  commission and the office.
   32-1        SECTION 5.02.  Subsection (a), Section 43, Public Utility
   32-2  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
   32-3  amended to read as follows:
   32-4        (a)  Except as provided by Subsection (b) of Section 23 of
   32-5  this Act, no <No> utility may make changes in its rates except by
   32-6  filing a statement of intent concurrently with the office and with
   32-7  the regulatory authority having original jurisdiction at least 35
   32-8  days prior to the effective date of the proposed change.  The
   32-9  statement of intent shall include proposed revisions of tariffs and
  32-10  schedules and a statement specifying in detail each proposed
  32-11  change, the effect the proposed change is expected to have on the
  32-12  revenues of the company, the classes and numbers of utility
  32-13  consumers affected, and such other information as may be required
  32-14  by the regulatory authority's rules and regulations.  A copy of the
  32-15  statement of intent shall be mailed or delivered to the appropriate
  32-16  officer of each affected municipality, and notice shall be given by
  32-17  publication in conspicuous form and place of a notice to the public
  32-18  of such proposed change once in each week for four successive weeks
  32-19  prior to the effective date of the proposed change in a newspaper
  32-20  having general circulation in each county containing territory
  32-21  affected by the proposed change, and by mail to such other affected
  32-22  persons as may be required by the regulatory authority's rules and
  32-23  regulations.  The regulatory authority may waive the publication of
  32-24  notice requirement prescribed by this subsection in a proceeding
  32-25  that involves a rate reduction for all affected ratepayers only.
  32-26  The applicant shall give notice of the proposed rate change by mail
  32-27  to all affected utility customers.  The regulatory authority by
  32-28  rule shall also define other proceedings for which the publication
  32-29  of notice requirement prescribed by this subsection may be waived
  32-30  on a showing of good cause, provided that no waiver may be granted
  32-31  in any proceeding involving a rate increase to any class or
  32-32  category of ratepayer.
  32-33        SECTION 5.03.  Subsection (g), Section 43, Public Utility
  32-34  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  32-35  amended to read as follows:
  32-36        (g)(1)  A rate or tariff set by the commission shall not
  32-37  authorize a utility to automatically adjust and pass through to its
  32-38  customers changes in fuel or other costs of the utility.
  32-39              (2)(A)  Subdivision (1) of this subsection does not
  32-40  prohibit the commission from reviewing and providing for
  32-41  adjustments of a utility's fuel factor.  The commission by rule
  32-42  shall implement procedures that provide for the timely adjustment
  32-43  of a utility's fuel factor, with or without a hearing.  The
  32-44  procedures shall provide that the findings required by Subdivision
  32-45  (1) of Subsection (c) of Section 41 of this Act regarding fuel
  32-46  transactions with affiliated interests are made in a fuel
  32-47  reconciliation proceeding or in a rate case filed under Subsection
  32-48  (a) of this section or under Section 42 of this Act.  The
  32-49  procedures shall provide an affected party notice and the
  32-50  opportunity to request a hearing before the commission.  However,
  32-51  the commission may adjust a utility's fuel factor without a hearing
  32-52  if the commission determines that a hearing is not necessary.  If
  32-53  the commission holds a hearing, the <Any revision of a utility's
  32-54  billings to its customers to allow for the recovery of additional
  32-55  fuel costs may be made only upon a public hearing and order of the
  32-56  commission.>
  32-57                    <(B)  The> commission may consider any evidence
  32-58  that is appropriate and in the public interest at such hearing.
  32-59  The commission shall render a timely decision approving,
  32-60  disapproving, or modifying the adjustment to the utility's fuel
  32-61  factor.
  32-62                    (B)  The commission by rule shall provide for the
  32-63  reconciliation of a utility's fuel costs on a timely basis.
  32-64                    (C)  A proceeding under this subsection shall not
  32-65  be considered a rate case under Section 43 of this Act.
  32-66              (3)(A) <The commission may, after a hearing, grant
  32-67  interim relief for fuel cost increases that are the result of
  32-68  unusual and emergency circumstances or conditions.>
  32-69              <(4)(A)>  This subsection applies only to increases or
  32-70  decreases in the cost of purchased electricity which have been:
   33-1                          (i)  accepted by a federal regulatory
   33-2  authority; or
   33-3                          (ii)  approved after a hearing by the
   33-4  Public Utility Commission of Texas.
   33-5                    (B)  The Public Utility Commission of Texas may
   33-6  utilize any appropriate method to provide for the adjustment of the
   33-7  cost of purchased electricity upon such terms and conditions as the
   33-8  commission may determine.  Such purchased electricity costs may be
   33-9  recovered concurrently with the effective date of the changed costs
  33-10  to the purchasing utility or as soon thereafter as is reasonably
  33-11  practical.
  33-12        SECTION 5.04.  Subsection (h), Section 43, Public Utility
  33-13  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  33-14  amended to read as follows:
  33-15        (h)  The commission by rule may prescribe a schedule for
  33-16  electric utilities to appear before the commission in a general
  33-17  rate proceeding under this section.  The schedule shall cover at
  33-18  least a five-year period.  The commission shall review and by rule
  33-19  shall revise the schedule at least every five years.  The rules
  33-20  prescribing the schedule must:
  33-21              (1)  provide that the schedule applies only to
  33-22  investor-owned electric utilities and to the electric operations of
  33-23  river authorities;
  33-24              (2)  allow a utility to initiate a rate proceeding
  33-25  before its scheduled time if:
  33-26                    (A)  the utility is earning a return on equity,
  33-27  computed over the immediately preceding 12-month period, that is
  33-28  less than the utility's allowed return on equity as established by
  33-29  the commission in the utility's most recent general rate case; or
  33-30                    (B)  a new generating facility or other major
  33-31  construction project has been completed and has been placed in
  33-32  service;
  33-33              (3)  specifically authorize a utility to initiate a
  33-34  rate proceeding before its scheduled time by a showing of good
  33-35  cause;
  33-36              (4)  define the good cause conditions that will allow a
  33-37  utility to initiate a rate proceeding before its scheduled time;
  33-38  and
  33-39              (5)  define the conditions under which a utility may
  33-40  bypass a scheduled rate proceeding if a rate change is not needed
  33-41  <A  water or sewer utility exempted in Subsection (a) of this
  33-42  section may change its rates by filing a statement of change with
  33-43  the commission at least 30 days after providing notice of the
  33-44  change to its customers.  The changed rates may be put into effect
  33-45  on the filing of the statement of change.  At the request of
  33-46  one-tenth of the customers of the utility within 60 days after the
  33-47  day the rates are put into effect, the commission may hold a
  33-48  hearing, which may be an informal proceeding.  On a finding by the
  33-49  commission that the changed rates are not just and reasonable, the
  33-50  commission shall set the utility's rates according to its usual
  33-51  procedure.  The utility shall refund or credit against future bills
  33-52  all sums collected since the filing of the statement of change in
  33-53  excess of the rate finally set plus interest at the current rate as
  33-54  finally determined by the commission.  No filing for a rate change
  33-55  under this section may be made for a period of six months from the
  33-56  last such filing by the same utility>.
  33-57        SECTION 5.05.  Article VI, Public Utility Regulatory Act
  33-58  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  33-59  adding Section 37A to read as follows:
  33-60        Sec. 37A.  (a)  An electric cooperative corporation that
  33-61  provides retail electric utility service at distribution voltage is
  33-62  exempt from rate regulation if a majority of the members voting in
  33-63  an election on the deregulation of the electric cooperative vote to
  33-64  approve the exemption and the electric cooperative sends notice of
  33-65  the action to each applicable regulatory authority.  An electric
  33-66  cooperative that wants to hold an election under this section shall
  33-67  send a ballot by mail to each electric cooperative member.  The
  33-68  electric cooperative may include the ballot in a monthly billing.
  33-69  The ballot shall provide for voting for or against rate
  33-70  deregulation of the electric cooperative.  If the proposition is
   34-1  approved, the electric cooperative shall send each ballot to the
   34-2  commission not later than the 10th day after the date the electric
   34-3  cooperative counts the ballots.  Based on the ballots received, the
   34-4  commission shall administratively certify that the electric
   34-5  cooperative is or is not deregulated for rate-making purposes.  An
   34-6  electric cooperative may not hold another election on the issue of
   34-7  being exempt from rate regulation before the first anniversary of
   34-8  the most recent election on the issue.  Subsections (b) through (n)
   34-9  of this section apply to an electric cooperative that has elected
  34-10  to be exempt from rate regulation.
  34-11        (b)  No regulatory authority shall fix and regulate the rates
  34-12  of an electric cooperative that has made an election under this
  34-13  section to be exempt from rate regulation except as provided for
  34-14  the commission in Subsections (g) and (i) of this section.
  34-15  Notwithstanding Subsection (a) of Section 17 of this Act, the
  34-16  commission has exclusive original jurisdiction in all of the
  34-17  electric cooperative's service area in a proceeding initiated under
  34-18  Subsection (g) or (i) of this section.
  34-19        (c)  An electric cooperative may change its rates by:
  34-20              (1)  adopting a resolution approving the proposed
  34-21  change;
  34-22              (2)  mailing notice of the proposed change to:
  34-23                    (A)  the commission;
  34-24                    (B)  each affected municipality;
  34-25                    (C)  each affected customer, which notice may be
  34-26  included in a monthly billing; and
  34-27                    (D)  each electric utility providing retail
  34-28  service in the electric cooperative's service area or in the
  34-29  adjoining service area; and
  34-30              (3)  making available at each of the electric
  34-31  cooperative's business offices for review by all interested persons
  34-32  a cost-of-service study that:
  34-33                    (A)  is not more than five years old at the time
  34-34  the electric cooperative adopts rates under this subsection; and
  34-35                    (B)  bears the certification of a professional
  34-36  engineer or certified public accountant.
  34-37        (d)(1)  The notice required by Subsection (c) of this section
  34-38  must contain the following information:
  34-39                    (A)  the increase or decrease in total operating
  34-40  revenues over actual test year revenues or over test year revenues
  34-41  adjusted to annualize the recovery of changes in the cost of
  34-42  purchased electricity, stated both as a dollar amount and as a
  34-43  percentage;
  34-44                    (B)  the classes of utility customers affected
  34-45  and the creation and application of any new rate classes;
  34-46                    (C)  the increase or decrease for each class
  34-47  stated as a percentage of actual test year revenues for the class
  34-48  or of test year revenues for the class adjusted to annualize the
  34-49  recovery of changes in the cost of purchased electricity;
  34-50                    (D)  a statement that the commission may review
  34-51  the rate change if the commission receives a petition in accordance
  34-52  with Subsection (g) of this section;
  34-53                    (E)  the address and telephone number of the
  34-54  commission;
  34-55                    (F)  a statement that a customer opposed to the
  34-56  rate change should notify the electric cooperative in writing of
  34-57  the person's opposition and should provide a return address; and
  34-58                    (G)  a statement that members may review a copy
  34-59  of any written opposition the electric cooperative receives.
  34-60              (2)  The electric cooperative may not be required to
  34-61  include additional information in the notice.
  34-62        (e)  The electric cooperative shall make available for review
  34-63  by a member of the cooperative at each of the electric
  34-64  cooperative's business offices a copy of any written opposition to
  34-65  the rate change the electric cooperative receives.
  34-66        (f)  The electric cooperative shall file tariffs with the
  34-67  commission.  If the electric cooperative complies with Subsection
  34-68  (c) of this section, the commission shall approve the tariffs not
  34-69  later than the 10th day after the 60-day period prescribed by
  34-70  Subsection (g) of this section expires, unless a review is required
   35-1  under Subsection (g) or (i) of this section.  If the tariffs are
   35-2  approved or if a review is not required and the commission fails to
   35-3  act during the period prescribed by this subsection, the change in
   35-4  rates takes effect on the 70th day after the date on which the
   35-5  electric cooperative first complies with all requirements of
   35-6  Subsection (c) of this section or on a later date determined by the
   35-7  electric cooperative.  Except as provided by Subsections (g) and
   35-8  (i) of this section, the rates of the electric cooperative are not
   35-9  subject to review.
  35-10        (g)  The commission shall review a change in rates under this
  35-11  section if, not later than the 60th day after the date the electric
  35-12  cooperative first complies with all requirements of Subsection (c)
  35-13  of this section, the commission receives a petition requesting
  35-14  review signed by:
  35-15              (1)  at least 10 percent of the members of the electric
  35-16  cooperative;
  35-17              (2)  members of the electric cooperative who purchased
  35-18  more than 50 percent of the electric cooperative's annual energy
  35-19  sales to a customer class in the test year, provided that the
  35-20  petition includes a certification of the purchases; or
  35-21              (3)  an executive officer of an affected electric
  35-22  utility, provided that the petition prescribes the particular class
  35-23  or classes for which a review is requested.
  35-24        (h)  When a person files a petition under Subsection (g) of
  35-25  this section, the person shall notify the electric cooperative in
  35-26  writing of the action.
  35-27        (i)  The commission may on its own motion review the rates of
  35-28  an electric cooperative if the commission first finds that there is
  35-29  good cause to believe that the electric cooperative is earning more
  35-30  than a reasonable return.
  35-31        (j)  The commission shall conduct a review under Subdivision
  35-32  (1) or (2) of Subsection (g) of this section or under Subsection
  35-33  (i) of this section in accordance with Section 43 of this Act and
  35-34  the other applicable rate-setting principles of Article VI of this
  35-35  Act, except that:
  35-36              (1)  the period for review does not begin until the
  35-37  electric cooperative files a rate-filing package as required by
  35-38  commission rules;
  35-39              (2)  the proposed change may not be suspended during
  35-40  the pendency of the review; however, the electric cooperative shall
  35-41  refund or credit against future bills all sums collected in excess
  35-42  of the rate finally set by the commission, if the commission so
  35-43  orders; and
  35-44              (3)  the electric cooperative shall observe the rates
  35-45  set by the commission until the rates are changed as provided by
  35-46  this section or by other sections of this Act.
  35-47        (k)  For a review conducted under Subdivision (3) of
  35-48  Subsection (g) of this section, the electric cooperative shall file
  35-49  with the commission a copy of the cost-of-service study required
  35-50  under Subsection (c)(3) of this section not later than the 10th day
  35-51  after the date the electric cooperative receives from the affected
  35-52  electric utility notice that a petition has been filed.  The
  35-53  commission shall determine for each class for which review has been
  35-54  requested the annual cost of providing service to the class, as
  35-55  stated in the electric cooperative's cost-of-service study, and the
  35-56  revenues for the class that would be produced by multiplying the
  35-57  rate set by the electric cooperative by the annual billing units
  35-58  for the class, as stated in the cost-of-service study.  If the
  35-59  electric cooperative proposes a rate class solely for a new
  35-60  customer, the electric cooperative shall estimate the reasonable
  35-61  annual cost of providing service to the class, and the electric
  35-62  cooperative shall base class revenues on reasonable estimates of
  35-63  billing units.
  35-64        (l)  The rate for each class for which review has been
  35-65  requested under Subdivision (3) of Subsection (g) of this section
  35-66  is suspended during the pendency of the review.  The commission
  35-67  shall dismiss the petition and approve the rates if the revenues
  35-68  for the class are equal to or greater than the cost of providing
  35-69  service to the class.  The commission shall disapprove the rate if
  35-70  the revenues for the class are less than the cost of providing
   36-1  service to the class; however, this action does not affect
   36-2  reconsideration of the rate as a part of any subsequent rate-making
   36-3  proceeding.  The rate adopted by the electric cooperative is deemed
   36-4  approved and may be placed into effect if the commission fails to
   36-5  make its final determination administratively not later than the
   36-6  45th day after the date the electric cooperative files its
   36-7  cost-of-service study.
   36-8        (m)  Except as provided by Subsection (a) of this section,
   36-9  the members of an electric cooperative may at any time revoke the
  36-10  electric cooperative's election to be exempt from rate regulation
  36-11  or elect to again be exempt from rate regulation by majority vote
  36-12  of the members voting.
  36-13        (n)  This section does not affect the application of other
  36-14  provisions of this Act not directly related to rates or to the
  36-15  authority of the commission to require an electric cooperative to
  36-16  file reports required under this Act or rules adopted by the
  36-17  commission.  A service fee or a service rule or regulation set by
  36-18  the electric cooperative under this section must comply with
  36-19  commission rules applicable to all electric utilities.  The
  36-20  commission may determine whether an electric cooperative has
  36-21  unlawfully charged, collected, or received a rate for electric
  36-22  utility service.
  36-23        SECTION 5.06.  Article III, Public Utility Regulatory Act
  36-24  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  36-25  adding Section 19A to read as follows:
  36-26        Sec. 19A.  (a)  The commission shall adopt rules to encourage
  36-27  economical production of electric capacity and energy for sale at
  36-28  wholesale with the goal of benefiting ratepayers with competition
  36-29  and diversity in electric power generation.
  36-30        (b)  Except as otherwise provided by this section, the
  36-31  commission may adopt rules that provide for the exemption of exempt
  36-32  wholesale generators from any provision of this Act and from other
  36-33  rules adopted by the commission if the commission determines that
  36-34  the exemption is in the public interest.
  36-35        (c)  The commission may not provide for an exemption from the
  36-36  provisions of:
  36-37              (1)  Section 28 of this Act relating to requiring
  36-38  reports from the exempt wholesale generator;
  36-39              (2)  Subsections (a) and (b) of Section 29 of this Act
  36-40  relating to access to books and records of the exempt wholesale
  36-41  generator;
  36-42              (3)  Subsection (c) of Section 29 of this Act to the
  36-43  extent necessary to ensure the reliability and financial integrity
  36-44  of the exempt wholesale generator;
  36-45              (4)  Section 35 of this Act relating to safety
  36-46  regulations; or
  36-47              (5)  Subdivision (1) of Subsection (c) of Section 41
  36-48  relating to affiliate interests, if an affiliate of the exempt
  36-49  wholesale generator is an electric utility whose cost of service is
  36-50  regulated by the commission.
  36-51        (d)  The commission by rule shall require commission approval
  36-52  of contracts between electric utilities and exempt wholesale
  36-53  generators.  Approval of a contract by the commission does not
  36-54  affect the purchasing utility's burden of proving in a rate case or
  36-55  a fuel reconciliation proceeding that the costs incurred in
  36-56  relation to the contract were reasonable.
  36-57        (e)  The commission may not approve a contract under
  36-58  Subsection (d) unless the commission determines that the contract
  36-59  and the parties to the contract meet the standards the commission
  36-60  determines to be in the public interest, including standards
  36-61  requiring that:
  36-62              (1)  the financial integrity of the exempt wholesale
  36-63  generator or the use by the generator of a capital structure that
  36-64  employs proportionally greater amounts of debt than the capital
  36-65  structure of the utility, or both, does not threaten the
  36-66  generator's reliability;
  36-67              (2)  there are reasonable assurances of an adequate
  36-68  fuel supply;
  36-69              (3)  the original prices, terms, and conditions of the
  36-70  contract at the time the contract was entered were reasonable and
   37-1  that it was reasonable for the parties to contract; and
   37-2              (4)  the exempt wholesale generator meets technical and
   37-3  operating standards necessary for safe and reliable service.
   37-4        (f)  A finding that the original prices, terms, and
   37-5  conditions of the contract at the time the contract was entered
   37-6  were reasonable and that it was reasonable for the parties to
   37-7  contract does not preclude the commission from reviewing the
   37-8  utility's subsequent actions relating to the contract.
   37-9        (g)  In determining whether a contract is in the public
  37-10  interest, the commission shall evaluate the potential for increases
  37-11  or decreases in the cost of capital for electric utilities and any
  37-12  resulting increases or decreases in retail rates that may result
  37-13  from purchases of long-term wholesale power supplies instead of the
  37-14  construction of new generation facilities by the utility.
  37-15        (h)  A facility is not considered an eligible facility if
  37-16  ratepayers pay or have paid a rate or charge for or in connection
  37-17  with the construction of the facility or for electric energy
  37-18  produced by the facility, other than a portion of a rate or charge
  37-19  that represents recovery of the cost of a wholesale rate or charge.
  37-20        (i)  An electric utility whose cost of service is regulated
  37-21  by the commission may not contract to purchase electric energy or
  37-22  capacity from an exempt wholesale generator that is an affiliate of
  37-23  the utility.  However, the utility may purchase energy or capacity
  37-24  from an affiliated exempt wholesale generator during a system
  37-25  emergency.
  37-26        (j)  The commission may not authorize an exempt wholesale
  37-27  generator to make a sale for a purpose other than resale.
  37-28        (k)  The commission is entitled to have access to the
  37-29  financial, technical, and operational records and books of an
  37-30  exempt wholesale generator to the extent necessary to enforce this
  37-31  section or rules adopted under this section.
  37-32        (l)  A decision of an electric utility to purchase power from
  37-33  an exempt wholesale generator is subject to any capacity planning
  37-34  and resource need review process, including required solicitations
  37-35  for resources, that the commission may adopt.
  37-36        (m)  This section does not exempt an entity that generates
  37-37  power in this state from an applicable environmental or siting
  37-38  regulation.
  37-39        (n)  In this section:
  37-40              (1)  "Eligible facility" has the meaning assigned by
  37-41  the Public Utility Holding Company Act of 1935 (15 U.S.C. Section
  37-42  79z-5a(a)).
  37-43              (2)  "Exempt wholesale generator" has the meaning
  37-44  assigned by the Public Utility Holding Company Act of 1935 (15
  37-45  U.S.C. Section 79z-5a(a)).
  37-46                               ARTICLE 6
  37-47        SECTION 6.01.  Subsections (a), (b), and (e), Section 17,
  37-48  Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  37-49  Statutes), are amended to read as follows:
  37-50        (a)  Subject to the limitations imposed in this Act, and for
  37-51  the purpose of regulating rates and services so that such rates may
  37-52  be fair, just, and reasonable, and the services adequate and
  37-53  efficient, the governing body of each municipality shall have
  37-54  exclusive original jurisdiction over all electric<, water, and
  37-55  sewer> utility rates, operations, and services provided by an
  37-56  electric<, water, and sewer> utility within its city or town
  37-57  limits.
  37-58        (b)  A <At any time after two years have passed from the date
  37-59  this Act becomes effective, a> municipality may elect to have the
  37-60  commission exercise exclusive original jurisdiction over electric<,
  37-61  water, or sewer> utility rates, operations, and services within the
  37-62  incorporated limits of the municipality.  The governing body of a
  37-63  municipality may by ordinance elect to surrender its original
  37-64  jurisdiction to the commission, or the governing body may submit
  37-65  the question of the surrender to the qualified voters at a
  37-66  municipal election.  Upon receipt of a petition signed by the
  37-67  lesser of 20,000 or ten percent of the number of qualified voters
  37-68  voting in the last preceding general election in that municipality,
  37-69  the governing body shall submit the question of the surrender of
  37-70  the municipality's original jurisdiction to the commission at a
   38-1  municipal election.
   38-2        (e)  The commission shall have exclusive original
   38-3  jurisdiction over electric<, water, and sewer> utility rates,
   38-4  operations, and services not within the incorporated limits of a
   38-5  municipality exercising exclusive original jurisdiction over those
   38-6  rates, operations, and services as provided in this Act.
   38-7        SECTION 6.02.  Subsections (p), (q), and (r), Section 18,
   38-8  Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
   38-9  Statutes), are amended to read as follows:
  38-10        (p)  <Before January 15 of each odd-numbered year, the
  38-11  commission shall report to the legislature on the scope of
  38-12  competition in regulated telecommunications markets and the impact
  38-13  of competition on customers in both competitive and noncompetitive
  38-14  markets, with a specific focus on rural markets.  The report shall
  38-15  include an assessment of the impact of competition on the rates and
  38-16  availability of telecommunications services for residential and
  38-17  business customers and shall specifically address any effects on
  38-18  universal service.  The report shall provide a summary of
  38-19  commission actions over the preceding two years that reflect
  38-20  changes in the scope of competition in regulated telecommunications
  38-21  markets.  The report shall also include recommendations to the
  38-22  legislature for further legislation that the commission finds
  38-23  appropriate to promote the public interest in the context of a
  38-24  partially competitive telecommunications market.>
  38-25        <(q)>  The commission may exempt from any requirement of this
  38-26  section an interexchange telecommunications carrier that the
  38-27  commission determines does not have a significant effect on the
  38-28  public interest, and it may exempt any interexchange carrier which
  38-29  solely relies on the facilities of others to complete long distance
  38-30  calls if the commission deems this action to be in the public
  38-31  interest.
  38-32        (q) <(r)>  Requirements imposed by Subsections (c), (d), (k),
  38-33  (l), (m), (n), (o), and (p)<, and (q)> of this section on an
  38-34  interexchange telecommunications carrier shall apply to nondominant
  38-35  carriers and shall constitute the minimum requirements to be
  38-36  imposed by the commission for any dominant carrier.
  38-37        SECTION 6.03.  Subsection (c), Section 26, Public Utility
  38-38  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), as
  38-39  amended by Chapters 325 and 1167, Acts of the 71st Legislature,
  38-40  Regular Session, 1989, is amended to reconcile those amendments to
  38-41  read as follows:
  38-42        (c)(1)  Ratepayers of a municipally owned electric utility
  38-43  outside the municipal limits may appeal any action of the governing
  38-44  body affecting the rates of the municipally owned electric utility
  38-45  through filing with the commission a petition for review signed by
  38-46  the lesser of 10,000 or 5 percent of the ratepayers served by such
  38-47  utility outside the municipal limits.  For purposes of this
  38-48  subsection each person receiving a separate bill shall be
  38-49  considered as a ratepayer.  But no person shall be considered as
  38-50  being more than one ratepayer notwithstanding the number of bills
  38-51  received.  Such petition for review shall be considered properly
  38-52  signed if signed by any person, or spouse of any such person, in
  38-53  whose name residential utility service is carried.
  38-54              (2)  The municipality that owns the electric utility
  38-55  shall on request disclose to any person the number of ratepayers
  38-56  who reside outside the municipal limits.  The municipality shall
  38-57  provide the information by telephone or in a written form, as
  38-58  preferred by the person making the request.  The municipality may
  38-59  not charge a fee for providing the information.  The municipality
  38-60  shall on request provide to any person a list of the names and
  38-61  addresses of the ratepayers who reside outside the municipal
  38-62  limits.  The municipality may charge a reasonable fee to cover the
  38-63  cost of providing the list.
  38-64              (3) <(2)>  Not later than the 14th day after the date
  38-65  on which the governing body makes a final decision, the
  38-66  municipality shall issue a written report stating the effect of the
  38-67  decision on each class of ratepayers.  The appeal process shall be
  38-68  instituted by filing a petition for review with the commission and
  38-69  serving copies on all parties to the original rate proceeding.  The
  38-70  petition must be filed not later than the 45th day after the date
   39-1  on which the municipality issues the written report prescribed by
   39-2  this subsection.
   39-3              (4)  Not later than the 90th day after the date on
   39-4  which a petition for review that meets the requirements of this
   39-5  subsection is filed, the municipality shall file with the
   39-6  commission a rate application that complies in all material
   39-7  respects with the rules and forms prescribed by the commission.
   39-8  The commission may, for good cause shown, extend the <time> period
   39-9  for filing the rate application.
  39-10        SECTION 6.04.  Section 41B, Public Utility Regulatory Act
  39-11  (Article 1446c, Vernon's Texas Civil Statutes), as added by Chapter
  39-12  1182, Acts of the 71st Legislature, Regular Session, 1989, is
  39-13  amended to read as follows:
  39-14        Sec. 41C <41B>.  The commission shall not have the authority
  39-15  to interfere with employee wages and benefits, working conditions,
  39-16  or other terms or conditions of employment that are the product of
  39-17  a collective bargaining agreement recognized under federal law.
  39-18  Employee wage rates and benefit levels that are the product of such
  39-19  bargaining shall be presumed reasonable.
  39-20        SECTION 6.05.  Subsection (c), Section 43, Public Utility
  39-21  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
  39-22  amended to read as follows:
  39-23        (c)  Whenever there is filed with the Regulatory Authority
  39-24  any schedule modifying or resulting in a change in any rates then
  39-25  in force, the Regulatory Authority shall on complaint by any
  39-26  affected person or may on its own motion, at any time within 30
  39-27  days from the date when such change would or has become effective,
  39-28  and, if it so orders, without answer or other formal pleading by
  39-29  the utility, but on reasonable notice, including notice to the
  39-30  governing bodies of all affected municipalities and counties, enter
  39-31  on a hearing to determine the propriety of such change.  The
  39-32  Regulatory Authority shall hold such a hearing in every case in
  39-33  which the change constitutes a major change in rates, provided that
  39-34  an informal proceeding may satisfy this requirement if no complaint
  39-35  has been received before the expiration of 45 days after notice of
  39-36  the change shall have been filed.  In each case where the
  39-37  commission determines it is in the public interest to collect
  39-38  testimony at a regional hearing for the inclusion in the record,
  39-39  the commission shall hold a regional hearing at an appropriate
  39-40  location.  A regional hearing is not required in a case involving a
  39-41  <water, sewer, or> member-owned utility, unless the commission
  39-42  determines otherwise.
  39-43        SECTION 6.06.  Section 49, Public Utility Regulatory Act
  39-44  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  39-45  as follows:
  39-46        Sec. 49.  For the purposes of this article only,
  39-47  "retail<:  (a) "Retail> public utility" means any person,
  39-48  corporation, <water supply or sewer service corporation,>
  39-49  municipality, political subdivision or agency, or cooperative
  39-50  corporation, now or hereafter operating, maintaining, or
  39-51  controlling in Texas facilities for providing retail utility
  39-52  service.
  39-53        <(b)  For the purposes of this article only, "public utility"
  39-54  includes a water supply or sewer service corporation.>
  39-55        SECTION 6.07.  Subsections (a) and (b), Section 72, Public
  39-56  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
  39-57  Statutes), are amended to read as follows:
  39-58        (a)  Any public utility<, water supply or sewer service
  39-59  corporation,> or affiliated interest that knowingly violates a
  39-60  provision of this Act, fails to perform a duty imposed on it, or
  39-61  fails, neglects, or refuses to obey an order, rule, regulation,
  39-62  direction, or requirement of the commission or decree or judgment
  39-63  of a court, shall be subject to a civil penalty of not less than
  39-64  $1,000 nor more than $5,000 for each offense.
  39-65        (b)  A public utility<, water supply or sewer service
  39-66  corporation,> or affiliated interest commits a separate offense
  39-67  each day it continues to violate the provisions of Subsection (a)
  39-68  of this section.
  39-69        SECTION 6.08.  Subsection (a), Section 74, Public Utility
  39-70  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
   40-1  amended to read as follows:
   40-2        (a)  Except as provided by Section 117 <87B> of this Act, any
   40-3  person or persons who willfully and knowingly violate the
   40-4  provisions of this Act shall be guilty of a third degree felony.
   40-5        SECTION 6.09.  The following sections of the Public Utility
   40-6  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes) are
   40-7  repealed:
   40-8              (1)  Section 71B;
   40-9              (2)  Section 87A; and
  40-10              (3)  Section 90.
  40-11                               ARTICLE 7
  40-12        SECTION 7.01.  Article XIII, Public Utility Regulatory Act
  40-13  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  40-14  adding Sections 91A and 91B to read as follows:
  40-15        Sec. 91A.  (a)  The commission shall collect information
  40-16  relating to current cellular telephone services and rates.  The
  40-17  commission by rule shall specify the information to be collected.
  40-18        (b)  A provider of cellular telephone services shall provide
  40-19  to the commission, in the form and at the time required by the
  40-20  commission, the information specified in the commission's rules.
  40-21        (c)  The commission may receive, monitor, and attempt to
  40-22  resolve complaints relating to cellular telephone service or rates.
  40-23        (d)  This section does not give the commission the authority
  40-24  to regulate in any way cellular services or rates.
  40-25        (e)  This section expires August 31, 1995.
  40-26        Sec. 91B.  (a)  The lieutenant governor and speaker of the
  40-27  house of representatives shall appoint a joint interim committee to
  40-28  study state telecommunications regulatory policy and utility tax
  40-29  policy.
  40-30        (b)  Members of the committee serve without compensation.  If
  40-31  a member of the legislature is appointed, the legislative member is
  40-32  entitled to reimbursement for expenses from the member's house to
  40-33  the same extent as for other legislative duties.  Other members are
  40-34  entitled to reimbursement for expenses from funds appropriated to
  40-35  the commission to the same extent as state employees would be
  40-36  reimbursed under the General Appropriations Act.  Expenses of
  40-37  cooperating and support agencies and offices, including the cost of
  40-38  staff provided under Subsection (f) or (g) of this section, shall
  40-39  be borne by those agencies.
  40-40        (c)  The joint committee shall study:
  40-41              (1)  state telecommunications regulatory policy with
  40-42  specific attention to matters prescribed by the lieutenant governor
  40-43  and speaker of the house of representatives; and
  40-44              (2)  tax issues, including investment tax credits,
  40-45  accelerated depreciation, consolidated returns, affiliates, and
  40-46  disallowances, for all utilities, including gas and electric
  40-47  utilities.
  40-48        (d)  In addition to the duties prescribed by Subsection (c)
  40-49  of this section, the committee shall supervise the commission in
  40-50  the collection of information on current cellular telephone
  40-51  services and rates as prescribed by Section 91A of this Act.
  40-52        (e)  The joint committee shall develop a report that analyzes
  40-53  the state's telecommunications regulatory policy, utility tax
  40-54  policies, and the cellular telephone information collected by the
  40-55  commission and that includes specific policy options and
  40-56  recommended rule or statutory changes to implement the policy
  40-57  options.  The joint committee may make preliminary reports but
  40-58  shall make a final report not later than November 1, 1994.
  40-59        (f)  On request of the committee, the commission, the office,
  40-60  the Texas Legislative Council, the governor's office, the senate,
  40-61  and the house of representatives shall provide staff as necessary
  40-62  to carry out the duties of the joint committee.
  40-63        (g)  If necessary to the discharge of its duties, the joint
  40-64  committee may request the assistance of a state agency, department,
  40-65  or office.  The agency, department, or office shall provide the
  40-66  requested assistance.
  40-67        (h)  The committee is abolished on the date it issues its
  40-68  final report under Subsection (e) of this section.
  40-69        (i)  This section expires August 31, 1995.
  40-70        SECTION 7.02.  (a)  Effective September 1, 1995, Subsection
   41-1  (c), Section 3, Public Utility Regulatory Act (Article 1446c,
   41-2  Vernon's Texas Civil Statutes), is amended to read as follows:
   41-3        (c)  The term "public utility" or "utility," when used in
   41-4  this Act, includes any person, corporation, river authority,
   41-5  cooperative corporation, or any combination thereof, other than a
   41-6  municipal corporation <or a water supply or sewer service
   41-7  corporation>, or their lessees, trustees, and receivers, now or
   41-8  hereafter owning or operating for compensation in this state
   41-9  equipment or facilities for:
  41-10              (1)  producing, generating, transmitting, distributing,
  41-11  selling, or furnishing electricity ("electric utilities"
  41-12  hereinafter) provided, however, that this definition shall not be
  41-13  construed to apply to or include a qualifying small power producer
  41-14  or qualifying cogenerator, as defined in Sections 3(17)(D) and
  41-15  3(18)(C) of the Federal Power Act, as amended (16 U.S.C. Sections
  41-16  796(17)(D) and 796(18)(C));
  41-17              (2)<(A)  the conveyance, transmission, or reception of
  41-18  communications over a telephone system as a dominant carrier as
  41-19  hereinafter defined ("telecommunications utilities" hereinafter);
  41-20  provided that no person or corporation not otherwise a public
  41-21  utility within the meaning of this Act shall be deemed such solely
  41-22  because of the furnishing or furnishing and maintenance of a
  41-23  private system or the manufacture, distribution, installation, or
  41-24  maintenance of customer premise communications equipment and
  41-25  accessories; and provided further that nothing in this Act shall be
  41-26  construed to apply to telegraph services, television stations,
  41-27  radio stations, community antenna television services, or
  41-28  radio-telephone services that may be authorized under the Public
  41-29  Mobile Radio Services rules of the Federal Communications
  41-30  Commission, other than such radio-telephone services provided by
  41-31  wire-line telephone companies under the Domestic Public Land Mobile
  41-32  Radio Service and Rural Radio Service rules of the Federal
  41-33  Communications Commission; and provided further that interexchange
  41-34  telecommunications carriers (including resellers of interexchange
  41-35  telecommunications services), specialized communications common
  41-36  carriers, other resellers of communications, other communications
  41-37  carriers who convey, transmit, or receive communications in whole
  41-38  or in part over a telephone system, and providers of operator
  41-39  services as defined in Section 18A(a) of this Act (except that
  41-40  subscribers to customer-owned pay telephone service shall not be
  41-41  deemed to be telecommunications utilities) who are not dominant
  41-42  carriers are also telecommunications utilities, but the
  41-43  commission's regulatory authority as to them is only as hereinafter
  41-44  defined;>
  41-45                    <(B)  "dominant carrier" when used in this Act
  41-46  means (i) a provider of any particular communication service which
  41-47  is provided in whole or in part over a telephone system who as to
  41-48  such service has sufficient market power in a telecommunications
  41-49  market as determined by the commission to enable such provider to
  41-50  control prices in a manner adverse to the public interest for such
  41-51  service in such market; and (ii) any provider of local exchange
  41-52  telephone service within a certificated exchange area as to such
  41-53  service.  A telecommunications market shall be statewide until
  41-54  January 1, 1985.  After this date the commission may, if it
  41-55  determines that the public interest will be served, establish
  41-56  separate markets within the state.  Prior to January 1, 1985, the
  41-57  commission shall hold such hearings and require such evidence as is
  41-58  necessary to carry out the public purpose of this Act and to
  41-59  determine the need and effect of establishing separate markets.
  41-60  Any such provider determined to be a dominant carrier as to a
  41-61  particular telecommunications service in a market shall not be
  41-62  presumed to be a dominant carrier of a different telecommunications
  41-63  service in that market.>
  41-64              <(3)>  The term "public utility" or "utility" shall not
  41-65  include any person or corporation not otherwise a public utility
  41-66  that furnishes the services or commodity described in any paragraph
  41-67  of this subsection only to itself, its employees, or tenants as an
  41-68  incident of such employee service or tenancy, when such service or
  41-69  commodity is not resold to or used by others.  The term "electric
  41-70  utility" shall not include any person or corporation not otherwise
   42-1  a public utility that owns or operates in this state equipment or
   42-2  facilities for producing, generating, transmitting, distributing,
   42-3  selling, or furnishing electric energy to an electric utility, if
   42-4  the equipment or facilities are used primarily for the production
   42-5  and generation of electric energy for consumption by the person or
   42-6  corporation.  The term "public utility," "utility," or "electric
   42-7  utility" shall not include any person or corporation not otherwise
   42-8  a public utility that owns or operates in this state a recreational
   42-9  vehicle park that provides metered electric service in accordance
  42-10  with Article 1446d-2, Revised Statutes.  A recreational vehicle
  42-11  park owner is considered a public utility if the owner fails to
  42-12  comply with  Article 1446d-2, Revised Statutes, with regard to the
  42-13  metered sale of electricity at the recreational vehicle park.
  42-14        (b)  The following provisions of the Public Utility
  42-15  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes) are
  42-16  repealed effective September 1, 1995:
  42-17              (1)  Section 18;
  42-18              (2)  Subsection (i), Section 43;
  42-19              (3)  Section 43A;
  42-20              (4)  Section 43B;
  42-21              (5)  Section 43C;
  42-22              (6)  Section 61;
  42-23              (7)  Section 93;
  42-24              (8)  Section 93B;
  42-25              (9)  Article XIV; and
  42-26              (10)  Article XV.
  42-27        SECTION 7.03.  The method of calculating income taxes and the
  42-28  treatment of federal income tax expenses and savings for ratemaking
  42-29  purposes for public utilities shall be the same as the method
  42-30  adopted by the Public Utility Commission of Texas in commission
  42-31  rate orders signed and dated between September 1, 1988, and
  42-32  September 1, 1992.
  42-33        SECTION 7.04.  Section 7.03 of this Act governs all
  42-34  proceedings, orders, judgments, and decrees in rate applications
  42-35  pending or subject to or on appeal as of the date of enactment of
  42-36  this Act, before any regulatory authority or court, and to all rate
  42-37  applications filed until the Legislature of the State of Texas
  42-38  takes action on the study required by Section 91B, Public Utility
  42-39  Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), as
  42-40  added by Section 7.01 of this Act.
  42-41        SECTION 7.05.  Article XIII, Public Utility Regulatory Act
  42-42  (Article 1446c, Vernon's Texas Civil Statutes), is amended by
  42-43  adding Section 93A to read as follows:
  42-44        Sec. 93A.  (a)  The commission shall require each local
  42-45  exchange company to establish local toll free service areas that
  42-46  conform to this section.
  42-47        (b)  In any central office area where there has been
  42-48  compliance with the petitioning and voting provisions of this
  42-49  section, each telephone subscriber shall be entitled to place toll
  42-50  free calls to any other subscriber if both subscribers are within a
  42-51  required local calling area.
  42-52        (c)  In any central office area where there has been
  42-53  compliance with the petitioning and voting provisions of this
  42-54  section, each telephone subscriber shall be entitled to place toll
  42-55  free calls to any other subscriber within any area that the
  42-56  commission determines to be within one community of interest.
  42-57        (d)  For the purposes of this section:
  42-58              (1)  "Central office area" means the territory included
  42-59  within the boundaries of an area served by one or more central
  42-60  offices.
  42-61              (2)  "Central office" means the physical site of
  42-62  switching equipment for any central office area.
  42-63              (3)  "Community of interest" includes areas that have a
  42-64  relationship because of schools, hospitals, local governments,
  42-65  business centers, and other relationships the unavailability of
  42-66  which would cause a hardship to the residents of the area, but need
  42-67  not include an area where the affected central offices are more
  42-68  than 50 miles apart.
  42-69              (4)  "Required local calling area" includes a central
  42-70  office area where any part of the central office area is located
   43-1  not more than 32 miles from another central office area's central
   43-2  office.
   43-3        (e)  If the commission receives petitions by the lesser of
   43-4  100 or more subscribers within a central office area or 10 percent
   43-5  of the subscribers within a central office area, the commission
   43-6  shall order the local exchange company to provide for an election
   43-7  of the subscribers within that central office area within 90 days
   43-8  in order to determine whether to hold a hearing on the issue of
   43-9  expanding the local toll free calling area.  The election shall be
  43-10  held according to rules adopted by the commission and may be held
  43-11  by ballots delivered with the local subscriber's monthly telephone
  43-12  bill.  If there is an affirmative vote by at least 70 percent of
  43-13  the subscribers responding, then the commission shall, after
  43-14  appropriate notice to all subscribers in the central office area
  43-15  and to the Office of Public Utility Counsel and a hearing on the
  43-16  merits, determine whether a required local calling area or a
  43-17  community of interest exists.  An administrative determination
  43-18  under this subsection must be completed within 90 days after the
  43-19  election results are tabulated.
  43-20        (f)  Each local exchange company shall submit its plan to
  43-21  establish toll free calling areas under this section not later than
  43-22  the 90th day after the commission determines that a required local
  43-23  calling area or a community of interest exists and the commission
  43-24  must approve or amend the plan within 60 days after receiving it.
  43-25  Any affected person may complain of any plan submitted as provided
  43-26  in Section 43A of this Act.  The local exchange company must
  43-27  implement the plan not later than the 90th day after commission
  43-28  approval.
  43-29        (g)  The commission and a local exchange company are not
  43-30  required to comply with this section with regard to a specific
  43-31  proposed area if:
  43-32              (1)  the commission determines that there has been a
  43-33  good and sufficient showing of a geographic or technological
  43-34  infeasibility to serve the area;
  43-35              (2)  the local exchange company has less than 10,000
  43-36  lines and can prove exceptional circumstances that would cause
  43-37  undue hardship as a result of its size; or
  43-38              (3)  the area is in an existing extended metropolitan
  43-39  service area.
  43-40        (h)  To compensate a local exchange company for any lost
  43-41  revenues caused by compliance with this section, the commission may
  43-42  allow the local exchange company to establish a fixed monthly per
  43-43  line fee to be paid by all subscribers within the petitioning
  43-44  central office area that obtain a new toll free calling area
  43-45  pursuant to this section.  This fee may not exceed $3.50 a line for
  43-46  residential subscribers and $7 a line for business subscribers and
  43-47  may be collected only until the local exchange company's next
  43-48  general rate case, at which time the costs and revenues associated
  43-49  with providing the service shall be considered as if the boundaries
  43-50  of the territories had not changed.  A fee established under this
  43-51  section must be approved by the commission after adequate notice
  43-52  and hearing on the merits and may not exceed an amount determined
  43-53  by the commission to compensate the local exchange company for the
  43-54  actual loss of revenue due to the implementation of this section.
  43-55  If the fee established fails to compensate the local exchange
  43-56  company and the local exchange company is able to demonstrate a
  43-57  hardship, as defined by the commission, the local exchange company
  43-58  is entitled to recover sufficient lost revenues to eliminate the
  43-59  hardship from the universal service fund established by this Act.
  43-60  A hearing under this subsection may be combined with the hearing
  43-61  required in Subsection (e) of this section.  The commission may, in
  43-62  order to promote the wide dispersion of pay telephones, either
  43-63  exempt such telephones from the provisions of this section or
  43-64  change the rates to be charged from such telephones in an amount
  43-65  sufficient to promote this goal.
  43-66        (i)  The governing body of any municipality shall have the
  43-67  right to participate in any proceeding before the commission or any
  43-68  court under this section and shall be reimbursed by the public
  43-69  utility as provided in Subsection (a) of Section 24 of this Act
  43-70  without subscribers being surcharged.  The local exchange carrier
   44-1  shall recover such reasonable expenses in its next rate proceeding.
   44-2                               ARTICLE 8
   44-3        SECTION 8.01.  Section 1, Chapter 556, Acts of the 68th
   44-4  Legislature, Regular Session, 1983 (Article 9021, Vernon's Texas
   44-5  Civil Statutes), is amended by amending Subdivision (1) and adding
   44-6  Subdivisions (3) and (4) to read as follows:
   44-7              (1)  "Equipment" means a line, wire, cable, pipe,
   44-8  conduit, conductor, pole, or other facility for transmission of
   44-9  community antenna or cable television service or for the provision
  44-10  of telecommunications service.
  44-11              (3)  "Telecommunications common carrier" means a person
  44-12  who provides telecommunications service.
  44-13              (4)  "Telecommunications service" means the electronic
  44-14  or optical transmission of information between separate points by a
  44-15  prearranged means.
  44-16        SECTION 8.02.  Section 2, Chapter 556, Acts of the 68th
  44-17  Legislature, Regular Session, 1983 (Article 9021, Vernon's Texas
  44-18  Civil Statutes), is amended to read as follows:
  44-19        Sec. 2.  Installation and Maintenance.  In any unincorporated
  44-20  area in the state, a person in the business of providing community
  44-21  antenna or cable television service to the public or of operating
  44-22  as a telecommunications common carrier may install and maintain
  44-23  equipment through, under, along, across, and over a utility
  44-24  easement, a public road, an alley, or a body of public water in the
  44-25  state, in accordance with this Act.
  44-26        SECTION 8.03.  (a)  A building owner, building manager, or
  44-27  tenant that allows building access to a telecommunications common
  44-28  carrier or telecommunications utility for the installation and
  44-29  maintenance of telecommunications equipment shall allow building
  44-30  access for that purpose to all telecommunications common carriers
  44-31  on a nondiscriminatory basis and with reasonable terms and
  44-32  conditions.
  44-33        (b)  A landlord, building owner, or building manager may not
  44-34  discriminate between tenants in a rental charge or otherwise on the
  44-35  basis that a particular telecommunications carrier is serving or is
  44-36  not serving a tenant.
  44-37        (c)  In this section:
  44-38              (1)  "Telecommunications common carrier" means a person
  44-39  who provides telecommunications service.
  44-40              (2)  "Telecommunications service" means the electronic
  44-41  or optical transmission of information between separate points by a
  44-42  prearranged means.
  44-43                               ARTICLE 9
  44-44        SECTION 9.01.  Section 112, Public Utility Regulatory Act
  44-45  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  44-46  as follows:
  44-47        Sec. 112.  This article does not apply to the use of an ADAD
  44-48  to make a telephone call:
  44-49              (1)  relating to an emergency or a public service under
  44-50  a program developed or approved by the emergency management
  44-51  coordinator of the county in which the call was received; <or>
  44-52              (2)  made by a public or private primary or secondary
  44-53  school system to locate or account for a truant student;
  44-54              (3)  in response to the express request of the
  44-55  consumer;
  44-56              (4)  primarily in connection with an existing debt or
  44-57  contract for which payment or performance has not been completed at
  44-58  the time of the call; or
  44-59              (5)  to a consumer with whom the telephone solicitor
  44-60  has a prior or existing business relationship.
  44-61                              ARTICLE 10
  44-62        SECTION 10.01.  Except as otherwise provided by this Act,
  44-63  this Act takes effect September 1, 1993.
  44-64        SECTION 10.02.  The importance of this legislation and the
  44-65  crowded condition of the calendars in both houses create an
  44-66  emergency and an imperative public necessity that the
  44-67  constitutional rule requiring bills to be read on three several
  44-68  days in each house be suspended, and this rule is hereby suspended,
  44-69  and that this Act take effect and be in force according to its
  44-70  terms, and it is so enacted.
   45-1                               * * * * *
   45-2                                                         Austin,
   45-3  Texas
   45-4                                                         April 16, 1993
   45-5  Hon. Bob Bullock
   45-6  President of the Senate
   45-7  Sir:
   45-8  We, your Committee on Economic Development to which was referred
   45-9  S.B. No. 498, have had the same under consideration, and I am
  45-10  instructed to report it back to the Senate with the recommendation
  45-11  that it do not pass, but that the Committee Substitute adopted in
  45-12  lieu thereof do pass and be printed.
  45-13                                                         Parker,
  45-14  Chairman
  45-15                               * * * * *
  45-16                               WITNESSES
  45-17                                                  FOR   AGAINST  ON
  45-18  ___________________________________________________________________
  45-19  Name:  Mark E. Krebs                                           x
  45-20  Representing:  SUEPASCO
  45-21  City:  Austin
  45-22  -------------------------------------------------------------------
  45-23  Name:  Campbell McGinnis                                       x
  45-24  Representing:  Tx Electric Cooperative, Inc.
  45-25  City:  Austin
  45-26  -------------------------------------------------------------------
  45-27  Name:  Jim Morriss                               x
  45-28  Representing:  Tx Electric Cooperatives, Inc.
  45-29  City:  Austin
  45-30  -------------------------------------------------------------------
  45-31  Name:  Jonathan Day                                            x
  45-32  Representing:  Tx Industrial Energy Consumer
  45-33  City:  Houston
  45-34  -------------------------------------------------------------------
  45-35  Name:  Rosa Diaz-Chavez                                        x
  45-36  Representing:  ACT/IAF
  45-37  City:  Ft. Worth
  45-38  -------------------------------------------------------------------
  45-39  Name:  Michael Osborne                                         x
  45-40  Representing:  Texas Renewable Energy
  45-41  City:  Austin
  45-42  -------------------------------------------------------------------
  45-43                                                  FOR   AGAINST  ON
  45-44  ___________________________________________________________________
  45-45  Name:  Mike Williams                                           x
  45-46  Representing:  Texas Public Power Assn.
  45-47  City:  Austin
  45-48  -------------------------------------------------------------------
  45-49  Name:  Tom Anson                                 x
  45-50  Representing:  Competitive Energy Options
  45-51  City:  Austin
  45-52  -------------------------------------------------------------------
  45-53  Name:  Kent Caperton                             x
  45-54  Representing:  AECT
  45-55  City:  Austin
  45-56  -------------------------------------------------------------------
  45-57  Name:  Tom Standish                              x
  45-58  Representing:  AECT
  45-59  City:  Houston
  45-60  -------------------------------------------------------------------
  45-61  Name:  Nolan Ward                                              x
  45-62  Representing:  Public Utility Comm of Tx
  45-63  City:  Austin
  45-64  -------------------------------------------------------------------
  45-65  Name:  Karl R. Rabago                                          x
  45-66  Representing:  Public Utility Comm. of Texas
  45-67  City:  Austin
  45-68  -------------------------------------------------------------------
  45-69  Name:  Robert W. Gee                                           x
  45-70  Representing:  Public Utility Comm. of Texas
   46-1  City:  Austin
   46-2  -------------------------------------------------------------------
   46-3  Name:  Robert J. King                            x
   46-4  Representing:  U.S. Windpower, Inc.
   46-5  City:  Austin
   46-6  -------------------------------------------------------------------
   46-7  Name:  Dale Osborn                               x
   46-8  Representing:  U.S. Windpower
   46-9  City:  Moraga, CA
  46-10  -------------------------------------------------------------------
  46-11  Name:  Alfred R. Herrera                         x
  46-12  Representing:  MCI Telecommunications Corp.
  46-13  City:  Austin
  46-14  -------------------------------------------------------------------
  46-15  Name:  Don Cook                                                x
  46-16  Representing:  Tx General Land Office
  46-17  City:  Austin
  46-18  -------------------------------------------------------------------
  46-19  Name:  Bob McFarland                             x
  46-20  Representing:  Arlington, Euless, Grapevine
  46-21      &
  46-22  City:  Irving in Austin
  46-23  -------------------------------------------------------------------
  46-24  Name:  Tom Smith                                 x
  46-25  Representing:  Public Citizen
  46-26  City:  Austin
  46-27  -------------------------------------------------------------------
  46-28  Name:  John Hildreth                             x
  46-29  Representing:  Consumers Union
  46-30  City:  Austin
  46-31  -------------------------------------------------------------------
  46-32  Name:  Clinton P. White                          x
  46-33  Representing:  Texasgulf Inc.
  46-34  City:  Wharton
  46-35  -------------------------------------------------------------------
  46-36  Name:  Jim Marston                               x
  46-37  Representing:  EOF
  46-38  City:  Austin
  46-39  -------------------------------------------------------------------
  46-40  Name:  Robert Reilley                            x
  46-41  Representing:  Enron Power Corp.
  46-42  City:  Austin
  46-43  -------------------------------------------------------------------
  46-44                                                  FOR   AGAINST  ON
  46-45  ___________________________________________________________________
  46-46  Name:  Luis A. Wilmot                                          x
  46-47  Representing:  OPUC
  46-48  City:  Austin
  46-49  -------------------------------------------------------------------
  46-50  Name:  Hayward Rigano                            x
  46-51  Representing:  Titus Co. Citizens, Endangered
  46-52  City:  Paris
  46-53  -------------------------------------------------------------------
  46-54  Name:  Gene Teague                               x
  46-55  Representing:  Teague Ind. Inc.
  46-56  City:  Richardson
  46-57  -------------------------------------------------------------------
  46-58  Name:  Roy Ray                                   x
  46-59  Representing:  AARP
  46-60  City:  Austin
  46-61  -------------------------------------------------------------------
  46-62  Name:  Dr. Jan Hamrin                            x
  46-63  Representing:  Hansen, McQuat & Hamrin, Inc.
  46-64  City:  San Francisco, CA
  46-65  -------------------------------------------------------------------
  46-66  Name:  Maxie Templeton                           x
  46-67  Representing:  Self
  46-68  City:  Austin
  46-69  -------------------------------------------------------------------
  46-70  Name:  Alan Kaniss                                             x
   47-1  Representing:  Texas Payphone Assn.
   47-2  City:  Houston
   47-3  -------------------------------------------------------------------
   47-4  Name:  Jerry James                               x
   47-5  Representing:  Texaltel/LDDS
   47-6  City:  Austin
   47-7  -------------------------------------------------------------------
   47-8  Name:  Roger Kintzel                             x
   47-9  Representing:  Tx Daily Newspaper Assn.
  47-10  City:  Austin
  47-11  -------------------------------------------------------------------
  47-12  Name:  Roy J. Eaton                              x
  47-13  Representing:  Texas Press Association
  47-14  City:  Decatur, Tx
  47-15  -------------------------------------------------------------------
  47-16  Name:  Jane Wallace                              x
  47-17  Representing:  Tx Assoc. of Broadcasters
  47-18  City:  Austin
  47-19  -------------------------------------------------------------------
  47-20  Name:  Joe Jerkins                               x
  47-21  Representing:  Tx Assoc. of Broadcasters
  47-22  City:  Austin
  47-23  -------------------------------------------------------------------
  47-24  Name:  Ann Arnold                                x
  47-25  Representing:  Tx Assoc. of Broadcasters
  47-26  City:  Austin
  47-27  -------------------------------------------------------------------
  47-28  Name:  Pat Belinowski                                          x
  47-29  Representing:  Tx Commun/Expanded Local Call
  47-30  City:  Ladonia
  47-31  -------------------------------------------------------------------
  47-32  Name:  Diana Fleming                                           x
  47-33  Representing:  Tx Commun/Expanded Local Call
  47-34  City:  Point, Tx
  47-35  -------------------------------------------------------------------
  47-36  Name:  Carla Sue McCroan                                       x
  47-37  Representing:  Tx Commun/Expanded Local Call
  47-38  City:  Josephine, Tx
  47-39  -------------------------------------------------------------------
  47-40  Name:  Tom Jones                                               x
  47-41  Representing:  Tx Telephone Assoc.
  47-42  City:  Austin
  47-43  -------------------------------------------------------------------
  47-44                                                  FOR   AGAINST  ON
  47-45  ___________________________________________________________________
  47-46  Name:  Mike Estman, Pres. GTE                                  x
  47-47  Representing:  GTE/TTA
  47-48  City:  Irving
  47-49  -------------------------------------------------------------------
  47-50  Name:  Bill Dreyer                                             x
  47-51  Representing:  Southwestern Bell/TTA
  47-52  City:  Dallas
  47-53  -------------------------------------------------------------------
  47-54  Name:  Jim White, Pres. XIT Tel.                               x
  47-55  Representing:  XIT Telephone/TTA
  47-56  City:  Dalhart
  47-57  -------------------------------------------------------------------
  47-58  Name:  Susan G. Hadden                                         x
  47-59  Representing:  Self (LBJ School of Pub Aff)
  47-60  City:  Austin
  47-61  -------------------------------------------------------------------
  47-62  Name:  Tom Reiff                                 x
  47-63  Representing:  H&C Communications
  47-64  City:  Houston
  47-65  -------------------------------------------------------------------
  47-66  Name:  David A. Cole                                           x
  47-67  Representing:  Southwestern Bell
  47-68  City:  Austin
  47-69  -------------------------------------------------------------------
  47-70  Name:  Michael Bauer                                           x
   48-1  Representing:  Texas Telephone Association
   48-2  City:  Austin
   48-3  -------------------------------------------------------------------
   48-4  Name:  Don R. Richards                                         x
   48-5  Representing:  Tx Statewide Telephone Co-ops
   48-6  City:  Lubbock
   48-7  -------------------------------------------------------------------
   48-8  Name:  Dennis Thomas                                           x
   48-9  Representing:  Southwestern Bell
  48-10  City:  Austin
  48-11  -------------------------------------------------------------------
  48-12  Name:  William D. Arnold                         x
  48-13  Representing:  Texas Cable TV Assoc.
  48-14  City:  Austin
  48-15  -------------------------------------------------------------------
  48-16  Name:  Carmen Dempsey                            x
  48-17  Representing:  CWA Union
  48-18  City:  Austin
  48-19  -------------------------------------------------------------------
  48-20  Name:  Bob Rowland                                             x
  48-21  Representing:  Capital Network System, Inc.
  48-22  City:  Austin
  48-23  -------------------------------------------------------------------
  48-24  Name:  D. L. Dally Willis                        x
  48-25  Representing:  CWA Union
  48-26  City:  Midland
  48-27  -------------------------------------------------------------------
  48-28  Name:  Albert S. Bowles                          x
  48-29  Representing:  TTA
  48-30  City:  Austin
  48-31  -------------------------------------------------------------------
  48-32  Name:  Elizabeth Little                          x
  48-33  Representing:  AARP
  48-34  City:  Austin
  48-35  -------------------------------------------------------------------
  48-36  Name:  William G. Mundy                                        x
  48-37  Representing:  GTE
  48-38  City:  Irving
  48-39  -------------------------------------------------------------------
  48-40  Name:  Steve Martin                                            x
  48-41  Representing:  St. Office of Admin. Hearings
  48-42  City:  Austin
  48-43  -------------------------------------------------------------------
  48-44                                                  FOR   AGAINST  ON
  48-45  ___________________________________________________________________
  48-46  Name:  Don Cook                                                x
  48-47  Representing:  TX GLO
  48-48  City:  Austin
  48-49  -------------------------------------------------------------------
  48-50  Name:  Walt McGee                                x
  48-51  Representing:  Centex Telemanagement
  48-52  City:  Oakland, CA
  48-53  -------------------------------------------------------------------
  48-54  Name:  Pres Sheppard                                           x
  48-55  Representing:  AT&T
  48-56  City:  Austin
  48-57  -------------------------------------------------------------------
  48-58  Name:  Brian L. Hocker                           x
  48-59  Representing:  KXAS-TV
  48-60  City:  Ft. Worth
  48-61  -------------------------------------------------------------------
  48-62  Name:  Sano Riley Blocker                        x
  48-63  Representing:  EDS
  48-64  City:  Dallas
  48-65  -------------------------------------------------------------------
  48-66  Name:  Dennis Goehring                                         x
  48-67  Representing:  Tx Payphone Assoc.
  48-68  City:  Bryan
  48-69  -------------------------------------------------------------------
  48-70  Name:  Robert C. Atkinson                        x
   49-1  Representing:  Teleport Commun/Hous. & Dallas
   49-2  City:  Houston
   49-3  -------------------------------------------------------------------
   49-4  Name:  Roy Minton                                x
   49-5  Representing:  Teleport Commun/Hou - Dallas
   49-6  City:  Austin
   49-7  -------------------------------------------------------------------
   49-8  Name:  Tim Curtis                                x
   49-9  Representing:  Texas Citizen Action
  49-10  City:  Austin
  49-11  -------------------------------------------------------------------
  49-12  Name:  Philip Rickett                                          x
  49-13  Representing:  MFS Telecom, Inc.
  49-14  City:  Austin
  49-15  -------------------------------------------------------------------
  49-16  Name:  Marta Greytok                                           x
  49-17  Representing:  Public Utility Commission
  49-18  City:  Austin
  49-19  -------------------------------------------------------------------