By Armbrister                                    S.B. No. 965

      75R7192 CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of the Public Utility Commission

 1-3     of Texas.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 1.002, Public Utility Regulatory Act of

 1-6     1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

 1-7     to read as follows:

 1-8           Sec. 1.002.  LEGISLATIVE POLICY AND PURPOSE.  (a) This Act is

 1-9     enacted to protect the public interest inherent in the rates and

1-10     services of public utilities.  The legislature finds that

1-11     traditionally public utilities are by definition monopolies in the

1-12     areas they serve; that therefore the normal forces of competition

1-13     which operate to regulate prices in a free enterprise society do

1-14     not operate; and that therefore utility rates, operations, and

1-15     services are regulated by public agencies with the objective that

1-16     this regulation shall operate as a substitute for competition.  The

1-17     purpose of this Act is to establish a comprehensive regulatory

1-18     system which is adequate to the task of  regulating public

1-19     utilities as defined by this Act, in a manner that will  facilitate

1-20     competition, operation  of the free market, and customer choice

1-21     while ensuring that safe, reliable, and high quality services are

1-22     available to all residents of this state  and that [to assure]

1-23     rates, operations, and services [which] are just and reasonable to

1-24     the  consumers and to the utilities.

 2-1           (b)  As competition increases, the oversight role of the

 2-2     commission must increase and move toward customer service and

 2-3     protection.  The   commission shall promote public awareness of

 2-4     changes in the electric and telecommunications markets, provide

 2-5     customers with information necessary to make informed choices about

 2-6     available options, and ensure that customers have an adequate

 2-7     understanding of their rights.

 2-8           SECTION 2.  Section 1.003, Public Utility Regulatory Act of

 2-9     1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

2-10     by adding Subdivision (19) to read as follows:

2-11                 (19)  "Alternative dispute resolution" includes:

2-12                       (A)  a procedure described by Chapter 154, Civil

2-13     Practice and Remedies Code; and

2-14                       (B)  a combination of the procedures described by

2-15     Chapter 154, Civil Practice and Remedies Code.

2-16           SECTION 3.  Sections 1.023(d), (e), and (f), Public Utility

2-17     Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil

2-18     Statutes), are  amended to read as follows:

2-19           (d)  A person who is required to register as a lobbyist under

2-20     Chapter 305, Government Code, because of the person's activities

2-21     for compensation on behalf of a profession related to the operation

2-22     of the commission may not serve as a member of the commission or

2-23     serve as the public utility counsel [or act as the general counsel

2-24     to the commission].

2-25           (e)  A person is not eligible for appointment as a public

2-26     member of the commission or for employment as the [general counsel

2-27     or] executive director of the commission if:

 3-1                 (1)  the person serves on the board of directors of a

 3-2     company that supplies fuel, utility-related services, or

 3-3     utility-related products to regulated or unregulated electric or

 3-4     telecommunications utilities; or

 3-5                 (2)  the person or the person's spouse:

 3-6                       (A)  is employed by or participates in the

 3-7     management of a business entity or other organization regulated by

 3-8     the commission or receiving funds from the commission;

 3-9                       (B)  owns or controls, directly or indirectly,

3-10     more than a 10 percent interest or a pecuniary interest with a

3-11     value exceeding  $10,000 in:

3-12                             (i)  a business entity or other

3-13     organization regulated by the commission or receiving funds from

3-14     the commission; or

3-15                             (ii)  any utility competitor, utility

3-16     supplier, or other entity affected by a commission decision in a

3-17     manner other than by the setting of rates for that class of

3-18     customer;

3-19                       (C)  uses or receives a substantial amount of

3-20     tangible goods, services, or funds from the commission, other than

3-21     compensation or reimbursement authorized by law for commission

3-22     membership, attendance, or expenses; or

3-23                       (D)  notwithstanding Paragraph (B) of this

3-24     subdivision, has an interest in a mutual fund or retirement fund in

3-25     which more than 10 percent of the fund's holdings at the time of

3-26     appointment is in a single utility, utility competitor, or utility

3-27     supplier in this state and the person does not disclose this

 4-1     information to the governor, senate, commission, or other entity,

 4-2     as appropriate.

 4-3           (f)  Notwithstanding any other provision of this Act, a

 4-4     person otherwise ineligible because of the application of

 4-5     Subsection (e)(2)(B) of this section may be appointed to the

 4-6     commission and serve as a commissioner or may be employed as the

 4-7     [general counsel or] executive director if the person:

 4-8                 (1)  notifies the attorney general and commission that

 4-9     the person is ineligible because of the application of Subsection

4-10     (e)(2)(B) of this section; and

4-11                 (2)  divests the person or the person's spouse of the

4-12     ownership or control before beginning service or employment, or

4-13     within a reasonable time if the person is already serving or

4-14     employed at the time Subsection (e)(2)(B) of this section first

4-15     applies to the person.

4-16           SECTION 4.  Subtitle B, Title I, Public Utility Regulatory

4-17     Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

4-18     amended by adding  Sections 1.0235, 1.0241, and 1.0245 to read as

4-19     follows:

4-20           Sec. 1.0235.  PROHIBITION ON SEEKING ANOTHER OFFICE.  A

4-21     person may not seek nomination or election to another civil office

4-22     of this state or of  the United States while serving as a

4-23     commissioner.  If a commissioner files for nomination or election

4-24     to another civil office of this state or of the United States, the

4-25     person's office as commissioner immediately becomes vacant, and the

4-26     governor shall appoint a successor.

4-27           Sec. 1.0241.  PROHIBITED ACTIVITIES.  (a)  During the period

 5-1     of service with the commission or the State Office of

 5-2     Administrative Hearings, a  commissioner, commission  employee, or

 5-3     employee of the State Office of Administrative Hearings involved in

 5-4     hearing utility cases may not:

 5-5                 (1)  have a pecuniary interest in a rate regulated

 5-6     entity, direct competitor, or affected entity;

 5-7                 (2)  directly or indirectly own or control securities

 5-8     in a rate regulated entity, direct competitor, or affected entity;

 5-9                 (3)  accept a gift, gratuity, or entertainment from a

5-10     rate regulated entity, direct competitor, or affected entity;

5-11                 (4)  represent a person before the commission or State

5-12     Office of Administrative Hearings or a court in a particular matter

5-13     in which the commissioner or employee was personally involved while

5-14     associated with the commission or State Office of Administrative

5-15     Hearings; or

5-16                 (5)  directly or indirectly solicit, request from, or

5-17     suggest or recommend to a rate regulated entity, direct competitor,

5-18     or affected entity the appointment to a position or the employment

5-19     of a person, including an appointment or employment that would

5-20     violate Chapter 572, Government Code.

5-21           (b)  A rate regulated entity, direct competitor, or affected

5-22     entity may not give or offer to give a gift, gratuity, employment,

5-23     or entertainment to a commissioner or a commission employee.

5-24           (c)  It is not a violation of this section if a commissioner,

5-25     commission employee, or employee of the State Office of

5-26     Administrative Hearings, on becoming the owner of stocks, bonds, or

5-27     another pecuniary interest in a rate regulated entity, direct

 6-1     competitor, or affected entity otherwise than voluntarily, informs

 6-2     the commission or office, as appropriate, and the attorney general

 6-3     of the ownership and divests the ownership or interest within a

 6-4     reasonable time.

 6-5           (d)  It is not a violation of this section if a pecuniary

 6-6     interest is held indirectly by ownership of an interest in a

 6-7     retirement system, institution, or fund that in the normal course

 6-8     of business invests in diverse securities independently of the

 6-9     control of the commissioner, commission employee, or employee of

6-10     the State Office of Administrative Hearings.

6-11           (e)  This section does not apply to a contract for a product

6-12     or service of a rate regulated entity, direct competitor, or

6-13     affected entity, or  for  equipment for use of such a product or

6-14     service, when a commissioner, commission employee, or employee of

6-15     the State Office of Administrative Hearings is acting as a

6-16     consumer.

6-17           (f)  In this section:

6-18                 (1)  "Affected entity" means a business entity,

6-19     including an affiliate, that furnishes goods or services to rate

6-20     regulated entities, affiliates, or direct competitors if the value

6-21     of the goods or services is equal to at least the greater of

6-22     $10,000 or 10 percent of the affiliate's or entity's business.  The

6-23     term includes the affiliate's or entity's agent, representative,

6-24     attorney, employee, officer, owner, director, or partner.

6-25                 (2)  "Direct competitor" means an entity that provides

6-26     services that are the same as, equivalent to, or substitutable for

6-27     services provided by a rate regulated entity within a geographic

 7-1     market or submarket in this state at rates, terms, and conditions

 7-2     that are comparable to those offered by the rate regulated entity.

 7-3                 (3)  "Participated" means to have taken an action as a

 7-4     commission officer or employee or employee of the State Office of

 7-5     Administrative Hearings by approving, disapproving, or recommending

 7-6     a decision, by giving advice, or by taking similar action.

 7-7                 (4)  "Particular matter" means a specific

 7-8     investigation, application, request for a ruling or determination,

 7-9     rulemaking proceeding, contract, claim, charge, accusation, arrest,

7-10     or judicial or other proceeding.

7-11                 (5)  "Pecuniary interest" includes income,

7-12     compensation, and payment of any kind, in addition to an ownership

7-13     interest, as an officer, director, partner, owner, employee,

7-14     attorney, consultant, or otherwise.

7-15                 (6)  "Rate regulated entity" means:

7-16                       (A)  a public utility as defined by Section

7-17     2.0011 of this Act; or

7-18                       (B)  a dominant carrier as defined by Section

7-19     3.002 of this Act.

7-20           Sec. 1.0245.  QUALIFICATIONS AND STANDARDS OF CONDUCT

7-21     INFORMATION.  The executive director or the executive director's

7-22     designee shall provide to commissioners and commission employees as

7-23     often as necessary information regarding their:

7-24                 (1)  qualifications for office or employment under this

7-25     Act; and

7-26                 (2)  responsibilities under applicable laws relating to

7-27     standards of conduct for state officers and employees.

 8-1           SECTION 5.  Section 1.026(a), Public Utility Regulatory Act

 8-2     of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

 8-3     amended to read as  follows:

 8-4           (a)  It is a ground for removal from the commission if a

 8-5     member:

 8-6                 (1)  does not have at the time of appointment the

 8-7     qualifications required by Section 1.023 of this Act;

 8-8                 (2)  does not maintain during service on the commission

 8-9     the qualifications required by Section 1.023 of this Act;

8-10                 (3)  violates a prohibition established by Section

8-11     1.023, 1.0235 [1.024], or 1.0241 [1.025] of this Act;

8-12                 (4)  cannot discharge the member's duties for a

8-13     substantial part of the term for which the member is appointed

8-14     because of illness or disability; or

8-15                 (5)  is absent from more than half of the regularly

8-16     scheduled commission meetings that the member is eligible to attend

8-17     during a calendar year unless the absence is excused by majority

8-18     vote of the commission.

8-19           SECTION 6.  Sections 1.028(a), (c), and (d), Public Utility

8-20     Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil

8-21     Statutes), are  amended to read as follows:

8-22           (a)  The commission shall employ an executive director[, a

8-23     general counsel,] and such officers and other employees as it deems

8-24     necessary to carry out the provisions of this Act.  All employees

8-25     receive such compensation as is fixed by the legislature.  The

8-26     commission shall develop and implement policies that clearly define

8-27     the respective responsibilities of the commission and the staff of

 9-1     the commission.

 9-2           (c)  The commission [general counsel and his] staff is [are]

 9-3     responsible for the gathering of information relating to all

 9-4     matters within the authority of the commission.

 9-5           (d)  The duties of the commission staff [general counsel]

 9-6     include:

 9-7                 (1)  accumulation of evidence and other information

 9-8     from public utilities and from the accounting and technical and

 9-9     other staffs of the commission and from other sources for the

9-10     purposes specified herein;

9-11                 (2)  preparation and presentation of such evidence

9-12     before the commission or its appointed examiner in proceedings;

9-13                 (3)  conduct of investigations of public utilities

9-14     under the jurisdiction of the commission;

9-15                 (4)  preparation of proposed changes in the rules of

9-16     the commission;

9-17                 (5)  preparation of recommendations that the commission

9-18     undertake investigation of any matter within its authority;

9-19                 (6)  preparation of recommendations and a report of

9-20     such staff for inclusion in the annual report of the commission;

9-21                 (7)  protection and representation of the public

9-22     interest and coordination and direction of the preparation and

9-23     presentation of evidence from the commission staff in all cases

9-24     before the commission as necessary to effect the objectives and

9-25     purposes stated in this Act and ensure protection of the public

9-26     interest; [and]

9-27                 (8)  preparation of proposed orders under Section 1.105

 10-1    of this Act;

 10-2                (9)  preparation of staff reports under Section 1.106

 10-3    of this Act; and

 10-4                (10)  such other activities as are reasonably necessary

 10-5    to enable the staff [him] to perform the staff's [his] duties.

 10-6          SECTION 7.  Section 1.0512, Public Utility Regulatory Act of

 10-7    1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

 10-8    to read as follows:

 10-9          Sec. 1.0512.  PROHIBITION OF [EMPLOYMENT OR] REPRESENTATION.

10-10    (a)  [The counsellor may not within two years, and an employee of

10-11    the office may not within one year after his employment with the

10-12    office has ceased, be employed by a public utility which was in the

10-13    scope of the counsellor's or employee's official responsibility

10-14    while the counsellor or employee was associated with the office.]

10-15          [(b)]  During the time the counsellor or an employee of the

10-16    office is associated with the office [or at any time after], the

10-17    counsellor or employee may not represent a person, corporation, or

10-18    other business entity before the commission or State Office of

10-19    Administrative Hearings or a court in a particular matter  in which

10-20    the counsellor or employee was personally involved while associated

10-21    with the office [or a matter that was within the counsellor's or

10-22    employee's official responsibility while the counsellor or employee

10-23    was associated with the office].

10-24          (b)  In this section, "particular matter" has the meaning

10-25    assigned by Section 1.0241 of this Act.

10-26          SECTION 8.  Section 1.054(a), Public Utility Regulatory Act

10-27    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

 11-1    amended to read as  follows:

 11-2          (a)  The Office of Public Utility Counsel:

 11-3                (1)  shall assess the impact of utility rate changes

 11-4    and other regulatory actions on residential consumers in the State

 11-5    of Texas and shall be an advocate in its own name of positions most

 11-6    advantageous to a substantial number of such consumers as

 11-7    determined by the counsellor;

 11-8                (2)  may appear or intervene as a matter of right as a

 11-9    party or otherwise on behalf of residential consumers, as a class,

11-10    in all proceedings before the commission, including a proceeding

11-11    involving an alternative dispute  resolution procedure;

11-12                (3)  may appear or intervene as a matter of right as a

11-13    party or otherwise on behalf of small commercial consumers, as a

11-14    class, in all proceedings where it is deemed by the counsellor that

11-15    small commercial consumers are in need of representation, including

11-16    a proceeding involving an alternative dispute resolution

11-17    procedure;

11-18                (4)  may initiate or intervene as a matter of right or

11-19    otherwise appear in any judicial proceedings involving or arising

11-20    out of any action taken by an administrative agency in a proceeding

11-21    in which the counsellor was authorized to appear, including a

11-22    proceeding involving an alternative dispute resolution procedure;

11-23                (5)  may have access as any party, other than staff, to

11-24    all records gathered by the commission under the authority of

11-25    Subsection (a) of Section 1.203 of this Act;

11-26                (6)  may obtain discovery of any nonprivileged matter

11-27    which is relevant to the subject matter involved in any proceeding

 12-1    or petition before the commission;

 12-2                (7)  may represent individual residential and small

 12-3    commercial consumers with respect to their disputed complaints

 12-4    concerning utility services unresolved before the commission; and

 12-5                (8)  may recommend legislation to the legislature which

 12-6    in its judgment would positively affect the interests of

 12-7    residential and small commercial consumers.

 12-8          SECTION 9.  Subtitle D, Title I, Public Utility Regulatory

 12-9    Act of  1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

12-10    amended by adding Sections 1.105-1.109 to read as follows:

12-11          Sec. 1.105.  PROPOSED ORDERS.  (a)  The commission by rule

12-12    shall adopt procedures by which commission staff may issue a

12-13    proposed order to  resolve all or part of a contested case before a

12-14    hearing.

12-15          (b)  The rules must:

12-16                (1)  prescribe the types of cases for which a proposed

12-17    order may be issued;

12-18                (2)  prescribe any applicable deadlines for issuing the

12-19    order; and

12-20                (3)  ensure that each party:

12-21                      (A)  retains the right to:

12-22                            (i)  a full hearing on issues that remain

12-23    in dispute; and

12-24                            (ii)  judicial review of issues that remain

12-25    in dispute;

12-26                      (B)  receives a copy of the proposed order; and

12-27                      (C)  has at least 21 days after receiving the

 13-1    proposed order to object to the adoption of all or part of the

 13-2    order.

 13-3          (c)  A proposed order or a part of a proposed order to which

 13-4    a party does not object becomes final with commission approval.

 13-5          Sec. 1.106.  STAFF REPORTS.  (a)  The commission by rule

 13-6    shall adopt procedures by which commission staff may prepare staff

 13-7    reports detailing the information and evidence the staff would have

 13-8    presented in a contested case hearing to protect and represent the

 13-9    public interest and to effect the objectives and purposes stated in

13-10    this Act.

13-11          (b)  The rules must:

13-12                (1)  prescribe the types of cases for which staff

13-13    reports may be submitted instead of staff testimony;

13-14                (2)  prescribe any applicable deadlines for filing the

13-15    staff reports with the commission;

13-16                (3)  ensure that each party:

13-17                      (A)  retains the right to:

13-18                            (i)  a full hearing on each provision in

13-19    the staff report to which the party objects; and

13-20                            (ii)  judicial review of those provisions;

13-21                      (B)  receives a copy of a staff report; and

13-22                      (C)  has at least 14 days after receiving a staff

13-23    report to respond to the report or to object to the adoption of all

13-24    or part of the report;

13-25                (4)  ensure that the commission may not act on a staff

13-26    report before the 30th day after the date it is filed with the

13-27    commission; and

 14-1                (5)  authorize the commission or an administrative law

 14-2    judge to prescribe deadlines for action on a staff report in a

 14-3    particular case.

 14-4          (c)  Notwithstanding any other provision of  this Act, the

 14-5    commission staff is  not required to respond to a request for

 14-6    discovery or for  information from a party to a contested case

 14-7    while the staff is preparing a staff report relating to that case.

 14-8          Sec. 1.107.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  The

 14-9    commission by rule shall adopt procedures by which the commission

14-10    may use an alternative dispute resolution procedure to resolve  a

14-11    pending issue or proceeding.

14-12          (b)  The rules must:

14-13                (1)  provide that the commission may consider using an

14-14    alternative dispute resolution procedure on its own motion or at

14-15    the request of a party or an administrative law judge;

14-16                (2)  require notice to each party that the commission

14-17    is considering the use of an alternative dispute resolution

14-18    procedure;

14-19                (3)  provide that a party that objects to the use of

14-20    the procedure must file a written objection with the commission not

14-21    later than the 10th day after the date the party receives notice

14-22    under Subdivision (2) of this subsection; and

14-23                (4)  prescribe any applicable deadlines for completion

14-24    of various alternative dispute resolution procedures.

14-25          (c)  The commission may use an alternative dispute resolution

14-26    procedure if the commission does not receive a timely objection or

14-27    if the commission determines that an objection does not have a

 15-1    reasonable basis.

 15-2          (d)  A residential or small commercial consumer who brings a

 15-3    complaint or other action before the commission in which the value

 15-4    does not exceed $10,000 may choose whether to use a contested case

 15-5    proceeding or an alternative dispute resolution proceeding to

 15-6    resolve the complaint or action.

 15-7          (e)  A deadline for a commission decision prescribed by

 15-8    another provision of this Act, including Sections 2.2011, 2.211,

 15-9    2.212, 3.211, 3.212, 3.2135, 3.2531, and 3.2532, is  suspended

15-10    during the pendency of an alternative dispute resolution procedure.

15-11          Sec. 1.108.  JURISDICTION TO ESTABLISH SERVICE QUALITY AND

15-12    RELIABILITY.  The commission has jurisdiction over a person

15-13    required to register under Title II of this Act or to obtain a

15-14    certificate under Title III of this Act to the extent necessary to

15-15    establish and ensure service quality and reliability.

15-16          Sec. 1.109.  CONSUMER EDUCATION.  The commission may educate

15-17    and provide information to:

15-18                (1)  consumers to assist them in making an informed

15-19    decision regarding electric and telecommunications services; and

15-20                (2)  providers of electric and telecommunications

15-21    services relating to the providers' responsibilities under state

15-22    laws and regulations.

15-23          SECTION 10.  Section 1.3215(e), Public Utility Regulatory Act

15-24    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

15-25    amended to read as  follows:

15-26          (e)  Within 14 days after the date the report is issued, the

15-27    executive director shall give written notice of the report to the

 16-1    person.  The notice may be given by certified mail.  The notice

 16-2    must include a brief summary of the alleged violation and a

 16-3    statement of the amount of the recommended penalty and must inform

 16-4    the person that the person has a right to a hearing on the

 16-5    occurrence of the violation, the amount of the penalty, or both the

 16-6    occurrence of the violation and the amount of the penalty.  [Before

 16-7    any penalty may be assessed under this section, the person against

 16-8    whom the penalty may be assessed shall be given 30 days after

 16-9    receiving from the executive director the notice of the report

16-10    summarizing the alleged violation pursuant to this subsection in

16-11    which to cure the violation and the person must fail to cure the

16-12    alleged violation  within the 30-day period.  The person against

16-13    whom the penalty may be assessed who claims to have cured the

16-14    alleged violation shall have the burden of proving to the

16-15    commission that the alleged violation was cured and was accidental

16-16    or inadvertent.]

16-17          SECTION 11.  Section 1.323, Public Utility Regulatory Act of

16-18    1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

16-19    to read as follows:

16-20          Sec. 1.323.  PENALTY FOR VIOLATING SECTION  1.0235 OR 1.0241

16-21    [1.024] OF THIS ACT.  (a)  Any member of the commission  or any

16-22    officer or director of a public utility or affiliated interest

16-23    shall be subject to a civil penalty of $1,000 for each and every

16-24    knowing violation of Section 1.0235 or 1.0241 [1.024] of this Act,

16-25    such penalty to be recovered in a suit filed in a court of

16-26    competent jurisdiction by the attorney general on his own

16-27    initiative or at the request of, in the name of, and on behalf of

 17-1    the commission.

 17-2          (b)  Any person, other than an officer or director of a

 17-3    public utility or affiliated interest or a member of the

 17-4    commission, shall be subject to a civil penalty of $500 for each

 17-5    and every knowing violation of Section 1.0235 or 1.0241 [1.024] of

 17-6    this Act, such penalty to be recovered in a suit filed in a court

 17-7    of competent  jurisdiction by the attorney general on his own

 17-8    initiative or at the request of, in the name of, and on behalf of

 17-9    the commission.

17-10          (c)  Any member, officer, or employee of the commission found

17-11    in any action by a preponderance of the evidence to have violated

17-12    any provision of Section 1.0235 or 1.0241 [1.024] of this Act shall

17-13    be removed from his office or employment.

17-14          SECTION 12.  Section 1.401, Public Utility Regulatory Act of

17-15    1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

17-16    by adding Subsection (d) to read as follows:

17-17          (d)  Not later than January 15 of each odd-numbered year, the

17-18    commission shall submit to the legislature a report on complaints

17-19    received from  consumers during the previous two years.  The report

17-20    must include:

17-21                (1)  information on the number of complaints that were

17-22    not resolved;

17-23                (2)  the reasons the complaints were not resolved; and

17-24                (3)  recommendations to correct consumer problems that

17-25    the commission does not have the authority to address.

17-26          SECTION 13.  Section 2.003, Public Utility Regulatory Act of

17-27    1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

 18-1    to read as  follows:

 18-2          Sec. 2.003.  SCOPE OF COMPETITION.  Before January 15 of each

 18-3    odd-numbered year, the commission shall report to the legislature

 18-4    on the scope of competition in electric markets and the impact of

 18-5    competition and industry restructuring on customers in both

 18-6    competitive and noncompetitive markets.  The report shall include:

 18-7                (1)  an assessment of the impact of competition on the

 18-8    rates and availability of electric services for residential and

 18-9    small commercial  customers;

18-10                (2)  [and] a summary of commission actions over the

18-11    preceding two years that reflect changes in the scope of

18-12    competition in regulated  electric markets;

18-13                (3)  [.  The report shall also include] recommendations

18-14    to the legislature for further legislation that the commission

18-15    finds appropriate to  promote the public interest in the context of

18-16    a partially competitive electric market; and

18-17                (4)  a report on complaints received from consumers

18-18    relating to electric service or electric utilities during the

18-19    previous two years that includes:

18-20                      (A)  information on the number of complaints that

18-21    were not resolved;

18-22                      (B)  the reasons the complaints were not

18-23    resolved; and

18-24                      (C)  recommendations to correct consumer problems

18-25    that the commission does not have the authority to address.

18-26          SECTION 14.  Section 2.053(b), Public Utility Regulatory Act

18-27    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

 19-1    amended to read as  follows:

 19-2          (b)  The commission has the following jurisdiction over

 19-3    exempt wholesale generators and power marketers that sell electric

 19-4    energy in this state:

 19-5                (1)  to require registration as provided by Subsection

 19-6    (c) of this section as a condition of doing business in this state;

 19-7    [and]

 19-8                (2)  to revoke a registration for repeated violations

 19-9    of this Act or commission rules; and

19-10                (3)  to require the filing of reports the commission

19-11    prescribes by rule.

19-12          SECTION 15.  Section 2.057(b), Public Utility Regulatory Act

19-13    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

19-14    amended to read as follows:

19-15          (b)  The commission shall adopt rules relating to the

19-16    registration and reporting requirements of qualifying facilities,

19-17    exempt wholesale generators, and power marketers.  The rules must

19-18    require that each qualifying facility, exempt wholesale generator,

19-19    and power marketer register with the commission as a condition of

19-20    doing business in this state.  The commission may revoke a

19-21    registration for repeated violations of this Act or commission

19-22    rules.

19-23          SECTION 16.  Section 3.051(c), Public Utility Regulatory Act

19-24    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

19-25    amended to read as follows:

19-26          (c)  Except as provided by Subsections (l), (m), and (s) of

19-27    this section and Section 3.052 of this Act, the commission shall

 20-1    only have  the following jurisdiction over all telecommunications

 20-2    utilities who are not dominant carriers:

 20-3                (1)  to require registration as provided in Subsection

 20-4    (d) of this section as a condition of doing business in this state;

 20-5                (2)  to conduct such investigations as are necessary to

 20-6    determine the existence, impact, and scope of competition in the

 20-7    telecommunications industry, including identifying dominant

 20-8    carriers in the local telecommunications and intralata

 20-9    interexchange telecommunications industry and defining the

20-10    telecommunications market or markets, and in connection therewith

20-11    may call and hold hearings, issue subpoenas to compel the

20-12    attendance of witnesses and the production of papers and documents,

20-13    and make findings of fact and decisions with respect to

20-14    administering the provisions of this Act or the rules, orders, and

20-15    other actions of the commission;

20-16                (3)  to require the filing of such reports as the

20-17    commission may direct from time to time;

20-18                (4)  to require the maintenance of statewide average

20-19    rates or prices of telecommunications service;

20-20                (5)  to require that every local exchange area have

20-21    access to local and interexchange telecommunications service,

20-22    except that a telecommunications utility must be allowed to

20-23    discontinue service to a local exchange area if comparable service

20-24    is available in the area and the discontinuance is not contrary to

20-25    the public interest; this section does not authorize the commission

20-26    to require a telecommunications utility that has not provided

20-27    services to a local exchange area during the previous 12 months and

 21-1    that has never provided services to that same local exchange area

 21-2    for a cumulative period of one year at any time in the past to

 21-3    initiate services to that local exchange area; [and]

 21-4                (6)  to require the quality of telecommunications

 21-5    service provided in each exchange to be adequate to protect the

 21-6    public interest and the interests of customers of that exchange if

 21-7    the commission determines that service to a local exchange has

 21-8    deteriorated to the point that service is not reliable; and

 21-9                (7)  to revoke a registration for repeated violations

21-10    of this Act or commission rules.

21-11          SECTION 17.  Section 3.051(s)(1), Public Utility Regulatory

21-12    Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

21-13    amended to read as follows:

21-14                (1)  Except as otherwise specifically provided by this

21-15    Act, the commission shall have only the following authority over a

21-16    holder of a certificate of operating authority or service provider

21-17    certificate of operating authority:

21-18                      (A)  to enforce the applicable provisions of this

21-19    Act as provided by Subtitle I, Title I, of this Act;

21-20                      (B)  to assert jurisdiction over a specific

21-21    service in accordance with Section 3.2572 of this Act;

21-22                      (C)  to require co-carriage reciprocity; [and]

21-23                      (D)  to regulate condemnation and building

21-24    access;

21-25                      (E)  to establish and ensure service quality and

21-26    reliability; and

21-27                      (F)  to revoke a certificate under Section 3.263

 22-1    of this Act.

 22-2          SECTION 18.  Section 3.2625(g), Public Utility Regulatory Act

 22-3    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

 22-4    amended to read as follows:

 22-5          (g)  The commission may order disconnection of service or

 22-6    revocation of registration [for up to one year] for repeat

 22-7    violations of  this Act or commission rules.

 22-8          SECTION 19.  Section 3.263(a), Public Utility Regulatory Act

 22-9    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

22-10    amended to read as follows:

22-11          (a)  The commission at any time after notice and hearing may

22-12    revoke or amend any certificate of convenience and necessity,

22-13    certificate of  operating authority, or service provider

22-14    certificate of operating authority if it finds that the certificate

22-15    holder has never provided or is no longer providing service in the

22-16    area or part of the area covered by the certificate.  The

22-17    commission may also revoke a certificate of convenience and

22-18    necessity,  certificate of operating authority, or service provider

22-19    certificate of operating authority for repeated violations of this

22-20    Act or commission rules.

22-21          SECTION 20.  Section 3.608(a), Public Utility Regulatory Act

22-22    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is

22-23    amended to read as follows:

22-24          (a)  The [commission shall adopt and enforce rules requiring

22-25    local exchange companies to establish a] universal service fund is

22-26    in the state treasury.  Money in the fund may be appropriated only

22-27    to assist local exchange  companies in providing basic local

 23-1    telecommunications service at reasonable rates in high cost rural

 23-2    areas, to reimburse local exchange companies for revenues lost as a

 23-3    result of providing tel-assistance service under this Act, to

 23-4    reimburse the telecommunications carrier providing the statewide

 23-5    telecommunications relay access service for the hearing-impaired

 23-6    and speech-impaired as authorized in Section 3.604 of this Act, and

 23-7    to reimburse the  Texas Department of Human Services and the

 23-8    commission for costs incurred in implementing the provisions of

 23-9    this subtitle.

23-10          SECTION 21.  (a)  The Public Utility Commission of Texas and

23-11    the comptroller shall conduct a joint study of the structure of the

23-12    gross  receipts tax imposed under Section 1.351, Public Utility

23-13    Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil

23-14    Statutes).  The study must include an examination of the potential

23-15    effect of deregulation on the revenue generated by the tax during

23-16    the next 10 years.

23-17          (b)  The Public Utility Commission of Texas and the

23-18    comptroller shall prepare a joint report detailing their findings.

23-19    The report must include recommendations on any problems or issues

23-20    the commission and the comptroller determine should be addressed by

23-21    legislation or agency action.

23-22          (c)  Not later than January 15, 1999, the Public Utility

23-23    Commission of Texas and the comptroller shall submit the report

23-24    required by Subsection (b) of this section to the 76th Legislature.

23-25          SECTION 22.  Sections 1.024 and 1.025, Public Utility

23-26    Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil

23-27    Statutes), are repealed.

 24-1          SECTION 23.  This Act takes effect September 1, 1997.

 24-2          SECTION 24.  The importance of this legislation and the

 24-3    crowded condition of the calendars in both houses create an

 24-4    emergency and an imperative public necessity that the

 24-5    constitutional rule requiring bills to be read on three several

 24-6    days in each house be suspended, and this rule is hereby suspended.