IMF S.B. 1751 75(R) BILL ANALYSIS STATE AFFAIRS S.B. 1751 By: Armbrister (McCall) 5-2-97 Committee Report (Unamended) BACKGROUND The Texas Legislative Council is required by law (Section 323.007, Government Code) to carry out a complete nonsubstantive revision of the Texas statutes. The process involves reclassifying and rearranging the statutes in a more logical order, employing a numbering system and format that will accommodate future expansion of the law, eliminating repealed, invalid, duplicative, and other ineffective provisions, and improving the draftsmanship of the law if practicable--all toward promoting the stated purpose of making the statutes "more accessible, understandable, and usable" without altering the sense, meaning, or effect of the law. In 1965 the council adopted a long-range plan of compiling the law into 26 codes arranged by general topics. Although some reorganization has occurred since the original proposal, the number of projected codes remains at 26. The proposed Utilities Code is a nonsubstantive revision of the Texas statutes relating to utilities. The code is divided into four titles, specifically: Title 1, General Provisions; Title 2, Public Utility Regulatory Act; Title 3, Gas Regulation; and Title 4, Delivery of Utility Services. Each of the four titles is divided into subtitles, chapters, subchapters, and sections. Sections are numbered decimally, and the number to the left of the decimal point is the same as the chapter number. Gaps in chapter and section numbering are for future expansion. The council legal staff has taken meticulous care to ensure that no substantive change has been made in the law and to preserve any ambiguity or interpretation that may exist in current law. The staff has developed an extensive mailing list, and drafts of the proposed code have been widely distributed for review and comment to individuals, organizations, public utilities, and state and local agencies. The staff has studied the comments and suggestions of the persons reviewing the code and has taken action to satisfy any concerns expressed. The Utilities Code is a nonsubstantive revision of Texas law. The sole purpose of the code is to compile the relevant law, arrange it in a logical fashion, and rewrite it without altering its meaning or legal effect. If a particular source statute is ambiguous and the ambiguity cannot be resolved without a potential substantive effect, the ambiguity is preserved. PURPOSE As proposed, S.B. 1751 would create the Utilities Code for the State of Texas. This would be a nonsubstantive recodification of statutes related to utilities in Texas for organizational purposes. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adopts the Utilities Code, a nonsubstantive revision of statutory law relating to utilities, including the Public Utility Regulatory Act of 1995, the Gas Utility Regulatory Act, the Cox Act, and other laws relating to the powers and duties of utilities. SECTION 2. Conforming amendment to add Chapter 67, Water Code, a nonsubstantive revision of certain laws relating to water supply and sewer service corporations. SECTION 3. Conforming amendment to add Subchapter F, Chapter 402, Local Government Code, a nonsubstantive revision of certain laws relating to municipal water corporations and municipal water systems. SECTION 4. Conforming amendment to add Section 402.906, Local Government Code, a nonsubstantive revision of certain laws relating to municipal utility plants. SECTION 5. Conforming amendment to add Subchapter H, Chapter 91, Natural Resources Code, a nonsubstantive revision of certain laws relating to underground storage facilities for natural gas. SECTION 6. Conforming amendment to add Subchapter J, Chapter 111, Natural Resources Code, a nonsubstantive revision of certain laws relating to well wastewater corporations. SECTION 7. Conforming amendment to add Chapter 115, Natural Resources Code, a nonsubstantive revision of certain laws relating to regulation of certain transporters. SECTION 8. Conforming amendment to add Section 54.2051, Water Code, a nonsubstantive revision of certain laws relating to service connections to certain dwelling units. SECTION 9. Repeals the laws that are revised in the bill. SECTION 10. States legislative intent to recodify only. SECTION 11. Effective date: September 1, 1997. SECTION 12. Emergency clause.