SRC-AAA S.B. 1768 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1768
By: Cain
Economic Development
4-3-97
As Filed


DIGEST 

Currently, the  Railroad Commission (RRC) does not have the duties and
responsibilities of the Public Utility Commission (PUC). S.B. 1768 places
all responsibilities of the PUC under the RRC, devotes all references to
the PUC in other statutes, and replaces them with the RRC, and sets forth
certain administrative penalties. 

PURPOSE

As proposed, S.B. 1768 places all responsibilities of the Public Utility
Commission (PUC) under the Railroad Commission (RRC), devotes all
references to the PUC in other statutes and replaces them with the RRC,
and sets forth certain administrative penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 1.003(4) and (5), Article 1446c-0, V.T.C.S., to
redefine "commission" and "commissioner." 

SECTION 2. Amends Sections 1.003(4) and (5), Article 1446c-0, V.T.C.S., to
redefine "commission" and "commissioner." 

SECTION 3. Amends Sections 1.022, Article 1446c-0, V.T.C.S., to make a
conforming change. 

SECTION 4. Amends Section 1.3215 (d)-(h), (k)-(m), and (s), Article
1446c-0, V.T.C.S., to authorize the Railroad Commission of Texas (RRC),
rather than the executive director, to issue a report on a violation.
Makes conforming changes. 

SECTION 5. Amends Section 1.405, Article 1446c-0, V.T.C.S., to provide
that the RRC, rather than the Public Utility Commission, is authorized to
establish criteria and guidelines with the utility industry. 

SECTION 6. Amends Section 104.003(a), Article 1446c-0, V.T.C.S., to make a
conforming change. 

SECTION 7. Amends Section 1(14), Article, Code of Criminal Procedure, to
make redefine "trap and trace device." 

SECTION 8. Amends Section 232.002, Family Code, to make conforming changes.

SECTION 9. Amends Section 572.003(c), Government Code, to make conforming
changes. 

SECTION 10. Amends Section 2302.001(2), Government Code, to redefine
"commission." 

SECTION 11. Amends Section 2302.002, Government Code,  to delete the RRC
from the list of agencies in the council. 
 
SECTION 12. Amends Sections 771.001(5) and (11), Health and Safety Code,
to redefine "local exchange service provider" and "business service." 

SECTION 13. Amends Section 28.03(d), Penal Code, to redefine "public
communication, public transportation, public water, gas, or power supply,
or other public service." 


SECTION 14. Amends Section 22.23(b), Tax Code, to make a conforming change.

SECTION 15. Amends Section 301.004(c), Tax Code, to redefine "telephone
company." 

SECTION 16. Amends Chapter 245(4B)(f), Article 717p, V.T.C.S., to make a
conforming change. 

SECTION 17. Amends Article 1440a, V.T.C.S., to make a conforming change.

SECTION 18. Amends Section 1(1), Article 1446c-1, V.T.C.S., to redefine
"commission."     

SECTION 19. Amends Section 3, Article 1446d, V.T.C.S., to provide that
certain entities are subject to Sections 1.321-1.323 and 1.325-1.328,
Article 1446c-), V.T.C.S. Makes conforming changes. 

SECTION 20. Amends Section 2, Article 1446d-2, V.T.C.S., to make
conforming changes. 

SECTION 21. Amends Section 2(a), Article 1446f, V.T.C.S., to make a
conforming change. 

SECTION 22. Amends Article 1446g, V.T.C.S., to make a conforming change.

SECTION 23. Amends Section 2(7), Article 1528c, V.T.C.S., to make a
conforming change. 

SECTION 24. Amends Section 2.01, Article 4413(47f), V.T.C.S., to make
conforming changes. 

SECTION 25. Amends Title 79, Article 18.02(a), V.T.C.S., to make
conforming changes. 

SECTION 26.  Repealers: Sections 1.021, 1.023-1.033, 1.035-1.037, and
1.323, Article 1446c-0, V.T.C.S., (Public Utility Regulatory Act of 1995)
and Section 12.013(h), Water Code (Rate fixing power). 

SECTION 27. Transfers  powers and obligations from the Public Utility
Commission to the Railroad Commission of Texas effective March 1, 1998 and
require RRC to take regulatory jurisdiction  over telecommunications
effective September 1, 1998.  Provides that SECTIONS 1, 10, 11, 16, 18-22,
24, 30, 31, and 32 take effect March 1, 1998.  Provides that SECTIONS 2-9,
12-15, 17, 23, 25, 26, and 29 take effect September 1, 1998.  

SECTION 28.  Requires the Railroad Commission of Texas to take on certain
duties. 

SECTION 29. Requires all remaining duties and powers of the Public Utility
Commission to transfer to the Railroad Commission of Texas effective
September 1, 1998.  Provides that the Public Utility Commission is
abolished and that the terms of the commissioners of the Public Utility
Commission expire. 

SECTION 30.  Provides that all rules, regulations, and policies of the
Public Utility Commission continue until superseded.  Provides that rules
and regulations relating to day-to-day operation by the Public Utility
Commission are superseded by rules and regulations of the Railroad
Commission of Texas.   
SECTION 31.  Provides that abolition of the Public Utility Commission,
does not affect certain past acts. 

SECTION 32.  Provides that a reference to the Public Utility Commission
after March 1, 1998, and on or after September 1, 1998, with respect to
telecommunications utilities means the Railroad Commission of Texas. 
 
SECTION 33. Emergency clause.