By Danburg                                            H.B. No. 3159
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to continuation, operations, and functions of the Public
    1-3  Utility Commission of Texas and the Office of Public Utility
    1-4  Counsel; providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6                               ARTICLE 1
    1-7        SECTION 1.  Section 1 of the Public Utility Regulatory Act
    1-8  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
    1-9  as follows:
   1-10        Sec. 1.  Short Title.  This Act may be referred to as the
   1-11  "Public Utility Regulatory Act."
   1-12        SECTION 2.  Section 2 of the Public Utility Regulatory Act
   1-13  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   1-14  as follows:
   1-15        Sec. 2.  Legislative Policy and Purpose.  This Act is enacted
   1-16  to protect the public interest inherent in the rates and services
   1-17  of public utilities.  The legislature finds that public utilities
   1-18  <are> have been by definition monopolies in the areas they serve;
   1-19  that therefore the normal forces of competition which operate to
   1-20  regulate prices in a free enterprise society <do not operate> have
   1-21  been restrained; that it is necessary and appropriate to introduce
   1-22  elements of competition to increase customer access to the
   1-23  lowest-cost utility services; and that therefore utility rates,
    2-1  operations and services <are> should be regulated by public
    2-2  agencies, but with the objective that such regulation shall
    2-3  <operate as a substitute for such> encourage competition when it is
    2-4  in the public interest.  The purpose of this Act is to establish a
    2-5  comprehensive regulatory system which is adequate to the task of
    2-6  regulating public utilities as defined by this Act, to assure
    2-7  rates, operations, and services which are just and reasonable to
    2-8  the consumers and to the utilities.
    2-9        SECTION 3.  Section 3 of the Public Utility Regulatory Act
   2-10  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   2-11  as follows:
   2-12        Sec. 3.  Definitions.  (a)  The term "person," when used in
   2-13  this Act, includes natural persons, partnerships of two or more
   2-14  persons having a joint or common interest, mutual or cooperative
   2-15  associations, <water supply or sewer service corporations,> and
   2-16  corporations, as herein defined.
   2-17        (b)  The term "municipality," when used in this Act, includes
   2-18  cities and incorporated villages or towns existing, created, or
   2-19  organized under the general, home-rule, or special laws of the
   2-20  state.
   2-21        (c)  The term "public utility" or "utility," when used in
   2-22  this Act, includes any person, corporation, river authority,
   2-23  cooperative corporation, or any combination thereof, other than a
   2-24  municipal corporation <or a water supply or sewer service
   2-25  corporation>, or their lessees, trustees, and receivers, now or
    3-1  hereafter <owning or operating for compensation in this state
    3-2  equipment or facilities for:>
    3-3              (1)  producing, generating, transmitting, distributing,
    3-4  selling or furnishing electricity ("electric utilities"
    3-5  hereinafter) provided, however, that this definition shall not be
    3-6  construed to apply to or include a qualifying small power producer
    3-7  or qualifying cogenerator, as defined in Sections 3(17)(D) and
    3-8  3(18)(C) of the Federal Power Act, as amended (16 U.S.C. Sections
    3-9  796(17)(D) and 796(18)(C), an Exempt Wholesale Generator, as
   3-10  defined in Section 32(a)(1) of the Public Utility Holding Company
   3-11  Act of 1935, as amended (15 U.S.C. Section 79 and following), or a
   3-12  Power Marketer, which is defined for the purposes of this Act as
   3-13  any person that takes ownership of electric energy in this state
   3-14  for the purpose of selling such electric energy at wholesale but
   3-15  does not own generation, transmission, or distribution facilities
   3-16  in this state and does not have a certificated service area; and
   3-17  provided further that Exempt Wholesale Generators and Power
   3-18  Marketers may sell electric energy in this state only at wholesale.
   3-19              (2)(A)  owning or operating for compensation in this
   3-20  state equipment or facilities for the conveyance, transmission, or
   3-21  reception of communications over a telephone system as a dominant
   3-22  carrier as hereinafter defined ("telecommunications utilities"
   3-23  hereinafter); provided that no person or corporation not otherwise
   3-24  a public utility within the meaning of this Act shall be deemed
   3-25  such solely because of the furnishing or furnishing and maintenance
    4-1  of a private system or the manufacture, distribution, installation,
    4-2  or maintenance of customer premise communications equipment and
    4-3  accessories; and provided further that nothing in this Act shall be
    4-4  construed to apply to telegraph services, television stations,
    4-5  radio stations, community antenna television services, or
    4-6  radio-telephone services that may be authorized under the Public
    4-7  Mobile Radio Services rules of the Federal Communications
    4-8  Commission, other than such radio-telephone services provided by
    4-9  wire-line telephone companies under the Domestic Public Land Mobile
   4-10  Radio Service and Rural Radio Service rules of the Federal
   4-11  Communications Commission; and provided further that interexchange
   4-12  telecommunications carriers (including resellers of interexchange
   4-13  telecommunications services), specialized communications common
   4-14  carriers, other resellers of communications, other communications
   4-15  carriers who convey, transmit, or receive communications in whole
   4-16  or in part over a telephone system, and providers of operator
   4-17  services as defined in Section 18A(a) of this Act (except that
   4-18  subscribers to customer-owned pay telephone service shall not be
   4-19  deemed to be telecommunications utilities) are also
   4-20  telecommunications utilities, but the commission's regulatory
   4-21  authority as to them is only as hereinafter defined;
   4-22                    (B)  No change.
   4-23              (3)  The term "public utility" or "utility" shall not
   4-24  include any person or corporation not otherwise a public utility
   4-25  that furnishes the services or commodity described in any paragraph
    5-1  of this subsection only to itself, its employees, or tenants as an
    5-2  incident of such employee service or tenancy, when such service or
    5-3  commodity is not resold to or used by others.  The term "electric
    5-4  utility" shall not include any person or corporation not otherwise
    5-5  a public utility that owns or operates in this state equipment or
    5-6  facilities for producing, generating, transmitting, distributing,
    5-7  selling, or furnishing electric energy to an electric utility, if
    5-8  the equipment or facilities are used primarily for the production
    5-9  and generation of electric energy for consumption by the person or
   5-10  corporation.  The term "public utility," "utility," or "electric
   5-11  utility" shall not include any person or corporation not otherwise
   5-12  a public utility that owns or operates in this state a recreational
   5-13  vehicle park that provides metered electric service in accordance
   5-14  with Article 1446d-2, Revised Statutes.  A recreational vehicle
   5-15  park owner is considered a public utility if the owner fails to
   5-16  comply with Article 1446d-2, Revised Statutes, with regard to the
   5-17  metered sale of electricity at the recreational vehicle park.
   5-18        (d)  The term "rate," when used in this Act, means and
   5-19  includes every compensation, tariff, charge, fare, toll, rental,
   5-20  and classification, or any of them demanded, observed, charged, or
   5-21  collected whether directly or indirectly by any public utility for
   5-22  any service, product, or commodity described in Subdivision (c) of
   5-23  this section, and any rules, regulations, practices, or contracts
   5-24  affecting any such compensation, tariff, charge, fare, toll,
   5-25  rental, or classification.
    6-1        (e)  The word "commission," when used in this Act, means the
    6-2  Public Utility Commission of Texas, as hereinafter constituted.
    6-3        (f)  Repealed by Acts 1983, 68th Leg., p. 1222, ch. 263, Sec.
    6-4  25, eff.  Sept. 1, 1983.
    6-5        (g)  The term "regulatory authority," when used in this Act,
    6-6  means, in accordance with the context where it is found, either the
    6-7  commission or the governing body of any municipality.
    6-8        (h)  "Affected person" means any public utility affected by
    6-9  any action of the regulatory authority, any person or corporation
   6-10  whose utility service or rates are affected by any proceeding
   6-11  before the regulatory authority, or any person or corporation that
   6-12  is a competitor of a public utility with respect to any service
   6-13  performed by the utility or that desires to enter into competition.
   6-14        (i)  "Affiliated interest" or "affiliate" means:
   6-15              (1)  any person or corporation owning or holding,
   6-16  directly or indirectly, five percent or more of the voting
   6-17  securities of a public utility;
   6-18              (2)  any person or corporation in any chain of
   6-19  successive ownership of five percent or more of the voting
   6-20  securities of a public utility;
   6-21              (3)  any corporation five percent or more of the voting
   6-22  securities of which is owned or controlled, directly or indirectly,
   6-23  by a public utility;
   6-24              (4)  any corporation five percent or more of the voting
   6-25  securities of which is owned or controlled, directly or indirectly,
    7-1  by any person or corporation that owns or controls, directly or
    7-2  indirectly, five percent or more of the voting securities of any
    7-3  public utility or by any person or corporation in any chain of
    7-4  successive ownership of five percent of such securities;
    7-5              (5)  any person who is an officer or director of a
    7-6  public utility or of any corporation in any chain of successive
    7-7  ownership of five percent or more of voting securities of a public
    7-8  utility;
    7-9              (6)  any person or corporation that the commission,
   7-10  after notice and hearing, determines actually exercises any
   7-11  substantial influence or control over the policies and actions of a
   7-12  public utility, or over which a public utility exercises such
   7-13  control, or that is under common control with a public utility,
   7-14  such control being the possession, directly or indirectly, of the
   7-15  power to direct or cause the direction of the management and
   7-16  policies of another, whether such power is established through
   7-17  ownership or voting of securities or by any other direct or
   7-18  indirect means; or
   7-19              (7)  any person or corporation that the commission
   7-20  after notice and hearing determines is actually exercising such
   7-21  substantial influence over the policies and action of the public
   7-22  utility in conjunction with one or more persons or corporations
   7-23  with which they are related by ownership or blood relationship, or
   7-24  by action in concert, that together they are affiliated with such
   7-25  public utility within the meaning of this section, even though no
    8-1  one of them alone is so affiliated.
    8-2        (j)  "Allocations" means, for all utilities, the division of
    8-3  plant, revenues, expenses, taxes, and reserves between
    8-4  municipalities or between municipalities and unincorporated areas,
    8-5  where such items are used for providing public utility service in a
    8-6  municipality, or for a municipality and unincorporated areas.
    8-7        (k)  "Commissioner" means a member of the Public Utility
    8-8  Commission of Texas.
    8-9        (l)  "Cooperative corporation" means any telephone or
   8-10  electric cooperative corporation organized and operating under the
   8-11  Telephone Cooperative Act (Article 1528c, Vernon's Texas Civil
   8-12  Statutes) or the Electric Cooperative Corporation Act (Article
   8-13  1528b, Vernon's Texas Civil Statutes).
   8-14        (m)  "Corporation" means any corporation, joint-stock
   8-15  company, or association, domestic or foreign, and its lessees,
   8-16  assignees, trustees, receivers, or other successors in interest,
   8-17  having any of the powers or privileges of corporations not
   8-18  possessed by individuals or partnerships, but shall not include
   8-19  municipal corporations unless expressly provided otherwise in this
   8-20  Act.
   8-21        (n)  "Facilities" means all the plant and equipment of a
   8-22  public utility, including all tangible and intangible real and
   8-23  personal property without limitation, and any and all means and
   8-24  instrumentalities in any manner owned, operated, leased, licensed,
   8-25  used, controlled, furnished, or supplied for, by, or in connection
    9-1  with the business of any public utility.
    9-2        (o)  "Municipally-owned utility" means any utility owned,
    9-3  operated, and controlled by a municipality or by a nonprofit
    9-4  corporation whose directors are appointed by one or more
    9-5  municipalities.
    9-6        (p)  "Order" means the whole or a part of the final
    9-7  disposition, whether affirmative, negative, injunctive, or
    9-8  declaratory in form, of the regulatory authority in a matter other
    9-9  than rulemaking, but including issuance of certificates of
   9-10  convenience and necessity and ratesetting.
   9-11        (q)  "Proceeding" means any hearing, investigation, inquiry,
   9-12  or other fact-finding or decision-making procedure under this Act
   9-13  and includes the denial of relief or the dismissal of a complaint.
   9-14        (r)  "Separation" means, for communications utilities only,
   9-15  the division of plant, revenues, expenses, taxes, and reserves,
   9-16  applicable to exchange or local service where such items are used
   9-17  in common for providing public utility service to both local
   9-18  exchange service and other service, such as interstate or
   9-19  intrastate toll service.
   9-20        (s)  "Service" is used in this Act in its broadest and most
   9-21  inclusive sense, and includes any and all acts done, rendered, or
   9-22  performed and any and all things furnished or supplied, and any and
   9-23  all facilities used, furnished, or supplied by public utilities in
   9-24  the performance of their duties under this Act to their patrons,
   9-25  employees, other public utilities, and the public, as well as the
   10-1  interchange of facilities between two or more of them.  Service
   10-2  shall not include the printing, distribution, or sale of
   10-3  advertising in telephone directories.
   10-4        (t)  "Test year" means the most recent 12 months for which
   10-5  operating data for a public utility are available and shall
   10-6  commence with a calendar quarter or a fiscal year quarter.
   10-7        <(u)  "Water supply or sewer service corporation" means a
   10-8  nonprofit, member-owned corporation organized and operating under
   10-9  Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933,
  10-10  as amended (Article 1434a, Vernon's Texas Civil Statutes).>
  10-11        (u) <(v)>  "Local exchange company" means a
  10-12  telecommunications utility certificated to provide local exchange
  10-13  service within the state.
  10-14        SECTION 4.  Section 4 of the Public Utility Regulatory Act
  10-15  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  10-16  as follows:
  10-17        Sec. 4.  Applicability of Administrative Procedure Act <and
  10-18  Texas Register Act>.  The Administrative Procedure Act <and Texas
  10-19  Register Act> applies to all proceedings under this Act except to
  10-20  the extent inconsistent with this Act.  Communications of members
  10-21  and employees of the commission with a party, a party's
  10-22  representative, or other persons are governed by Section 17 of that
  10-23  Act.
  10-24          ARTICLE II.  ORGANIZATION OF COMMISSION; OFFICE OF
  10-25                        PUBLIC UTILITY COUNSEL
   11-1        SECTION 5.  Section 5 of the Public Utility Regulatory Act
   11-2  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   11-3  as follows:
   11-4        Sec. 5.  Creation of Commission; Appointment and Terms;
   11-5  Chairman.  A commission, to be known as the "Public Utility
   11-6  Commission of Texas" is hereby created.  It shall consist of three
   11-7  commissioners, who shall be appointed to staggered, six-year terms
   11-8  by the governor, with the advice and consent of two-thirds of the
   11-9  members of the senate present, and who shall have and exercise the
  11-10  jurisdiction and powers herein conferred upon the commission.  Each
  11-11  commissioner shall hold office until his successor is appointed and
  11-12  qualified.  The governor shall designate a member of the commission
  11-13  as the chairman of the commission to serve in that capacity at the
  11-14  pleasure of the governor.  <At its first meeting following the
  11-15  biennial appointment and qualification of a commissioner, the
  11-16  commission shall elect one of the commissioners chairman.>
  11-17  Appointments to the commission shall be made without regard to the
  11-18  race, color, handicap, <creed>, sex, religion, age, or national
  11-19  origin of the appointees.
  11-20        SECTION 6.  Section 5a of the Public Utility Regulatory Act
  11-21  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  11-22  as follows:
  11-23        Sec. 5a.  Sunset Provision.  The Public Utility Commission of
  11-24  Texas and the Office of Public Utility Counsel are subject to
  11-25  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
   12-1  in existence as provided by that chapter, the commission and the
   12-2  office <Office of the Public Utility Counsel> are abolished and
   12-3  this Act expires September 1, 2001 <1995>.
   12-4        SECTION 7.  Section 6 of the Public Utility Regulatory Act
   12-5  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   12-6  as follows:
   12-7        Sec. 6.  Qualifications; Oath and Bond; Prohibited
   12-8  Activities.  (a)  To be eligible for appointment as a commissioner,
   12-9  a person must be a qualified voter<, not less than 30 years of
  12-10  age>, a citizen of the United States, and a resident of the State
  12-11  of Texas.  No person is eligible for appointment as a commissioner
  12-12  if at any time during the two-year period immediately preceding his
  12-13  appointment he personally served as an officer, director, owner,
  12-14  employee, partner, or legal representative of any public utility
  12-15  <or> any affiliated interest, or any utility competitor, he owned
  12-16  or controlled, directly or indirectly, stocks or bonds of any class
  12-17  with a value of $10,000, or more in a public utility <or> any
  12-18  affiliated interest, or utility competitor.  Each commissioner
  12-19  shall qualify for office by taking the oath prescribed for other
  12-20  state officers and shall execute a bond for $5,000 payable to the
  12-21  state and conditioned on the faithful performance of his duties.
  12-22  A person may not serve as a member of the commission or act as the
  12-23  general counsel to the commission if the person is required to
  12-24  register as a lobbyist under Chapter 305, Government Code, and its
  12-25  subsequent amendments, because of the person's activities for
   13-1  compensation on behalf of a profession related to the operation of
   13-2  the commission <who is required to register as a lobbyist under
   13-3  Chapter 305, Government Code, may not serve as a member of the
   13-4  commission or public utility counsel or act as the general counsel
   13-5  to the commission>.
   13-6        (b)  No commissioner or employee of the commission may do any
   13-7  of the following during his period of service with the commission:
   13-8              (1)  have any pecuniary interest, either as an officer,
   13-9  director, partner, owner, employee, attorney, consultant, or
  13-10  otherwise, in any public utility or affiliated interest, or in any
  13-11  person or corporation or other business entity a significant
  13-12  portion of whose business consists of furnishing goods or services
  13-13  to public utilities or affiliated interests, but not including a
  13-14  nonprofit group or association solely supported by gratuitous
  13-15  contributions of money, property or services, other than a trade
  13-16  association as defined by Subsection (n) of this Section;
  13-17              (2)  own or control any securities in a public utility
  13-18  or affiliated interest, either directly or indirectly;
  13-19              (3)  accept any gift, gratuity, or entertainment
  13-20  whatsoever from any public utility or affiliated interest, or from
  13-21  any person, corporation, agent, representative, employee, or other
  13-22  business entity a significant portion of whose business consists of
  13-23  furnishing goods or services to public utilities or affiliated
  13-24  interests, or from any agent, representative, attorney, employee,
  13-25  officer, owner, director, or partner of any such business entity or
   14-1  of any public utility or affiliated interest; provided, however,
   14-2  that the receipt and acceptance of any gifts, gratuities, or
   14-3  entertainment after termination of service with the commission
   14-4  whose cumulative value in any one-year period is less than $100
   14-5  shall not constitute a violation of this Act.
   14-6        (c)-(f)  No change.
   14-7        (g)  A person is not eligible for appointment as a public
   14-8  member of the commission or for employment as the general counsel
   14-9  or executive director of the commission if:
  14-10              (1)  the person serves on the board of directors of a
  14-11  company that supplies fuel, utility-related services, or
  14-12  utility-related products to regulated or unregulated electric or
  14-13  telecommunications utilities; or
  14-14              (2)  the person or the person's spouse:
  14-15                    (A)  is employed by or participates in the
  14-16  management of a business entity or other organization regulated by
  14-17  the commission or receiving funds from the commission;
  14-18                    (B)  owns or controls, directly or indirectly,
  14-19  more than a 10 percent interest or a pecuniary interest with a
  14-20  value exceeding $10,000 in:
  14-21                          (i)  a business entity or other
  14-22  organization regulated by the commission or receiving funds from
  14-23  the commission; or
  14-24                          (ii)  any utility competitor, utility
  14-25  supplier, or other entity affected by a commission decision in a
   15-1  manner other than by the setting of rates for that class of
   15-2  customer;
   15-3                    (C)  uses or receives a substantial amount of
   15-4  tangible goods, services, or funds from the commission, other than
   15-5  compensation or reimbursement authorized by law for commission
   15-6  membership, attendance, or expenses; or
   15-7                    (D)  notwithstanding Paragraph (B) of this
   15-8  subdivision, has an interest in a mutual fund or retirement fund in
   15-9  which more than 10 percent of the fund's holdings at the time of
  15-10  appointment is in a single utility, utility competitor, or utility
  15-11  supplier in this state and the person does not disclose this
  15-12  information to the governor, senate, commission, or other entity as
  15-13  appropriate.
  15-14                          (i)  No commissioner shall within two
  15-15  years, and no employee shall, within one year after his employment
  15-16  or service with the commission has ceased;
  15-17              (1)  <;> be employed by a public utility which was in
  15-18  the scope of the commissioner's or employee's official
  15-19  responsibility while the commissioner or employee was associated
  15-20  with the commission; or
  15-21              (2)  be employed by a utility competitor, utility
  15-22  supplier, or other entity affected in a manner other than by the
  15-23  setting of rates for that class of customer.
  15-24        (j)  No change.
  15-25        (k)  The commission shall provide to <require> its members
   16-1  and employees, <to read this section and> as often as necessary,
   16-2  <shall provide> information regarding their qualification for
   16-3  office or employment under this Act and their responsibilities
   16-4  under applicable laws relating to standards of conduct for state
   16-5  officers or <and> employees.
   16-6        (l)  An officer, employee, or paid consultant of a trade
   16-7  association in the field of public utilities may not be a member or
   16-8  employee of the commission who is exempt from the state's position
   16-9  classification plan or is compensated at or above the amount
  16-10  prescribed by the General Appropriations Act for step 1, salary
  16-11  group 17, of the position classification salary schedule.
  16-12        (m)  A person who is a spouse of an officer, manager, or paid
  16-13  consultant of a trade association in the field of public utilities
  16-14  may not be a commission member and may not be a commission employee
  16-15  who is exempt from the state's position classification plan or is
  16-16  compensated at or above the amount prescribed by the General
  16-17  Appropriations Act for step 1, salary group 17, of the position
  16-18  classification salary schedule.
  16-19        (n)  For the purposes of this section, a trade association is
  16-20  a nonprofit, cooperative, and voluntarily joined association of
  16-21  business or professional persons who are employed by public
  16-22  utilities or utility competitors to assist the public utility
  16-23  industry, a utility competitor, or the industry's or competitor's
  16-24  employees in dealing with mutual business or professional problems
  16-25  and in promoting their common interest.
   17-1        (o)  In this Act, an entity or utility supplier is considered
   17-2  to be affected in a manner other than by the setting of rates for
   17-3  that class of customer if during a relevant calendar year the
   17-4  entity provides fuel, utility-related goods, utility-related
   17-5  products, or utility-related services to a regulated or unregulated
   17-6  provider of telecommunications or electric services or to an
   17-7  affiliated interest in an amount equal to the greater of $10,000 or
   17-8  10 percent of the person's business.
   17-9        (p)  Notwithstanding any other provision of this Act, a
  17-10  person otherwise ineligible because of the application of Paragraph
  17-11  (B) of Subdivision (2) of Subsection (g) of this section may be
  17-12  appointed to the commission and serve as a commissioner or may be
  17-13  employed as the general counsel or executive director if the
  17-14  person:
  17-15              (1)  notifies the attorney general and commission that
  17-16  the person is ineligible because of the application of Paragraph
  17-17  (B) of Subdivision (2) of Subsection (g) of this section; and
  17-18              (2)  divests the person or the person's spouse of the
  17-19  ownership or control before beginning service or employment, or
  17-20  within a reasonable time if the person is already serving or
  17-21  employed at the time Paragraph (B) of Subdivision (2) of Subsection
  17-22  (g) of this section first applies to the person.
  17-23        SECTION 8.  Section 6a of the Public Utility Regulatory Act
  17-24  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  17-25  as follows:
   18-1        Sec. 6A.  Grounds for Removal; Validity of Actions.  (a)  It
   18-2  is a ground for removal from the commission if a member:
   18-3              (1)  does not have at the time of appointment the
   18-4  qualifications required by Section 6 of this Act; <for appointment
   18-5  to the commission; or>
   18-6              (2)  does not maintain during <the> service on the
   18-7  commission the qualifications required by Section 6 of this Act;
   18-8              (3)  violates a prohibition established by Section 6 of
   18-9  this Act;
  18-10              (4)  cannot discharge the member's duties for a
  18-11  substantial part of the term for which the member is appointed
  18-12  because of illness or disability; or
  18-13              (5)  is absent from more than half of the regularly
  18-14  scheduled commission meetings that the member is eligible to attend
  18-15  during a calendar year unless the absence is excused by majority
  18-16  vote of the commission <for appointment to the commission>.
  18-17        (b)  The validity of an action of the commission is not
  18-18  affected by the fact that it is <was> taken when a ground for
  18-19  removal of a <member of the> commission member exists <existed>.
  18-20        (c)  If the executive director has knowledge that a potential
  18-21  ground for removal exists, the executive director shall notify the
  18-22  governor and the attorney general that a potential ground for
  18-23  removal exists.
  18-24        SECTION 9.  Section 8 of the Public Utility Regulatory Act
  18-25  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   19-1  as follows:
   19-2        Sec. 8.  Employees.  (a)  The commission shall employ an
   19-3  executive director, a general counsel, and such officers<,
   19-4  administrative law judges, hearing examiners, investigators,
   19-5  lawyers, engineers, economists, consultants, statisticians,
   19-6  accountants, administrative assistants, inspectors, clerical
   19-7  staff,> and other employees as it deems necessary to carry out the
   19-8  provisions of this Act.  All employees receive such compensation as
   19-9  is fixed by the legislature.  The commission shall develop and
  19-10  implement policies that clearly define the respective
  19-11  responsibilities of the commission and the staff of the commission.
  19-12        (b)  The commission shall employ the following:
  19-13              (1)  an executive director who is responsible for the
  19-14  day-to-day operations of the agency and shall coordinate the
  19-15  activities of commission employees;
  19-16              (2)  a director of hearings who has wide experience in
  19-17  utility regulation and rate determination; and
  19-18              (3)  <a chief engineer who is a registered engineer and
  19-19  an expert in public utility engineering and rate matters;>
  19-20              <(4)  a chief accountant who is a certified public
  19-21  accountant, experienced in public utility accounting;>
  19-22              <(5)  a director of research who is experienced in the
  19-23  conduct of analyses of industry, economics, energy, fuel, and other
  19-24  related matters that the commission may want to undertake;>
  19-25              <(6)  a director of consumer affairs and public
   20-1  information;>
   20-2              <(7)  a director of utility evaluation;>
   20-3              <(8)  a director of energy conservation; and>
   20-4              <(9)>  a general counsel.
   20-5        (c)-(d)  No change.
   20-6        (e)  The executive director or the executive director's <his>
   20-7  designee shall develop an intra-agency <intraagency> career ladder
   20-8  program.  The program shall require intra-agency posting of all
   20-9  non-entry-level positions concurrently with any public posting<,
  20-10  one part of which shall be the intraagency posting of all nonentry
  20-11  level positions for at least 10 days before any public posting>.
  20-12  The executive director or the executive director's <his> designee
  20-13  shall develop a system of annual performance evaluations <based on
  20-14  measurable job tasks>.  All merit pay for commission employees must
  20-15  be based on the system established under this section.
  20-16        (f)  The executive director or the executive director's
  20-17  <his/her> designee shall prepare and maintain a written policy
  20-18  statement <plan> to assure implementation of a program of equal
  20-19  employment opportunity under which <whereby> all personnel
  20-20  transactions are made without regard to race, color, handicap
  20-21  <disability>, sex, religion, age, or national origin.  The policy
  20-22  statement must <plans shall> include:
  20-23              (1)  personnel policies, including policies relating to
  20-24  recruitment, evaluation, selection, appointment, training, and
  20-25  promotion of personnel <a comprehensive analysis of all the
   21-1  agency's work force by race, sex, ethnic origin, class of position,
   21-2  and salary or wage>;
   21-3              (2)  a comprehensive analysis of the commission work
   21-4  force that meets federal and state guidelines <plans for
   21-5  recruitment, evaluation, selection, appointment, training,
   21-6  promotion, and other personnel policies>;
   21-7              (3)  procedures by which a determination can be made of
   21-8  significant underutilization in the commission work force of all
   21-9  persons for whom federal or state guidelines encourage a more
  21-10  equitable balance <steps reasonably designed to overcome any
  21-11  identified underutilization of minorities and women in the agency's
  21-12  work force>; and
  21-13              (4)  reasonable methods to address those areas of
  21-14  significant underutilization appropriately.
  21-15        (g)  A policy statement prepared under Subsection (e) of this
  21-16  section must <objectives and goals, timetables for the achievement
  21-17  of the objectives and goals, and assignments of responsibility for
  21-18  their achievement.>
  21-19        <The plans shall be filed with the governor's office within
  21-20  60 days of the effective date of this Act,> cover an annual period,
  21-21  <and> be updated at least annually, and be filed with the
  21-22  governor's office and the Commission on Human Rights.
  21-23        (h)  The governor's office shall deliver a biennial report to
  21-24  the legislature based on the information received under Subsection
  21-25  (f) of this section.  The report may be made separately or as a
   22-1  part of other biennial reports made to the legislature<.  Progress
   22-2  reports shall be submitted to the governor's office within 30 days
   22-3  of November 1 and April 1 of each year and shall include the steps
   22-4  the agency has taken within the reporting period to comply with
   22-5  these requirements>.
   22-6        SECTION 10.  Section 10 of the Public Utility Regulatory Act
   22-7  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   22-8  as follows:
   22-9        Sec. 10.  Office; Meetings.  (a)  The principal office of the
  22-10  commission shall be located in the City of Austin, Texas, and shall
  22-11  be open daily during the usual business hours, Saturdays, Sundays,
  22-12  and legal holidays excepted.  The commission shall hold meetings at
  22-13  its office and at such other convenient places in the state as
  22-14  shall be expedient and necessary for the proper performance of its
  22-15  duties.
  22-16        (b)  The commission shall develop and implement policies that
  22-17  provide the public with a reasonable opportunity to appear before
  22-18  the commission and to speak on any issue under the jurisdiction of
  22-19  the commission.
  22-20        SECTION 11.  Section 14 of the Public Utility Regulatory Act
  22-21  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  22-22  as follows:
  22-23        Sec. 14.  Annual Report.  (a)  The commission shall file
  22-24  annually with the governor and the presiding officer of each house
  22-25  of the legislature a complete and detailed written report
   23-1  accounting for all funds received and disbursed by the commission
   23-2  during the preceding fiscal year.  The annual report must be in the
   23-3  form and reported in the time provided by the General
   23-4  Appropriations Act <publish an annual report to the governor,
   23-5  summarizing its proceedings, listing its receipts and the sources
   23-6  of its receipts, listing its expenditures and the nature of such
   23-7  expenditures, and setting forth such other information concerning
   23-8  the operations of the commission and the public utility industry as
   23-9  it considers of general interest>.
  23-10        SECTION 12.  Section 14A of the Public Utility Regulatory Act
  23-11  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  23-12  as follows:
  23-13        Sec. 14A.  Consumer Information.  (a)  The commission shall
  23-14  prepare information of public <consumer> interest describing the
  23-15  <regulatory> functions of the commission and <describing> the
  23-16  commission's procedures by which <consumer> complaints are filed
  23-17  with and resolved by the commission.  The commission shall make the
  23-18  information available to the <general> public and appropriate state
  23-19  agencies.
  23-20        (b)  The commission by rule shall establish methods by which
  23-21  consumers and service recipients are notified of the name, mailing
  23-22  address, and telephone number of the commission for the purpose of
  23-23  directing complaints to the commission.
  23-24        (c)  The commission shall prepare and maintain a written plan
  23-25  that describes how a person who does not speak English can be
   24-1  provided reasonable access to the commission's programs.  The
   24-2  commission shall also comply with federal and state laws for
   24-3  program and facility accessibility.
   24-4        SECTION 13.  Section 15A of the Public Utility Regulatory Act
   24-5  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   24-6  as follows:
   24-7        Sec. 15A.  Office of Public Utility Counsel.  (a)  The
   24-8  independent Office of Public Utility Counsel is hereby established
   24-9  to represent the interests of residential and small commercial
  24-10  consumers.
  24-11        (b)  The chief executive of the office <Office of Public
  24-12  Utility Counsel> is the public utility counsel, hereinafter
  24-13  referred to as counsellor.  The counsellor is appointed by the
  24-14  governor with the advice and consent of the senate to a two-year
  24-15  term that expires on February 1 of the final year of the term.
  24-16  Appointment of the public utility counsel shall be made without
  24-17  regard to the race, color, handicap, sex, religion, age, or
  24-18  national origin of the appointee <Immediately after this section
  24-19  takes effect, the governor shall, with the advice and consent of
  24-20  the senate, appoint the public utility counsel>.
  24-21        (c)  The counsellor may employ such lawyers, economists,
  24-22  engineers, consultants, statisticians, accountants, clerical staff,
  24-23  and other employees as he or she deems necessary to carry out the
  24-24  provisions of this section.  All employees shall receive such
  24-25  compensation as is fixed by the legislature from the assessment
   25-1  imposed by Section 78 of this Act.  The public utility counsel or
   25-2  the counsellor's designee shall develop an intra-agency career
   25-3  ladder program.  The program shall require intra-agency postings of
   25-4  all non-entry-level positions concurrently with any public posting.
   25-5  The public utility counsel or the counsellor's designee shall
   25-6  develop a system of annual performance evaluations.  All merit pay
   25-7  for office employees must be based on the system established under
   25-8  this subsection.  The office shall provide to the public utility
   25-9  counsel and its employees, as often as necessary, information
  25-10  regarding their qualification for office or employment under this
  25-11  Act and their responsibilities under applicable laws relating to
  25-12  standards of conduct for state officers or employees.
  25-13        (d)  The counsellor shall be a resident of Texas and admitted
  25-14  to the practice of law in this state who has demonstrated a strong
  25-15  commitment and involvement in efforts to safeguard the rights of
  25-16  the public and possesses the knowledge and experience necessary to
  25-17  practice effectively in utility proceedings.  A person is not
  25-18  eligible for appointment as public utility counsel if the person or
  25-19  the person's spouse:
  25-20              (1)  is employed by or participates in the management
  25-21  of a business entity or other organization regulated by the
  25-22  commission or receiving funds from the commission;
  25-23              (2)  owns or controls, directly or indirectly, more
  25-24  than a 10 percent interest or a pecuniary interest with a value
  25-25  exceeding $10,000 in:
   26-1                    (A)  a business entity or other organization
   26-2  regulated by the commission or receiving funds from the commission
   26-3  or the office; or
   26-4                    (B)  any utility competitor, utility supplier, or
   26-5  other entity affected by a commission decision in a manner other
   26-6  than by the setting of rates for that class of customer;
   26-7              (3)  uses or receives a substantial amount of tangible
   26-8  goods, services, or funds from the commission or the office, other
   26-9  than compensation or reimbursement authorized by law for counsellor
  26-10  or commission membership, attendance, or expenses; or
  26-11              (4)  notwithstanding Subdivision (2) of this
  26-12  subsection, has an interest in a mutual fund or retirement fund in
  26-13  which more than 10 percent of the fund's holdings is in a single
  26-14  utility, utility competitor, or utility supplier in this state and
  26-15  the person does not disclose this information to the governor,
  26-16  senate, or other entity, as appropriate.
  26-17        (e)  A person may not serve as counsellor or act as the
  26-18  general counsel for the office if the person is required to
  26-19  register as a lobbyist under Chapter 305, Government Code, because
  26-20  of the person's activities for compensation related to the
  26-21  operation of the commission or the office.
  26-22        (f)  An officer, employee, or paid consultant of a trade
  26-23  association in the field of public utilities may not serve as
  26-24  counsellor or be an employee of the office who is exempt from the
  26-25  state's position classification plan or is compensated at or above
   27-1  the amount prescribed by the General Appropriations Act for step 1,
   27-2  salary group 17, of the position classification salary schedule.  A
   27-3  person who is the spouse of an officer, manager, or paid consultant
   27-4  of a trade association in the field of public utilities may not
   27-5  serve as counsellor and may not be an office employee who is exempt
   27-6  from the state's position classification plan or is compensated at
   27-7  or above the amount prescribed by the General Appropriations Act
   27-8  for step 1, salary group 17, of the position classification salary
   27-9  schedule.  For the purposes of this subsection, a trade association
  27-10  is a nonprofit, cooperative, and voluntarily joined association of
  27-11  business or professional persons who are employed by public
  27-12  utilities or utility competitors to assist the public utility
  27-13  industry, a utility competitor, or the industry's or competitor's
  27-14  employees in dealing with mutual business or professional problems
  27-15  and in promoting their common interest.
  27-16        (g)  Notwithstanding any other provision of this Act, a
  27-17  person otherwise ineligible because of the application of
  27-18  Subdivision (2) of Subsection (d) of this section may be appointed
  27-19  as counsellor and may serve as counsellor if the person:
  27-20              (1)  notifies the attorney general and commission that
  27-21  the person is ineligible because of the application of Subdivision
  27-22  (2) of Subsection (d) of this section; and
  27-23              (2)  divests the person or the person's spouse of the
  27-24  ownership or control before appointment, or within a reasonable
  27-25  time if the person is already serving at the time Subdivision (2)
   28-1  of Subsection (d) of this section first applies to the person.
   28-2        (h)  During the period of the counsellor's employment and for
   28-3  a period of two years following the termination of employment, it
   28-4  shall be unlawful for any person employed as counsellor to have a
   28-5  direct or indirect interest in any utility company regulated under
   28-6  the Public Utility Regulatory Act, to provide legal services
   28-7  directly or indirectly to or be employed in any capacity by a
   28-8  utility company regulated under the Public Utility Regulatory Act,
   28-9  its parent, or its subsidiary companies, corporations, or
  28-10  cooperatives or a utility competitor, utility supplier, or other
  28-11  entity affected in a manner other than by the setting of rates for
  28-12  that class of customer; but such person may otherwise engage in the
  28-13  private practice of law after the termination of employment as the
  28-14  counsellor.  It is a ground for removal from office if the
  28-15  counsellor:
  28-16              (1)  does not have at the time of appointment the
  28-17  qualifications required by this section;
  28-18              (2)  does not maintain during service as counsellor the
  28-19  qualifications required by this section;
  28-20              (3)  violates a prohibition established by this
  28-21  section; or
  28-22              (4)  cannot discharge the counsellor's duties for a
  28-23  substantial part of the term for which the counsellor is appointed
  28-24  because of illness or disability.
  28-25        (i)  The validity of an action of the office is not affected
   29-1  by the fact that it is taken when a ground for removal of the
   29-2  counsellor exists.
   29-3        (j)  The office shall file annually with the governor and the
   29-4  presiding officer of each house of the legislature a complete and
   29-5  detailed written report accounting for all funds received and
   29-6  disbursed by the office during the preceding fiscal year.  The
   29-7  annual report must be in the form and reported in the time provided
   29-8  by the General Appropriations Act.
   29-9        (k)  The office shall prepare information of public interest
  29-10  describing the functions of the office.  The office shall make the
  29-11  information available to the public and appropriate state agencies.
  29-12        (l)  The counsellor or the counsellor's designee shall
  29-13  prepare and maintain a written policy statement to assure
  29-14  implementation of a program of equal employment opportunity under
  29-15  which all personnel transactions are made without regard to race,
  29-16  color, handicap, sex, religion, age, or national origin.  The
  29-17  policy statement must include:
  29-18              (1)  personnel policies, including policies relating to
  29-19  recruitment, evaluation, selection, appointment, training, and
  29-20  promotion of personnel;
  29-21              (2)  a comprehensive analysis of the office work force
  29-22  that meets federal and state guidelines;
  29-23              (3)  procedures by which a determination can be made of
  29-24  significant underutilization in the office work force of all
  29-25  persons for whom federal or state guidelines encourage a more
   30-1  equitable balance; and
   30-2              (4)  reasonable methods to address those areas of
   30-3  significant underutilization appropriately.
   30-4        (m)  A policy statement prepared under Subsection (l) of this
   30-5  section must cover an annual period, be updated at least annually,
   30-6  and be filed with the governor's office and the Commission on Human
   30-7  Rights.  The governor's office shall deliver a biennial report to
   30-8  the legislature based on the information received under this
   30-9  subsection.  The report may be made separately or as a part of
  30-10  other biennial reports made to the legislature.
  30-11        (n)  The office shall prepare and maintain a written plan
  30-12  that describes how a person who does not speak English can be
  30-13  provided reasonable access to the office's programs.  The office
  30-14  shall also comply with federal and state laws for program and
  30-15  facility accessibility.
  30-16        (o)  In this section, an entity or utility supplier is
  30-17  considered to be affected in a manner other than by the setting of
  30-18  rates for that class of customer if during a relevant calendar year
  30-19  the entity provides fuel, utility-related goods, utility-related
  30-20  products, or utility-related services to a regulated or unregulated
  30-21  provider of telecommunications or electric services or to an
  30-22  affiliated interest in an amount equal to the lesser of $10,000 or
  30-23  10 percent of the person's business.
  30-24        Sec. 15B. (a)<(f)>  THE OFFICE OF PUBLIC UTILITY COUNSEL:
  30-25              (1)  shall assess the impact of utility rate changes
   31-1  and other regulatory actions on residential consumers in the State
   31-2  of Texas and shall be an advocate in its own name of positions most
   31-3  advantageous to a substantial number of such consumers as
   31-4  determined by the counsellor;
   31-5              (2)  shall <may> appear or intervene as a matter of
   31-6  right as a party or otherwise on behalf of residential consumers,
   31-7  as a class, in all proceedings before the commission;
   31-8              (3)  may appear or intervene as a matter of right as a
   31-9  party or otherwise on behalf of small commercial consumers, as a
  31-10  class, in all proceedings where it is deemed by the counsel that
  31-11  small commercial consumers are in need of representation;<.>
  31-12              (4)  may initiate or intervene as a matter of right or
  31-13  otherwise appear in any judicial proceedings involving or arising
  31-14  out of any action taken by an administrative agency in a proceeding
  31-15  in which the counsel was authorized to appear;
  31-16              (5)  may have access as any party, other than staff, to
  31-17  all records gathered by the commission under the authority of
  31-18  Subsection (a) of Section 29 of this Act;
  31-19              (6)  may obtain discovery of any nonprivileged matter
  31-20  which is relevant to the subject matter involved in any proceeding
  31-21  or petition before the commission;
  31-22              (7)  may represent individual residential and small
  31-23  commercial consumers with respect to their disputed complaints
  31-24  concerning utility services unresolved before the commission; and
  31-25              (8)  may recommend legislation to the legislature which
   32-1  in its judgment would positively affect the interests of
   32-2  residential and small commercial consumers.
   32-3        (b<g>)  Nothing in this section shall be construed as in any
   32-4  way limiting the authority of the commission to represent
   32-5  residential or small commercial consumers.
   32-6        (c<h>)  The appearance of the Public Counsel in any proceeding
   32-7  in no way precludes the appearance of other parties on behalf of
   32-8  residential ratepayers or small commercial consumers.  The Public
   32-9  Counsel shall not be grouped with any other parties.
  32-10        (d<i>)  There shall be only one Office of Public Utility
  32-11  Counsel even though that office may be referenced in one or more
  32-12  Acts of the 68th Legislature.
  32-13                      ARTICLE III.  JURISDICTION
  32-14        SECTION 14.  Section 16 of the Public Utility Regulatory Act
  32-15  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  32-16  as follows:
  32-17        Sec. 16.  General Power; Rules; Hearings; Statewide and
  32-18  Utility Electrical Energy Forecasts; Reports; Audits.  (a)  No
  32-19  change.
  32-20        (b)  <The commission shall develop a long-term statewide
  32-21  electrical energy forecast which shall be sent to the governor
  32-22  biennially.  The forecast will include an assessment of how
  32-23  alternative energy sources, conservation, and load management will
  32-24  meet the state's electricity needs.>
  32-25        <(c)  Every generating electric utility in the state shall
   33-1  prepare and transmit to the commission by December 31, 1983, and
   33-2  every two years thereafter a report specifying at least a 10-year
   33-3  forecast for assessments of load and resources for its service
   33-4  area.  The report shall include a list of facilities which will be
   33-5  required to supply electric power during the forecast periods.  The
   33-6  report shall be in a form prescribed by the commission.  The report
   33-7  shall include:>
   33-8              <(1)  a tabulation of estimated peak load, resources,
   33-9  and reserve margins for each year during the forecast or assessment
  33-10  period;>
  33-11              <(2)  a list of existing electric generating plants in
  33-12  service with a description of planned and potential generating
  33-13  capacity at existing sites;>
  33-14              <(3)  a list of facilities which will be needed to
  33-15  serve additional electrical requirements identified in the
  33-16  forecasts or assessments, the general location of such facilities,
  33-17  and the anticipated types of fuel to be utilized in the proposed
  33-18  facilities, including an estimation of shutdown costs and disposal
  33-19  of spent fuel for nuclear power plants;>
  33-20              <(4)  a description of additional system capacity which
  33-21  might be achieved through, among other things, improvements in (A)
  33-22  generating or transmission efficiency, (B) importation of power,
  33-23  (C) interstate or interregional pooling, (D) other improvements in
  33-24  efficiencies of operation; and (E) conservation measures;>
  33-25              <(5)  an estimation of the mix and type of fuel
   34-1  resources for the forecast or assessment period;>
   34-2              <(6)  an annual load duration curve and a forecast of
   34-3  anticipated peak loads for the forecast or assessment period for
   34-4  the residential, commercial, industrial, and such other major
   34-5  demand sectors in the service area of the electric utility as the
   34-6  commission shall determine; and>
   34-7              <(7)  a description of projected population growth,
   34-8  urban development, industrial expansion, and other growth factors
   34-9  influencing increased demand for electric energy and the basis for
  34-10  such projections.>
  34-11        <(d)  The commission shall establish and every electric
  34-12  utility shall utilize a reporting methodology for preparation of
  34-13  the forecasts of future load and resources.>
  34-14        <(e)  The commission shall review and evaluate the electric
  34-15  utilities' forecast of load and resources and any public comment on
  34-16  population growth estimates prepared by Bureau of Business
  34-17  Research, University of Texas at Austin.>
  34-18        <(f)  Within 12 months after the receipt of the reports
  34-19  required in Subsection (b)  of this section, the commission shall
  34-20  hold a public hearing and subsequently issue a final report to the
  34-21  governor and notify every electric utility of the commission's
  34-22  electric forecast for that utility.  The commission shall consider
  34-23  its electric forecast in all certification proceedings covering new
  34-24  generation plant.>
  34-25        <(g)>  The commission shall make and enforce rules to
   35-1  encourage the economical production of electric energy by
   35-2  qualifying cogenerators and qualifying small power producers.
   35-3        (c<h>)  The commission shall inquire into the management of the
   35-4  business of all public utilities under its jurisdiction, shall keep
   35-5  itself informed as to the manner and method in which the management
   35-6  and business is conducted, and shall obtain from any public utility
   35-7  all necessary information to enable the commission to perform
   35-8  management audits.  The commission may audit each utility under the
   35-9  jurisdiction of the commission as frequently as needed, but shall
  35-10  audit each utility at least once every 10 years.  Six months after
  35-11  any audit, the utility shall report to the commission on the status
  35-12  of the implementation of the recommendations of the audit and shall
  35-13  file subsequent reports at such times as the commission deems
  35-14  appropriate.
  35-15        Sec. 17.  Jurisdiction of Municipality; Surrender; Original
  35-16  and Appellate Jurisdiction of Commission.  (a)  Subject to the
  35-17  limitations imposed in this Act, and for the purpose of regulating
  35-18  rates and services so that such rates may be fair, just, and
  35-19  reasonable, and the services adequate and efficient, the governing
  35-20  body of each municipality shall have exclusive original
  35-21  jurisdiction over all electric<, water, and sewer> utility rates,
  35-22  operations, and services provided by an electric<, water, and
  35-23  sewer> utility within its city or town limits.
  35-24        (b)  At any time after two years have passed from the date
  35-25  this Act becomes effective, a municipality may elect to have the
   36-1  commission exercise exclusive original jurisdiction over electric<,
   36-2  water, or sewer> utility rates, operations, and services within the
   36-3  incorporated limits of the municipality.  The governing body of a
   36-4  municipality may by ordinance elect to surrender its original
   36-5  jurisdiction to the commission, or the governing body may submit
   36-6  the question of the surrender to the qualified voters at a
   36-7  municipal election.  Upon receipt of a petition signed by the
   36-8  lesser of 20,000 or ten percent of the number of qualified voters
   36-9  voting in the last preceding general election in that municipality,
  36-10  the governing body shall submit the question of the surrender of
  36-11  the municipality's original jurisdiction to the commission at a
  36-12  municipal election.
  36-13        (c)  A municipality that surrenders its jurisdiction to the
  36-14  commission may at any time, by vote of the electorate, reinstate
  36-15  the jurisdiction of the governing body; provided, however, that any
  36-16  municipality which reinstates its jurisdiction shall be unable to
  36-17  surrender that jurisdiction for five years after the date of the
  36-18  election at which the municipality elected to reinstate its
  36-19  jurisdiction.  No municipality may, by vote of the electorate,
  36-20  reinstate the jurisdiction of the governing body during the
  36-21  pendency of any case before the commission involving the
  36-22  municipality.
  36-23        (d)  The commission shall have exclusive appellate
  36-24  jurisdiction to review orders or ordinances of such municipalities
  36-25  as provided in this Act.
   37-1        (e)  The commission shall have exclusive original
   37-2  jurisdiction over electric<, water, and sewer> utility rates,
   37-3  operations, and services not within the incorporated limits of a
   37-4  municipality exercising exclusive original jurisdiction over those
   37-5  rates, operations, and services as provided in this Act.
   37-6        SECTION 15.  Section 19 of the Public Utility Regulatory Act
   37-7  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
   37-8  as follows:
   37-9        Sec. 19.  (a)  The commission by rule shall develop an
  37-10  integrated resource planning process to provide reliable energy
  37-11  service at the lowest reasonable overall cost.  In determining the
  37-12  lowest reasonable overall cost of an electric utility's plan, the
  37-13  commission shall consider, in addition to direct costs, the
  37-14  following:
  37-15              (1)  the effect on the rates and bills of various types
  37-16  of ratepayers;
  37-17              (2)  minimization of the risks of future fuel costs and
  37-18  regulations;
  37-19              (3)  the appropriateness and reliability of the mix of
  37-20  resources; and
  37-21              (4)  the reasonably quantifiable environmental, social,
  37-22  and health costs and benefits accruing to persons other than the
  37-23  utility and its ratepayers.
  37-24        (b)  The commission by rule shall adopt and periodically
  37-25  update a statewide integrated resource report every three years
   38-1  that includes the commission's long-term resource planning goals.
   38-2  The commission shall send the report to the governor when it adopts
   38-3  or revises the report and notify each electric utility of the
   38-4  approval of the statewide report.  The commission shall make the
   38-5  report available to the public.
   38-6        (c)  The report shall include:
   38-7              (1)  historical data for electric consumption statewide
   38-8  and by utility;
   38-9              (2)  historical data for electric generation by utility
  38-10  and by type of capacity, including alternative energy sources;
  38-11              (3)  an inventory of generation capacity statewide and
  38-12  by utility;
  38-13              (4)  quantitative data on demand-side management
  38-14  programs to the extent the commission determines necessary;
  38-15              (5)  each generating utility's forecast without
  38-16  adjustment;
  38-17              (6)  the commission's long-term resource planning goals
  38-18  included in the plan;
  38-19              (7)  a projection of the need for electric services;
  38-20              (8)  a description of the approved individual
  38-21  integrated resource plans of electric utilities; and
  38-22              (9)  an assessment of transmission needs.
  38-23        (d)  In prescribing the requirements under this section,
  38-24  including reporting requirements, the commission shall consider and
  38-25  recognize the different generating capacities of small and large
   39-1  utilities.
   39-2        (e)  Every three years, a generating electric utility shall
   39-3  submit to the commission a preliminary integrated resource plan
   39-4  covering a 10-year period.  The commission by rule:
   39-5              (1)  shall:
   39-6                    (A)  prescribe a staggered schedule for the
   39-7  submission of plans by utilities;
   39-8                    (B)  prescribe the form and manner in which a
   39-9  plan must be submitted;
  39-10                    (C)  adopt filing requirements and schedules;
  39-11                    (D)  prescribe the methods by which a utility may
  39-12  recover supply-side and demand-side costs;
  39-13                    (E)  define the scope and nature of public
  39-14  participation in the development of the plan; and
  39-15                    (F)  establish the general guidelines to be used
  39-16  by utilities in evaluating and selecting or rejecting resources,
  39-17  including procedures governing the solicitation process.
  39-18        (f)  A preliminary plan submitted under this section must
  39-19  include:
  39-20              (1)  the utility's forecast of future demands;
  39-21              (2)  an estimate of the energy savings and demand
  39-22  reduction the utility can achieve during the 10-year period by use
  39-23  of demand-side management resources and the range of possible costs
  39-24  for those resources;
  39-25              (3)  if additional supply-side resources are needed to
   40-1  meet future demand, an estimate of:
   40-2                    (A)  the amount and operational characteristics
   40-3  of the additional capacity needed;
   40-4                    (B)  the types of viable supply-side resources
   40-5  for meeting that need;
   40-6                    (C)  the proposed mix of resources with the
   40-7  lowest reasonable overall cost considering reliability, fuel
   40-8  diversity, impact on bills and rates, and minimization of risk and
   40-9  environmental impact; and
  40-10                    (D)  the range of probable costs of those
  40-11  resources.
  40-12              (4)  proposed requests for proposals for demand-side
  40-13  resources and, if necessary, supply-side resources;
  40-14              (5)  the specific criteria the utility will use to
  40-15  evaluate and select or reject those resources, which criteria may
  40-16  deviate from the general guidelines on a showing of good cause;
  40-17              (6)  the methods by which the utility intends to
  40-18  monitor those resources after selection;
  40-19              (7)  identification of any transmission constraints
  40-20  that may restrict the ability of persons to transmit wholesale
  40-21  power to the utility or from the utility's service area; and
  40-22              (8)  any other information the commission requires.
  40-23        (g)  After a utility files its preliminary plan, the
  40-24  commission on its own motion or on the motion of the utility or of
  40-25  an affected person shall convene a public hearing on the adequacy
   41-1  and merits of the preliminary plan.  At the hearing, any interested
   41-2  person may intervene, present evidence, and cross-examine witnesses
   41-3  regarding the contents and adequacy of the preliminary plan.
   41-4  Discovery is limited to an issue relating to the development of the
   41-5  preliminary plan, a fact issue included in the preliminary plan,
   41-6  and other issues the commission is required to decide relating to
   41-7  the preliminary plan.  A commission hearing is not required for a
   41-8  preliminary plan filed by a river authority or generating electric
   41-9  cooperative that does not intend to build a new generating plant or
  41-10  for a preliminary plan filed by a municipally owned electric
  41-11  utility.
  41-12        (h)  After the hearing, the commission shall determine
  41-13  whether:
  41-14              (1)  the utility's preliminary plan is based on
  41-15  substantially accurate data and an adequate method of forecasting;
  41-16              (2)  the preliminary plan identifies and shows how the
  41-17  utility will achieve any present and potential reductions in the
  41-18  demand for energy that may result from cost-effective measures to
  41-19  improve conservation and energy efficiency in various customer
  41-20  classes of the area being served;
  41-21              (3)  if additional supply-side resources are needed to
  41-22  meet future demand, the preliminary plan adequately demonstrates:
  41-23                    (A)  the amount and operational characteristics
  41-24  of the additional capacity needed;
  41-25                    (B)  the types of viable supply-side resources
   42-1  for meeting that need;
   42-2                    (C)  the range of probable costs of those
   42-3  resources;
   42-4                    (D)  an appropriate mix of resource options that
   42-5  are reliable, diverse, and minimize risk, environmental impact, and
   42-6  adverse effects on bills and rates.
   42-7              (4)  the preliminary plan demonstrates the
   42-8  opportunities for appropriate persons to participate in the
   42-9  development of the preliminary plan;
  42-10              (5)  the specific criteria the utility will use to
  42-11  evaluate and select or reject resources are reasonable and
  42-12  consistent with the guidelines of the integrated resource planning
  42-13  process;
  42-14              (6)  to make recommendations to the utility on the need
  42-15  to build new power lines, upgrade power lines, and make other
  42-16  improvements and additions as necessary to relieve transmission
  42-17  constraints.
  42-18        (i)  Not later than the 180th day after the date the utility
  42-19  files the preliminary plan, the commission shall issue an interim
  42-20  order on the preliminary plan.  The commission shall approve the
  42-21  preliminary plan, modify the preliminary plan, or, if necessary,
  42-22  remand the preliminary plan for additional proceedings.
  42-23        (j)  On approval of the preliminary plan, the utility shall
  42-24  conduct solicitations for demand-side and supply-side resources, as
  42-25  prescribed in the preliminary plan.  In addition to soliciting
   43-1  resources from unaffiliated third parties, the utility may:
   43-2              (1)  prepare and submit a bid of utility demand-side
   43-3  management program as prescribed by Subsection (l) of this section;
   43-4              (2)  receive bids from one or more affiliates; and
   43-5              (3)  request a certificate of convenience and necessity
   43-6  for a new rate-based generating plant.
   43-7        (k)  Each bidder, including the utility and its affiliates,
   43-8  shall submit two copies of its bid to the commission.  The
   43-9  commission shall ensure that the utility has access to all bids at
  43-10  the same time.  The commission shall keep a copy of each bid
  43-11  submitted by the utility or an affiliate to determine whether the
  43-12  utility complied with the criteria established for conduct of the
  43-13  solicitation.  At its discretion, the commission may retain an
  43-14  independent evaluator, to be compensated by means of fees paid by
  43-15  the bidders, to determine whether the utility complied with the
  43-16  criteria established for conduct of the solicitation.  A bid
  43-17  submitted under this subsection or retained under this subsection
  43-18  is confidential and is not subject to disclosure under the open
  43-19  records law, Chapter 552, Government Code.
  43-20        (l)  If a utility wants to use a proposed demand-side
  43-21  management program to meet a need identified in the preliminary
  43-22  plan, the utility must prepare a bid reflecting that resource.  A
  43-23  bid prepared by the utility under this subsection must comply with
  43-24  the solicitation, evaluation, selection, and rejection criteria
  43-25  specified in the preliminary plan.  The utility may not give
   44-1  preferential treatment or consideration to a bid prepared under
   44-2  this subsection.  If a utility anticipates requesting a certificate
   44-3  of convenience and necessity for a new rate-based generating plant,
   44-4  the utility must submit its estimated capital, operating, and fuel
   44-5  costs for the plant to the commission at the same time the bids are
   44-6  submitted.  The cost estimates may be submitted under seal, and if
   44-7  so submitted, are not subject to disclosure under the open records
   44-8  law, Chapter 552, Government Code.  The cost estimates shall be
   44-9  disclosed in any subsequent proceeding in which the utility
  44-10  requests a certificate of convenience and necessity for the plant.
  44-11        (m)  The utility shall evaluate each bid submitted, including
  44-12  a bid for a demand-side management program the utility submitted
  44-13  under Subsection (l) of this section and an affiliate bid, in
  44-14  accordance with the criteria specified in the preliminary plan and
  44-15  shall negotiate necessary contracts.  Bids for demand-side
  44-16  management programs, including those submitted by a utility under
  44-17  subsection (l) of this section, shall state the quantifiable demand
  44-18  reduction that will be achieved with the program and the method
  44-19  that will be used to verify the demand reduction.  If the utility
  44-20  accepts a bid for a demand-side management program the utility
  44-21  submitted under Subsection (l) of this section, the utility shall
  44-22  specify in writing that the utility agrees to provide the
  44-23  demand-side management program in the same manner and under the
  44-24  same terms and conditions the utility would require from a third
  44-25  party, unless the utility can demonstrate to the satisfaction of
   45-1  the commission that a term or condition should not apply.  The
   45-2  utility is not required to accept a bid and may reject any or all
   45-3  bids in accordance with the selection and rejection criteria
   45-4  specified in the preliminary plan.  If the results of the
   45-5  solicitations and contract negotiations do not meet the supply-side
   45-6  needs identified in the preliminary plan, the utility may apply for
   45-7  a certificate of convenience and necessity for a utility-owned
   45-8  resource addition notwithstanding the fact a solicitation was
   45-9  conducted and the addition was not included in the approved
  45-10  preliminary plan.
  45-11        (n)  After conducting the solicitations and negotiating the
  45-12  contracts, the utility shall submit to the commission a proposed
  45-13  final integrated resource plan.  The proposed final plan must
  45-14  include:
  45-15              (1)  the results of the solicitations;
  45-16              (2)  the contracts for resources;
  45-17              (3)  the terms and conditions under which the utility
  45-18  will provide a demand-side management program to meet a need
  45-19  identified in the preliminary plan, if the utility accepts a bid
  45-20  submitted under Subsection (l) of this section; and
  45-21              (4)  an application for a certificate of convenience
  45-22  and necessity, if necessary.
  45-23        (o)  After a utility files its proposed final plan, the
  45-24  commission on its own motion or on the motion of the utility or of
  45-25  an affected person shall convene a public hearing on the adequacy
   46-1  and cost-effectiveness of the proposed final plan.  At the hearing,
   46-2  any interested person may intervene, present evidence, and
   46-3  cross-examine witnesses regarding the contents and adequacy of the
   46-4  proposed final plan.  Parties will not be allowed to relitigate or
   46-5  conduct discovery on issues that have been resolved in the
   46-6  commission's interim order on the preliminary plan.  A commission
   46-7  hearing is not required for a proposed final plan filed by a river
   46-8  authority or generating electric cooperative that does not intend
   46-9  to build a new generating plant or for a proposed final plan filed
  46-10  by a municipally owned electric utility.
  46-11        (p)  After the hearing, the commission shall determine
  46-12  whether:
  46-13              (1)  the utility's proposed final plan was developed in
  46-14  accordance with the preliminary plan and commission rules;
  46-15              (2)  the resource solicitations, evaluations,
  46-16  selections, and rejections were conducted in accordance with the
  46-17  criteria included in the preliminary plan;
  46-18              (3)  the proposed final plan is the resource mix with
  46-19  the lowest reasonable overall cost considering reliability, fuel
  46-20  diversity, impact on bills and rates, and minimization of risk and
  46-21  environmental impact;
  46-22              (4)  the commission should certify the contracts and
  46-23  any utility bids submitted under Subsection (l) of this section
  46-24  that resulted from the solicitations; and
  46-25              (5)  the commission should grant a requested
   47-1  certificate of convenience and necessity for a utility-owned
   47-2  resource addition.
   47-3        (q)  In determining whether to certify a contract that
   47-4  results from the solicitations, the commission shall consider the
   47-5  reliability, financial condition, and safety of that resource
   47-6  contract and whether the solicitation, evaluation, and selection of
   47-7  that resource contract was conducted in accordance with the
   47-8  criteria included in the preliminary plan.  Commission
   47-9  certification of a resource contract does not negate the necessity
  47-10  of the resource to comply with all applicable environmental and
  47-11  siting regulations.
  47-12        (r)  In determining whether to certify a bid for a
  47-13  demand-side management program submitted under Subsection (l) of
  47-14  this section, the commission, in addition to the determinations
  47-15  required under Subsection (q) of this section, shall determine
  47-16  whether the utility has agreed in writing to provide the resource
  47-17  in the same manner and under the same terms and conditions the
  47-18  utility would require from a third party, provided that the
  47-19  commission may waive application of a term or condition on a
  47-20  showing of good cause.
  47-21        (s)  In determining whether to grant a requested certificate
  47-22  of convenience and necessity, the commission shall consider the
  47-23  effect of the granting of a certificate on the recipient of the
  47-24  certificate and on any public utility of the same kind already
  47-25  serving the proximate area.  The commission shall also consider
   48-1  other factors such as community values, recreational and park
   48-2  areas, historical and aesthetic values, environmental integrity,
   48-3  and the probable improvement of service or lowering of cost to
   48-4  consumers in that area if the certificate is granted.  The
   48-5  commission shall grant the certificate as part of the approval of
   48-6  the final plan if it finds that:
   48-7              (1)  the proposed addition is necessary under the final
   48-8  plan;
   48-9              (2)  the proposed addition is the best and most
  48-10  economical choice of technology for that service area; and
  48-11              (3)  cost-effective conservation and other
  48-12  cost-effective alternative energy sources cannot reasonably meet
  48-13  the need.
  48-14        (t)  Not later than the 180th day after the date the utility
  48-15  files the proposed final plan, the commission shall issue a final
  48-16  order on the plan.  The commission shall approve the proposed final
  48-17  plan, modify the proposed final plan, or, if necessary, remand the
  48-18  proposed final plan for additional proceedings.
  48-19        (u)  Consistent with the objectives of its last-approved
  48-20  integrated resource plan, a utility may add new or incremental
  48-21  resources outside the solicitation process such as:
  48-22              (1)  contract renegotiations for existing capacity from
  48-23  non-affiliated power generating facilities;
  48-24              (2)  non-affiliated demand-side management programs or
  48-25  renewable resources;
   49-1              (3)  capacity purchases with terms of two years or less
   49-2  from non-affiliated power suppliers or capacity purchases necessary
   49-3  to satisfy unanticipated emergency conditions;
   49-4              (4)  the exercise of an option in a purchase power
   49-5  contract with an unaffiliated supplier; or
   49-6              (5)  renewable distributed resources, located at or
   49-7  near the point of consumption, or geographically targeted DSM
   49-8  programs, if they are less costly than transmission extensions or
   49-9  upgrades.
  49-10        (v)  In addition to its other authority and responsibility
  49-11  under this section, the commission shall establish rules and
  49-12  guidelines that will promote the development of renewable energy
  49-13  technologies consistent with the guidelines of the integrated
  49-14  resource planning process.
  49-15        (w)  In this section, "utility" includes a municipally owned
  49-16  utility.
  49-17        (x)  The commission may impose limits on the cost of a
  49-18  resource addition that may be included in the utility's invested
  49-19  capital, for ratemaking purposes, based on the capital, operating,
  49-20  and fuel costs relied on by the commission in approving the
  49-21  utility's certificate of convenience and necessity.  In the event
  49-22  the commission imposes a limit on the cost of a resource addition
  49-23  pursuant to this subsection, the utility shall not be subject to a
  49-24  ratemaking disallowance relating to its expenditures on such
  49-25  resource addition up to and including the amount of the cost
   50-1  limitation and, if the actual construction cost of the resource
   50-2  addition is less than the commission-imposed cost limitation, the
   50-3  utility shall be entitled to retain the difference between the
   50-4  commission-imposed cost limitation and the actual cost to construct
   50-5  the resource addition.
   50-6        (y)  The commission shall permit utilities to recover costs
   50-7  associated with demand-side management programs only as follows:
   50-8              (1)  Demand-side management costs directly related to
   50-9  customer participation and those costs with a useful life shall be
  50-10  capitalized and amortized over an appropriate period determined by
  50-11  the Commission.  A utility shall be permitted to recover and earn a
  50-12  return on that investment which is prudently incurred.  In making
  50-13  this determination, the utility's administration of the demand-side
  50-14  management program or contract and the quantifiable, verified,
  50-15  cost-effective energy savings that have been achieved shall be
  50-16  taken into consideration.
  50-17              (2)  The commission shall establish a balancing account
  50-18  for expenses directly associated with demand-side management
  50-19  programs that have been approved in a utility's most recent
  50-20  integrated resource plan and have not been capitalized.  The
  50-21  commission shall assure that the account includes only those costs
  50-22  that are in excess of the costs associated with demand-side
  50-23  management programs that are already included in a utility's base
  50-24  rates.  The balancing account shall be reconciled in a utility's
  50-25  base rate case and the utility shall be permitted to recover in
   51-1  rates only those costs that are reasonable and necessary.  In
   51-2  making this determination, the utility's administration of the
   51-3  demand-side management program or contract and the quantifiable,
   51-4  verified, cost-effective energy savings that have been achieved
   51-5  shall be taken into consideration.
   51-6              (3)  Allocation of demand-side management program costs
   51-7  shall be determined in the utility's base rate case.  Interclass
   51-8  and intraclass subsidies shall be eliminated to the extent
   51-9  reasonably practical.
  51-10        SECTION 16.  Section 28 of the Public Utility Regulatory Act
  51-11  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  51-12  as follows:
  51-13        Sec. 28.  POWERS OF COMMISSION.  (a)  The commission shall
  51-14  have the power to:
  51-15              (1)  require that public utilities report to it such
  51-16  information relating to themselves and affiliated interests both
  51-17  within and without the State of Texas as it may consider useful in
  51-18  the administration of this Act;
  51-19              (2)  establish forms for all reports;
  51-20              (3)  determine the time for reports and the frequency
  51-21  with which any reports are to be made;
  51-22              (4)  require that any reports be made under oath;
  51-23              (5)  require that a copy of any contract or arrangement
  51-24  between any public utility and any affiliated interest be filed
  51-25  with it.  It may require any such contract or arrangement not in
   52-1  writing to be reduced to writing and filed with it;
   52-2              (6)  require that a copy of any report filed with any
   52-3  federal agency or any governmental agency or body of any other
   52-4  state be filed with it;
   52-5              (7)  require that a copy of annual reports showing all
   52-6  payments of compensation (other than salary or wages subject to the
   52-7  withholding of federal income tax) to residents of Texas, or with
   52-8  respect to legal, administrative, or legislative matters in Texas,
   52-9  or for representation before the Texas Legislature or any
  52-10  governmental agency or body; and
  52-11              <(8)  the railroad commission shall have the power to
  52-12  review and approve, for purposes of the Outer Continental Shelf
  52-13  Lands Act Amendments of 1978 and any other federal authorities,
  52-14  applications by gas utilities for the purchase of natural gas from
  52-15  producing affiliates.>
  52-16        (b)  On the request of the governing body of any
  52-17  municipality, the commission may provide sufficient staff members
  52-18  to advise and consult with such municipality on any pending matter.
  52-19       ARTICLE VI.  PROCEEDINGS BEFORE THE REGULATORY AUTHORITY
  52-20        SECTION 17.  Section 37A of the Public Utility Regulatory Act
  52-21  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  52-22  as follows:
  52-23        Sec. 37A.  (a)  An electric cooperative corporation that
  52-24  provides retail electric utility service at distribution voltage is
  52-25  exempt from rate regulation if a majority of the members voting in
   53-1  an election on the deregulation of the electric cooperative vote to
   53-2  approve the exemption and the electric cooperative sends notice of
   53-3  the action to each applicable regulatory authority.  An electric
   53-4  cooperative that wants to hold an election under this section shall
   53-5  send a ballot by mail to each electric cooperative member.  The
   53-6  electric cooperative may include the ballot in a monthly billing.
   53-7  The ballot shall provide for voting for or against rate
   53-8  deregulation of the electric cooperative.  If the proposition is
   53-9  approved, the electric cooperative shall send each ballot to the
  53-10  commission not later than the 10th day after the date the electric
  53-11  cooperative counts the ballots.  Based on the ballots received, the
  53-12  commission shall administratively certify that the electric
  53-13  cooperative is or is not deregulated for rate-making purposes.  An
  53-14  electric cooperative may not hold another election on the issues of
  53-15  being exempt from rate regulation before the first anniversary of
  53-16  the most recent election on the issue.  Subsections (b) through (n)
  53-17  of this section apply to an electric cooperative that has elected
  53-18  to be exempt from rate regulation.
  53-19        (b)  No regulatory authority shall fix and regulate the rates
  53-20  of an electric cooperative that has made an election under this
  53-21  section to be exempt from rate regulation except as provided for
  53-22  the commission in Subsections (g) and (i) of this section.
  53-23  Notwithstanding Subsection (a) of Section 17 of this Act, the
  53-24  commission has exclusive original jurisdiction in all of the
  53-25  electric cooperative's service area in a proceeding initiated under
   54-1  Subsection (g) or (i) of this section.
   54-2        (c)  An electric cooperative may change its rates by:
   54-3              (1)  adopting a resolution approving the proposed
   54-4  change;
   54-5              (2)  mailing notice of the proposed change to:
   54-6                    (A)  the commission;
   54-7                    (B)  each affected municipality;
   54-8                    (C)  each affected customer, which notice may be
   54-9  included in a monthly billing; and
  54-10                    (D)  each electric utility providing retail
  54-11  service in the electric cooperative's service area or in the
  54-12  adjoining service area; and
  54-13              (3)  making available at each of the electric
  54-14  cooperative's business offices for review by all interested persons
  54-15  a cost-of-service study that:
  54-16                    (A)  is not more than five years old at the time
  54-17  the electric cooperative adopts rates under this subsection; and
  54-18                    (B)  bears the certification of a professional
  54-19  engineer or certified public accountant.
  54-20        (d)(1)  The notice required by Subsection (c) of this section
  54-21  must contain the following information:
  54-22                    (A)  the increase or decrease in total operating
  54-23  revenues over actual test year revenues or over test year revenues
  54-24  adjusted to annualize the recovery of changes in the cost of
  54-25  purchased electricity, stated both as a dollar amount and as a
   55-1  percentage;
   55-2                    (B)  the classes of utility customers affected
   55-3  and the creation and application of any new rate classes;
   55-4                    (C)  the increase or decrease for each class
   55-5  stated as a percentage of actual test revenues for the class or of
   55-6  test year revenues for the class adjusted to annualize the recovery
   55-7  of changes in the cost of purchased electricity;
   55-8                    (D)  a statement that the commission may review
   55-9  the rate change if the commission receives a petition in accordance
  55-10  with Subsection (g) of this section;
  55-11                    (E)  the address and telephone number of the
  55-12  commission;
  55-13                    (F)  a statement that a customer opposed to the
  55-14  rate change should notify the electric cooperative in writing of
  55-15  the person's opposition and should provide a return address; and
  55-16                    (G)  a statement that members may review a copy
  55-17  of any written opposition the electric cooperative receives.
  55-18              (2)  The electric cooperative may not be required to
  55-19  include additional information in the notice.
  55-20        (e)  The electric cooperative shall make available for review
  55-21  by a member of the cooperative at each of the electric
  55-22  cooperative's business offices a copy of any written opposition to
  55-23  the rate change the electric cooperative receives.
  55-24        (f)  The electric cooperative shall file tariffs with the
  55-25  commission.  If the electric cooperative complies with Subsection
   56-1  (c) of this section, the commission shall approve the tariffs not
   56-2  later than the 10th day after the 60-day period prescribed by
   56-3  Subsection (g) of this section expires, unless a review is required
   56-4  under Subsection (g) or (i) of this section.  If the tariffs are
   56-5  approved or if a review is not required and the commission fails to
   56-6  act during the period prescribed by this subsection, the change in
   56-7  rates takes effect on the 70th day after the date on which the
   56-8  electric cooperative first complies with all requirements of
   56-9  Subsection (c) of this section or on a later date determined by the
  56-10  electric cooperative.  Except as provided by Subsections (g) and
  56-11  (i) of this section, the rates of the electric cooperative are not
  56-12  subject to review.
  56-13        (g)  The commission shall review a change in rates under this
  56-14  section if, not later than the 60th day after the date the electric
  56-15  cooperative first complies with all requirements of Subsection (c)
  56-16  of this section, the commission receives a petition requesting
  56-17  review signed by:
  56-18              (1)  at least 10 percent of the members of the electric
  56-19  cooperative;
  56-20              (2)  members of the electric cooperative who purchased
  56-21  more than 50 percent of the electric cooperative's annual energy
  56-22  sales to a customer class in the test year, provided that the
  56-23  petition includes a certification of the purchases; or
  56-24              (3)  an executive officer of an affected electric
  56-25  utility, provided that the petition prescribes the particular class
   57-1  or classes for which a review is requested.
   57-2        (h)  When a person files a petition under Subsection (g) of
   57-3  this section, the person shall notify the electric cooperative in
   57-4  writing of the action.
   57-5        (i)  The commission may on its own motion review the rates of
   57-6  an electric cooperative if the commission first finds that there is
   57-7  good cause to believe that the electric cooperative is earning more
   57-8  than a reasonable return on overall system revenues or on revenue
   57-9  from a rate class.
  57-10        (j)  The commission shall conduct a review under Subdivision
  57-11  (1) or (2) of Subsection (g) of this section or under Subsection
  57-12  (i) of this section in accordance with Section 43 of this Act and
  57-13  the other applicable rate-setting principles of Article VI of this
  57-14  Act, except that:
  57-15              (1)  the period for review does not begin until the
  57-16  electric cooperative files a rate-filing package as required by
  57-17  commission rules;
  57-18              (2)  the proposed change may not be suspended during
  57-19  the pendency of the review; however, the electric cooperative shall
  57-20  refund or credit against future bills all sums collected in excess
  57-21  of the rate finally set by the commission, if the commission so
  57-22  orders; and
  57-23              (3)  the electric cooperative shall observe the rates
  57-24  set by the commission until the rates are changed as provided by
  57-25  this section or by other sections of this Act.
   58-1        (k)  For a review conducted under Subdivision (3) of
   58-2  Subsection (g) of this section, the electric cooperative shall file
   58-3  with the commission a copy of the cost-of-service study required
   58-4  under Subsection (c)(3) of this section not later than the 10th day
   58-5  after the date the electric cooperative receives from the affected
   58-6  electric utility notice that a petition has been filed.  The
   58-7  commission shall determine for each class for which review has been
   58-8  requested the annual cost of providing service to the class, as
   58-9  stated in the electric cooperative's cost-of-service study, and the
  58-10  revenues for the class that would be produced by multiplying the
  58-11  rate set by the electric cooperative by the annual billing units
  58-12  for the class, as stated in the cost-of-service study.  If the
  58-13  electric cooperative proposes a rate class solely for a new
  58-14  customer, the electric cooperative shall estimate the reasonable
  58-15  annual cost of providing service to the class, and the electric
  58-16  cooperative shall base class revenues on reasonable estimates of
  58-17  billing units.
  58-18        (l)  The rate for each class for which review has been
  58-19  requested under Subdivision (3) of Subsection (g) of this section
  58-20  is suspended during the pendency of the review.  The commission
  58-21  shall dismiss the petition and approve the rates if the revenues
  58-22  for the class are equal to or greater than the cost of providing
  58-23  service to the class.  The commission shall disapprove the rate if
  58-24  the revenues for the class are less than the cost of providing
  58-25  service to the class; however, this action does not affect
   59-1  reconsideration of the rate as a part of any subsequent rate-making
   59-2  proceeding.  The rate adopted by the electric cooperative is deemed
   59-3  approved and may be placed into effect if the commission fails to
   59-4  make its final determination administratively not later than the
   59-5  45th day after the date the electric cooperative files its
   59-6  cost-of-service study.
   59-7        (m)  Except as provided by Subsection (a) of this section,
   59-8  the members of an electric cooperative may at any time revoke the
   59-9  electric cooperative's election to be exempt from rate regulation
  59-10  or elect to again be exempt from rate regulation by majority vote
  59-11  of the members voting.
  59-12        (n)  This section does not affect the application of other
  59-13  provisions of this Act not directly related to rates or to the
  59-14  authority of the commission to require an electric cooperative to
  59-15  file reports required under this Act or rules adopted by the
  59-16  commission.  A service fee or a service rule or regulation set by
  59-17  the electric cooperative under this section must comply with
  59-18  commission rules applicable to all electric utilities.  The
  59-19  commission may determine whether an electric cooperative has
  59-20  unlawfully charged, collected, or received a rate for electric
  59-21  utility service.
  59-22        SECTION 18.  Section 39 of the Public Utility Regulatory Act
  59-23  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  59-24  as follows:
  59-25        Sec. 39.  FIXING OVERALL REVENUES.  (a)  In fixing the rates
   60-1  of a public utility the regulatory authority shall fix its overall
   60-2  revenues at a level which will permit such utility a reasonable
   60-3  opportunity to earn a reasonable return on its invested capital
   60-4  used and useful in rendering service to the public over and above
   60-5  its reasonable and necessary operating expenses.
   60-6        (b)  In fixing a reasonable return on invested capital, the
   60-7  regulatory authority shall consider, in addition to other
   60-8  applicable factors, efforts to comply with the utility's most
   60-9  recent approved integrated resource <statewide energy> plan, the
  60-10  efforts and achievements of such utility in the conservation of
  60-11  resources, the quality of the utility's services, the efficiency of
  60-12  the utility's operations, and the quality of the utility's
  60-13  management.
  60-14        ARTICLE VII.  CERTIFICATES OF CONVENIENCE AND NECESSITY
  60-15        SECTION 19.  Section 54 of the Public Utility Regulatory Act
  60-16  (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
  60-17  as follows:
  60-18        Sec. 54.  Notice and hearing; issuance or refusal; factors
  60-19  considered; filing of notice of intent by electric utilities; time
  60-20  for approval or denial of new transmission facilities.
  60-21        (a)  When an application for a certificate of public
  60-22  convenience and necessity is filed, the commission shall give
  60-23  notice of such application to interested parties and, if requested,
  60-24  shall fix a time and place for a hearing and give notice of the
  60-25  hearing.  Any person interested in the application may intervene at
   61-1  the hearing.
   61-2        (b)  Except for certificates for prior operations granted
   61-3  under Section 53, the commission may grant applications and issue
   61-4  certificates only if the commission finds that the certificate is
   61-5  necessary for the service, accommodation, convenience, or safety of
   61-6  the public.  The commission may issue the certificate as prayed
   61-7  for, or refuse to issue it, or issue it for the construction of a
   61-8  portion only of the contemplated system or facility or extension
   61-9  thereof, or for the partial exercise only of the right or
  61-10  privilege.
  61-11        (c)  Certificates of convenience and necessity shall be
  61-12  granted on a nondiscriminatory basis after consideration by the
  61-13  commission of the adequacy of existing service, the need for
  61-14  additional service, the effect of the granting of a certificate on
  61-15  the recipient of the certificate and on any public utility of the
  61-16  same kind already serving the proximate area, and on such factors
  61-17  as community values, recreational and park areas, historical and
  61-18  aesthetic values, environmental integrity, and the probable
  61-19  improvement of service or lowering of cost to consumers in such
  61-20  area resulting from the granting of such certificate.
  61-21        (d)  This section does not apply to a certificate of
  61-22  convenience and necessity for an electric generating plant that is
  61-23  requested under Section 19 of this Act.  The commission may grant a
  61-24  certificate of convenience and necessity for an electric generating
  61-25  plant only in accordance with Section 19 of this Act, and only if
   62-1  the utility has submitted its estimated capital, operating, and
   62-2  fuel costs for the plant in accordance with Section 19(l) of this
   62-3  Act.  <In addition to the requirements of this section, an electric
   62-4  utility applying for certificate of convenience and necessity for a
   62-5  new generating plant must first file a notice of intent to file an
   62-6  application for certification.>
   62-7              <(1)  The notice of intent shall set out alternative
   62-8  methods considered to help meet the electrical needs, related
   62-9  electrical facilities, and the advantages and disadvantages of the
  62-10  alternatives.  In addition, the notice shall indicate compatibility
  62-11  with the most recent long-term forecast provided in this Act.>
  62-12              <(2)  The commission shall conduct a hearing on the
  62-13  notice of intent to determine the appropriateness of the proposed
  62-14  generating plant as compared to the alternatives and shall issue a
  62-15  report on its findings.  In conjunction with the issuance of the
  62-16  report, the commission shall render a decision approving or
  62-17  disapproving the notice.  Such decision shall be rendered within
  62-18  180 days from the date of filing the notice of intent>.
  62-19        (e)  <On approval of the notice of intent, a utility may
  62-20  apply for certification for a generating plant, site, and site
  62-21  facilities no later than 12 months before construction is to
  62-22  commence.>
  62-23              <(1)  The application for certification shall contain
  62-24  such information as the commission may require to justify the
  62-25  proposed generating plant, site, and site facilities and to allow a
   63-1  determination showing compatibility with the most recent forecast.>
   63-2              <(2)  Certificates of convenience and necessity shall
   63-3  be granted on a nondiscriminatory basis if the commission finds
   63-4  that the proposed new plant is required under the service area
   63-5  forecast, that it is the best and most economical choice of
   63-6  technology for that service area as compatible with the
   63-7  commission's forecast, and that conservation and alternative energy
   63-8  sources cannot meet the need.>
   63-9        <(f)>  If the application for a certificate of convenience
  63-10  and necessity involves new transmission facilities, the commission
  63-11  shall approve or deny the application within one year after the
  63-12  date the application is filed.  If the commission does not approve
  63-13  or deny the application before this deadline, any party may seek a
  63-14  writ of mandamus in a district court of Travis County to compel the
  63-15  commission to make a decision on the application.
  63-16        Sec. 55.  Area Included Within City, Town or Village.  No
  63-17  change.
  63-18        Sec. 56.  Contracts Valid and Enforceable.  No change.
  63-19        Sec. 57.  Preliminary Order for Certificate.  No change.
  63-20        Sec. 58.  Continuous and Adequate Service; Discontinuance,
  63-21  Reduction or Impairment of Service.  No change.
  63-22        Sec. 58A.  Conditions requiring refusal of service.  No
  63-23  change.
  63-24        Sec. 59.  Sale, Assignment or Lease of Certificate.  No
  63-25  change.
   64-1        Sec. 60.  Interference with Other Public Utility.  No change.
   64-2        Sec. 61.  Improvements in Service; Interconnecting Service;
   64-3  Extended Area Toll-free Telephone Service.  No change.
   64-4        Sec. 62.  Revocation or Amendment of Certificate.  (a)  The
   64-5  commission at any time after notice and hearing may revoke or amend
   64-6  any certificate of convenience and necessity if it finds that the
   64-7  certificate holder has never provided or is no longer providing
   64-8  service in the area, or part of the area, covered by the
   64-9  certificate.
  64-10        (b)  When the certificate of any public utility is revoked or
  64-11  amended, the commission may require one or more public utilities to
  64-12  provide service in the area in question.
  64-13        (c)  The commission may revoke a certificate for a generating
  64-14  plant under construction if the commission finds that construction
  64-15  of the plant is no longer the lowest-cost option, taking into
  64-16  consideration the cost to complete the plant relative to other
  64-17  alternatives, and finds that it is no longer in the public
  64-18  interest.  The burden of proof in a proceeding to revoke a
  64-19  certificate under this section is on the party contending that the
  64-20  certificate should be revoked.  The commission shall ensure that
  64-21  the utility is made whole for all prudent expenditures associated
  64-22  with the planning, design, construction, cancellation, and
  64-23  dismantlement of the plant.
  64-24              ARTICLE VIII.  SALE OF PROPERTY AND MERGERS
  64-25        Sec. 63.  Report of Sale, Merger, etc.; Investigation;
   65-1  Disallowance of Transaction.  No change.
   65-2        Sec. 64.  Purchase of Voting Stock in Another Public Utility:
   65-3  Report.  No change.
   65-4        Sec. 65.  Loans to Stockholders:  Report.  No change.
   65-5        Sec. 66.  Repealed by Acts 1983, 68th Leg., p. 1222, ch. 263,
   65-6  Sec. 25, eff. Sept. 1, 1983.
   65-7           ARTICLE IX.  RELATIONS WITH AFFILIATED INTERESTS
   65-8        Sec. 67.  Jurisdiction Over Affiliated Interests.  No change.
   65-9        Sec. 68.  Disclosure of Substantial Interest in Voting
  65-10  Securities.  No change.
  65-11                      ARTICLE X.  JUDICIAL REVIEW
  65-12        Sec. 69.  Right to Judicial Review; Evidence; Commission as
  65-13  Party Defendant.  No change.
  65-14        Sec. 70.  Costs and Attorney's Fees.  No change.
  65-15                ARTICLE XI.  VIOLATIONS AND ENFORCEMENT
  65-16        Sec. 71.  Action to Enjoin or Require Compliance.  No change.
  65-17        <Sec. 71A.  Receivership.  (a)  At the request of the
  65-18  commission, the attorney general shall bring suit for the
  65-19  appointment of a receiver to collect the assets and carry on the
  65-20  business of a water or sewer utility that violates a final order of
  65-21  the commission or allows any property owned or controlled by it to
  65-22  be used in violation of a final order of the commission.>
  65-23        <(b)  The court shall appoint a receiver if such appointment
  65-24  is necessary to guarantee the collection of assessments, fees,
  65-25  penalties, or interest, to guarantee continued service to the
   66-1  customers of the utility, or to prevent continued or repeated
   66-2  violation of the final order.>
   66-3        <(c)  The receiver shall execute a bond to assure the proper
   66-4  performance of the receiver's duties in an amount to be set by the
   66-5  court.>
   66-6        <(d)  After appointment and execution of bond the receiver
   66-7  shall take possession of the assets of the utility specified by the
   66-8  court.  Until discharged by the court, the receiver shall perform
   66-9  the duties that the court directs to preserve the assets and carry
  66-10  on the business of the utility and shall strictly observe the final
  66-11  order involved.>
  66-12        <(e)  Upon a showing of good cause by the utility, the court
  66-13  may dissolve the receivership and order the assets and control of
  66-14  the business returned to the utility.>
  66-15        <Sec. 71B.  ><Payment of Costs of Receivership><.  The receiver
  66-16  may, subject to the approval of the court and after giving notice
  66-17  to all interested parties, sell or otherwise dispose of real or
  66-18  personal property, or any part thereof, of a water or sewer utility
  66-19  against which a proceeding has been brought under this article for
  66-20  the purpose of paying for the costs incurred in the operation of
  66-21  the receivership.  Said costs shall include but are not limited to
  66-22  the payment of fees to the receiver for his services; payment of
  66-23  fees to attorneys, accountants, engineers, or any other person or
  66-24  entity which provides goods or services necessary to the operation
  66-25  of the receivership; payment of costs incurred in ensuring any
   67-1  property owned or controlled by a water or sewer utility is not
   67-2  used in violation of a final order of the commission.>
   67-3        Sec. 72.  Penalty Against Public Utility or Affiliated
   67-4  Interest.  (a)  Any public utility, <water supply or sewer service
   67-5  corporation,> customer-owned pay telephone service provider for
   67-6  purposes of Section 93A of this Act, or affiliated interest that
   67-7  knowingly violates a provision of this Act, fails to perform a duty
   67-8  imposed on it, or fails, neglects, or refuses to obey an order,
   67-9  rule, regulation, direction, or requirement of the commission or
  67-10  decree or judgment of a court, shall be subject to a civil penalty
  67-11  of not less than $1,000 nor more than $5,000 for each offense.
  67-12        (b)  A public utility, <water supply or sewer service
  67-13  corporation,> or affiliated interest commits a separate offense
  67-14  each day it continues to violate the provisions of Subsection (a)
  67-15  of this section.
  67-16        (c)  The attorney general shall institute suit on his own
  67-17  initiative or at the request of, in the name of, and on behalf of
  67-18  the commission, in a court of competent jurisdiction to recover the
  67-19  penalty under this section.
  67-20        Sec. 73.  Penalty for Violating Section 6 of This Act.  No
  67-21  change.
  67-22        <Sec. 73A.  Civil Penalty for Violations Resulting in
  67-23  Pollution.  (a)  If a public utility or any other person or
  67-24  corporation under the jurisdiction of the railroad commission
  67-25  pursuant to this Act violates this Act and the violation results in
   68-1  pollution of the air or water of this state or poses a threat to
   68-2  the public safety, the public utility or any other person may be
   68-3  assessed a civil penalty by the railroad commission.>
   68-4        <(b)  The penalty may not exceed $10,000 a day for each
   68-5  violation.  Each day a violation continues may be considered a
   68-6  separate violation for purposes of penalty assessments.>
   68-7        <(c)  In determining the amount of the penalty, the railroad
   68-8  commission shall consider the public utility's, person's, or
   68-9  corporation's history of previous violations of this Act, the
  68-10  seriousness of the violation, any hazard to the health or safety of
  68-11  the public, and the demonstrated good faith of the permittee or
  68-12  public utility, person, or corporation charged.>
  68-13        <(d)  A civil penalty may be assessed only after the public
  68-14  utility, person, or corporation charged with a violation described
  68-15  under Subsection (a) of this section has been given an opportunity
  68-16  for a public hearing.>
  68-17        <(e)  If a public hearing has been held, the railroad
  68-18  commission shall make findings of fact, and it shall issue a
  68-19  written decision as to the occurrence of the violation and the
  68-20  amount of the penalty that is warranted, incorporating, when
  68-21  appropriate, an order requiring that the penalty be paid.>
  68-22        <(f)  If appropriate, the railroad commission shall
  68-23  consolidate the hearings with other proceedings under this Act.>
  68-24        <(g)  If the public utility, person, or corporation charged
  68-25  with the violation fails to avail itself of the opportunity for a
   69-1  public hearing, a civil penalty may be assessed by the railroad
   69-2  commission after it has determined that a violation did occur and
   69-3  the amount of the penalty that is warranted.>
   69-4        <(h)  The railroad commission shall then issue an order
   69-5  requiring that the penalty be paid.>
   69-6        <(i)  On the issuance of an order finding that a violation
   69-7  has occurred, the railroad commission shall inform the public
   69-8  utility, person, or corporation charged within 30 days of the
   69-9  amount of the penalty.>
  69-10        <(j)  Within the 30-day period immediately following the day
  69-11  on which the decision or order is final as provided in Section
  69-12  16(c), Administrative Procedure and Texas Register Act (Article
  69-13  6252-13a, Vernon's Texas Civil Statutes), the public utility,
  69-14  person, or corporation charged with the penalty shall:>
  69-15              <(1)  pay the penalty in full; or>
  69-16              <(2)  if the public utility, person, or corporation
  69-17  seeks judicial review of either the amount of the penalty or the
  69-18  fact of the violation, or both:>
  69-19                    <(A)  forward the amount to the railroad
  69-20  commission for placement in an escrow account; or>
  69-21                    <(B)  in lieu of payment into escrow, post a
  69-22  supersedeas bond with the railroad commission under the following
  69-23  conditions.  If the decision or order being appealed is the first
  69-24  final railroad commission decision or order assessing any
  69-25  administrative penalty against the public utility, person, or
   70-1  corporation, the railroad commission shall accept a supersedeas
   70-2  bond.  In the case of appeal of any subsequent decision or order
   70-3  assessing any administrative penalty against the public utility,
   70-4  person, or corporation, regardless of the finality of judicial
   70-5  review of any previous decision or order, the railroad commission
   70-6  may accept a supersedeas bond.  Each supersedeas bond shall be for
   70-7  the amount of the penalty and in a form approved by the railroad
   70-8  commission and shall stay the collection of the penalty until all
   70-9  judicial review of the decision or order is final.>
  70-10        <(k)  If through judicial review of the decision or order it
  70-11  is determined that no violation occurred or that the amount of the
  70-12  penalty should be reduced or not assessed, the railroad commission
  70-13  shall, within the 30-day period immediately following that
  70-14  determination, if the penalty has been paid to the railroad
  70-15  commission, remit the appropriate amount to the public utility,
  70-16  person, or corporation with accrued interest, or where a
  70-17  supersedeas bond has been posted, the railroad commission shall
  70-18  execute a release of such bond.>
  70-19        <(l)  Failure to forward the money to the railroad commission
  70-20  within the time provided by Subsection (j) of this section results
  70-21  in a waiver of all legal rights to contest the violation or the
  70-22  amount of the penalty.>
  70-23        <(m)  Civil penalties owed under this section may be
  70-24  recovered in a civil action brought by the attorney general at the
  70-25  request of the railroad commission.>
   71-1        <(n)  Judicial review of the order or decision of the
   71-2  railroad commission assessing the penalty shall be under the
   71-3  substantial evidence rule and shall be instituted by filing a
   71-4  petition with the district court of Travis County, Texas, and not
   71-5  elsewhere, as provided for in Section 19, Administrative Procedure
   71-6  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   71-7  Statutes).>
   71-8        Sec. 74.  Personal Penalty.  No change.
   71-9        Sec. 75.  Contempt Proceedings.  No change.
  71-10        Sec. 76.  Disposition of Fines and Penalties.  No change.
  71-11        Sec. 77.  Venue.  No change.
  71-12                  ARTICLE XII.  COMMISSION FINANCING
  71-13        Sec. 78.  Assessments Upon Public Utilities.  An assessment
  71-14  is hereby imposed upon each public utility within the commission's
  71-15  jurisdiction, including interexchange telecommunications carriers,
  71-16  serving the ultimate consumer equal to one-sixth of one percent of
  71-17  its gross receipts from rates charged the ultimate consumers in
  71-18  Texas for the purpose of defraying the costs and expenses incurred
  71-19  in the administration of this Act.  The legislature may <Thereafter
  71-20  the commission shall, subject to the approval of the Legislature,>
  71-21  adjust this assessment to provide a level of income sufficient to
  71-22  fund the commission and the office of public utility counsel.
  71-23  Nothing in this Act or any other provision of law shall prohibit
  71-24  interexchange telecommunications carriers who do not provide local
  71-25  exchange telephone service from collecting the fee imposed under
   72-1  this Act as an additional item separately stated on the customer
   72-2  bill as "Utility Gross Receipts Assessment."
   72-3        Sec. 79.  Payment Dates; Delinquency.  No change.
   72-4        Sec. 79A.  Payment of Assessments.  No change.
   72-5        Sec. 80.  Collection and Payment into General Revenue Fund.
   72-6  All fees, penalties, and interest paid under the provisions of
   72-7  Sections 78 and 79 of this article shall be collected by the
   72-8  comptroller of public accounts and paid into the general revenue
   72-9  fund.  <The commission shall notify the comptroller of public
  72-10  accounts of any adjustment of the assessment imposed in Section 78
  72-11  when made.>
  72-12        Sec. 81.  Approval of Budget.  No change.
  72-13        Sec. 82.  Accounting Records; Audit.  No change.
  72-14                ARTICLE XIII.  MISCELLANEOUS PROVISIONS
  72-15        Sec. 83.  Complaint by Any Affected Person.  (a)  Any
  72-16  affected person may complain to the regulatory authority in writing
  72-17  setting forth any act or thing done or omitted to be done by any
  72-18  public utility in violation or claimed violation of any law which
  72-19  the regulatory authority has jurisdiction to administer, or of any
  72-20  order, ordinance, rule, or regulation of the regulatory authority.
  72-21  The commission shall keep an information file about each complaint
  72-22  filed with the commission that the commission has authority to
  72-23  resolve <relating to a utility>.  The commission shall retain the
  72-24  file for a reasonable period.
  72-25        (b)  If a written complaint is filed with the commission that
   73-1  the commission has authority to resolve <relating to a utility>,
   73-2  the commission, at least <as frequently as> quarterly and until
   73-3  final disposition of the complaint, shall notify the parties to the
   73-4  complaint of the status of the complaint unless the notice would
   73-5  jeopardize an undercover investigation.
   73-6        (c)  Any affected person may complain to the regulatory
   73-7  authority in writing setting forth any act or thing done or not
   73-8  done by any recreational vehicle park owner that provides metered
   73-9  electric service under Article 1446d-2, Revised Statutes, in
  73-10  violation or claimed violation of any law that the regulatory
  73-11  authority has jurisdiction to administer or of any order,
  73-12  ordinance, rule, or regulation of the regulatory authority.  The
  73-13  commission shall keep an information file about each complaint
  73-14  filed with the commission relating to a recreational vehicle park
  73-15  owner.  The commission shall retain the file for a reasonable
  73-16  period.  The commission, quarterly or more often until final
  73-17  disposition of the written complaint, shall notify the parties to
  73-18  the complaint of the status of the complaint unless the notice
  73-19  would jeopardize an undercover investigation.
  73-20        Sec. 84.  Record of Proceedings; Right to Hearing.  No
  73-21  change.
  73-22        Sec. 85.  Judicial Stay or Suspension of Order, Ruling or
  73-23  Decision.  No change.
  73-24        Sec. 86.  (Blank)
  73-25        Sec. 87.  Assumption of Jurisdiction.  No change.
   74-1        <Sec. 87A.  Certain Water and Sewer Utility Property Included
   74-2  in Rate Base; Valuation Used; Depreciation Expense.  (a)  The
   74-3  provisions of this section apply notwithstanding any other
   74-4  provision of this Act.>
   74-5        <(b)  Water and sewer utility property in service which was
   74-6  acquired from an affiliate or developer prior to September 1, 1976,
   74-7  included by the utility in its rate base shall be included in all
   74-8  ratemaking formulae and at the installed cost of the property
   74-9  rather than the price set between the entities.  Unless the funds
  74-10  for this property are provided by explicit customer agreements, the
  74-11  property shall be considered invested capital and shall not be
  74-12  considered contributions in aid of construction or customer
  74-13  contributed capital.>
  74-14        <(c)  Depreciation expense included in cost of service shall
  74-15  include depreciation on all currently used, depreciable utility
  74-16  property owned by the utility.>
  74-17        Sec. 87B.  Dedicated Line Long Distance Service.  No change.
  74-18        Sec. 87C.  Caller Identification Services.  No change. Sec.
  74-19        Sec. 88.  Repealed by Acts 1987, 70th Leg., ch. 654, Sec.
  74-20  7(b), eff. Sept.  1, 1987.
  74-21        Sec. 88A.  Commission as resource center; development of
  74-22  energy efficient school facilities.  No change.
  74-23        Sec. 89.  Liberal Construction.  No change.
  74-24        Sec. 90.  Repealer; Prior Rules and Regulations to Remain in
  74-25  Effect.  No change.
   75-1        Sec. 91.  Terminating Services to Elderly and Disabled;
   75-2  Criteria and Guidelines; Establishment.  No change.
   75-3        Sec. 92.  Severability.  No change.
   75-4        Sec. 93.  Interexchange services; local exchange companies'
   75-5  rates.  No change.
   75-6        Sec. 93A.  Expansion of toll-free calling areas; criteria.
   75-7  No change.
   75-8        Sec. 93A.  Pay telephones; numbers and notices displayed.  No
   75-9  change.
  75-10        Sec. 93B.  Hotels or motels; charges for telephone calls.  No
  75-11  change.
  75-12        Sec. 93C.  "1-900" service.  No change.
  75-13     ARTICLE XIV.  TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
  75-14                        UNIVERSAL SERVICE FUND
  75-15        Sec. 94.  Tel-assistance service.  No change.
  75-16        Sec. 95.  Eligibility for tel-assistance service; burden of
  75-17  proof; billing.  No change.
  75-18        Sec. 96.  Tel-assistance services; billing; rates.  No
  75-19  change.
  75-20        Sec. 96A.  Statewide telecommunications relay access service
  75-21  for hearing-impaired and speech-impaired.  No change.
  75-22        Sec. 96B.  Distance learning activities by educational
  75-23  institutions; reduced rates.  No change.
  75-24        Sec. 97.  Recovery of lost revenues.  No change.
  75-25        Sec. 98A.  Interactive multimedia communications.  No change.
   76-1        Sec. 99.  Severability.  No change.
   76-2        Secs. 100, 101.  Repealed by Acts 1993, 73rd Leg., ch. 350,
   76-3  Sec. 4, eff.  Sept. 1, 1993.
   76-4            ARTICLE XV.  AUTOMATIC DIAL ANNOUNCING DEVICES
   76-5        Sec. 111.  Definitions.  No change.
   76-6        Sec. 112.  Exemptions.  No change.
   76-7        Sec. 113.  Requirements for operation of ADAD.  No change.
   76-8        Sec. 114.  Investigation of complaints; violations;
   76-9  disconnection of service.  No change.
  76-10        Sec. 115.  Application for permit to operate ADAD.  No
  76-11  change.
  76-12        Sec. 116.  Violations; penalties.  No change.
  76-13        Sec. 117.  Revocation of permit; offenses.  No change.
  76-14        Sec. 118.  Rule-making authority.  No change.
  76-15        Sec. 119.  Compliance with consumers' requests not to be
  76-16  called.  No change.
  76-17        Sec. 120.  Notice to consumer of provisions of Chapter 37 of
  76-18  the Business & Commerce Code and Sec. 119.  No change.
  76-19        SECTION 1.02.  Chapter 591, Acts of the 72nd Legislature,
  76-20  Regular Session, 1991 (Article 6252-13f, Vernon's Texas Civil
  76-21  Statutes), is amended by adding Section 4A to read as follows:
  76-22        Sec. 4A.  UTILITY DIVISION.  (a)  The office shall establish
  76-23  a utility division to perform the contested case hearings for the
  76-24  Public Utility Commission of Texas as prescribed by the Public
  76-25  Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
   77-1  Statutes) and its subsequent amendments and other applicable law.
   77-2        (b)  The utility division shall conduct hearings relating to
   77-3  contested cases before the commission, other than a hearing
   77-4  conducted by one or more commissioners.  The commission by rule may
   77-5  delegate the responsibility to hear any other matter before the
   77-6  commission if consistent with the duties and responsibilities of
   77-7  the division.
   77-8        (c)  Only an administrative law judge in the utility division
   77-9  may conduct a hearing on behalf of the commission.  An
  77-10  administrative law judge in the utility division may conduct
  77-11  hearings for other state agencies as time allows.  The office may
  77-12  transfer an administrative law judge into the division on a
  77-13  temporary or permanent basis and may contract with qualified
  77-14  individuals to serve as temporary administrative law judges as
  77-15  necessary.
  77-16        (d)  To be eligible to preside at a hearing, an
  77-17  administrative law judge, regardless of temporary or permanent
  77-18  status, must be licensed to practice law in this state and have not
  77-19  less than five years of general experience or three years of
  77-20  experience in utility regulatory law.
  77-21        (e)  At the time the office receives jurisdiction of a
  77-22  proceeding, the commission shall provide to the administrative law
  77-23  judge a list of issues or areas that must be addressed.  In
  77-24  addition, the commission may identify and provide to the
  77-25  administrative law judge at any time additional issues or areas
   78-1  that must be addressed.
   78-2        (f)  The office and the commission shall jointly adopt rules
   78-3  providing for certification to the commission of an issue that
   78-4  involves an ultimate finding of compliance with or satisfaction of
   78-5  a statutory standard the determination of which is committed to the
   78-6  discretion or judgment of the commission by law.  The rules must
   78-7  address, at a minimum, the issues that are appropriate for
   78-8  certification and the procedure to be used in certifying the issue.
   78-9  Each agency shall publish the jointly adopted rules.
  78-10        (g)  Notwithstanding Section 13(j), Administrative Procedure
  78-11  Act and its subsequent amendments, the commission may change a
  78-12  finding of fact or conclusion of law made by the administrative law
  78-13  judge or vacate or modify an order issued by the administrative law
  78-14  judge only if the commission:
  78-15              (1)  determines that the administrative law judge;
  78-16                    (A)  did not property apply or interpret
  78-17  applicable law, agency rules or policies, or prior administrative
  78-18  decisions; or
  78-19                    (B)  issued a finding of fact that is not
  78-20  supported by a preponderance of the evidence; or
  78-21              (2)  determines that an agency policy or a prior
  78-22  administrative decision on which the administrative law judge
  78-23  relied is incorrect or should be changed.
  78-24        (h)  The commission shall state in writing the specific
  78-25  reason and legal basis for its determination under Subsection (g)
   79-1  of this section.
   79-2        SECTION 1.03.  EMERGENCY.  The importance of this legislation
   79-3  and the crowded condition of the calendars in both houses create an
   79-4  emergency and an imperative public necessity that the
   79-5  constitutional rule requiring bills to be read on three several
   79-6  days in each house be suspended, and this rule is hereby suspended,
   79-7  and that this Act take effect and be in force from and after its
   79-8  passage, and it is so enacted.