By: Armbrister S.B. No. 1751
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the adoption of a nonsubstantive revision of statutes
1-2 relating to utilities, including conforming amendments, repeals,
1-3 and penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. ADOPTION OF CODE. The Utilities Code is adopted
1-6 to read as follows:
1-7 UTILITIES CODE
1-8 TITLE 1. GENERAL PROVISIONS
1-9 CHAPTER 1. GENERAL PROVISIONS
1-10 (Chapters 2-10 reserved for expansion)
1-11 TITLE 2. PUBLIC UTILITY REGULATORY ACT
1-12 SUBTITLE A. PROVISIONS APPLICABLE TO ALL UTILITIES
1-13 CHAPTER 11. GENERAL PROVISIONS
1-14 CHAPTER 12. ORGANIZATION OF COMMISSION
1-15 CHAPTER 13. OFFICE OF PUBLIC UTILITY COUNCIL
1-16 CHAPTER 14. JURISDICTION AND POWERS OF COMMISSION AND
1-17 OTHER REGULATORY AUTHORITIES
1-18 CHAPTER 15. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES
1-19 CHAPTER 16. COMMISSION FINANCING
1-20 (Chapters 17-30 reserved for expansion)
1-21 SUBTITLE B. ELECTRIC UTILITIES
1-22 CHAPTER 31. GENERAL PROVISIONS
2-1 CHAPTER 32. JURISDICTION AND POWERS OF COMMISSION AND
2-2 OTHER REGULATORY AUTHORITIES
2-3 CHAPTER 33. JURISDICTION AND POWERS OF MUNICIPALITY
2-4 CHAPTER 34. ELECTRICAL PLANNING
2-5 CHAPTER 35. ALTERNATIVE ENERGY PROVIDERS
2-6 CHAPTER 36. RATES
2-7 CHAPTER 37. CERTIFICATES OF CONVENIENCE AND NECESSITY
2-8 CHAPTER 38. REGULATION OF ELECTRIC SERVICES
2-9 (Chapters 39-50 reserved for expansion)
2-10 SUBTITLE C. TELECOMMUNICATIONS UTILITIES
2-11 CHAPTER 51. GENERAL PROVISIONS
2-12 CHAPTER 52. COMMISSION JURISDICTION
2-13 CHAPTER 53. RATES
2-14 CHAPTER 54. CERTIFICATES
2-15 CHAPTER 55. REGULATION OF TELECOMMUNICATIONS SERVICES
2-16 CHAPTER 56. TELECOMMUNICATIONS ASSISTANCE AND UNIVERSAL
2-17 SERVICE FUND
2-18 CHAPTER 57. DISTANCE LEARNING AND OTHER ADVANCED SERVICES
2-19 CHAPTER 58. INCENTIVE REGULATION
2-20 CHAPTER 59. INFRASTRUCTURE PLAN
2-21 CHAPTER 60. COMPETITIVE SAFEGUARDS
2-22 CHAPTER 61. INFORMATION TECHNOLOGY SERVICES
2-23 CHAPTER 62. BROADCASTER SAFEGUARDS
2-24 CHAPTER 63. ELECTRONIC PUBLISHING
2-25 (Chapters 64-100 reserved for expansion)
3-1 TITLE 3. GAS REGULATION
3-2 SUBTITLE A. GAS UTILITY REGULATORY ACT
3-3 CHAPTER 101. GENERAL PROVISIONS AND OFFICE OF PUBLIC
3-4 UTILITY COUNSEL
3-5 CHAPTER 102. JURISDICTION AND POWERS OF RAILROAD COMMISSION
3-6 AND OTHER REGULATORY AUTHORITIES
3-7 CHAPTER 103. JURISDICTION AND POWERS OF MUNICIPALITY
3-8 CHAPTER 104. RATES AND SERVICES
3-9 CHAPTER 105. JUDICIAL REVIEW; ENFORCEMENT AND PENALTIES
3-10 (Chapters 106-120 reserved for expansion)
3-11 SUBTITLE B. REGULATION OF TRANSPORTATION AND USE
3-12 CHAPTER 121. GAS PIPELINES
3-13 CHAPTER 122. GAS UTILITY PIPELINE TAX
3-14 CHAPTER 123. USE OF NATURAL GAS FOR AGRICULTURAL PURPOSES
3-15 CHAPTER 124. SUBMETERING TO MOBILE HOME PARKS AND
3-16 APARTMENT HOUSES
3-17 (Chapters 125-160 reserved for expansion)
3-18 TITLE 4. DELIVERY OF UTILITY SERVICES
3-19 SUBTITLE A. UTILITY CORPORATIONS AND OTHER PROVIDERS
3-20 CHAPTER 161. ELECTRIC COOPERATIVE CORPORATIONS
3-21 CHAPTER 162. TELEPHONE COOPERATIVE CORPORATIONS
3-22 CHAPTER 163. JOINT POWERS AGENCIES
3-23 CHAPTER 164. JOINT OWNERSHIP OF ELECTRIC FACILITIES BY
3-24 PUBLIC ENTITIES
3-25 (Chapters 165-180 reserved for expansion)
4-1 SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES
4-2 CHAPTER 181. MISCELLANEOUS POWERS AND DUTIES OF UTILITIES
4-3 CHAPTER 182. RIGHTS OF UTILITY CUSTOMERS
4-4 CHAPTER 183. UTILITY DEPOSITS
4-5 CHAPTER 184. ELECTRIC AND WATER METERING
4-6 CHAPTER 185. RATING OF SOLAR ENERGY DEVICES
4-7 CHAPTER 186. PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY
4-8 OF UTILITY SERVICE
4-9 UTILITIES CODE
4-10 TITLE 1. GENERAL PROVISIONS
4-11 CHAPTER 1. GENERAL PROVISIONS
4-12 Sec. 1.001. PURPOSE OF CODE
4-13 Sec. 1.002. CONSTRUCTION OF CODE
4-14 Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE
4-15 CHAPTER 1. GENERAL PROVISIONS
4-16 Sec. 1.001. PURPOSE OF CODE. (a) This code is enacted as a
4-17 part of the state's continuing statutory revision program, begun by
4-18 the Texas Legislative Council in 1963 as directed by the
4-19 legislature in the law codified as Section 323.007, Government
4-20 Code. The program contemplates a topic-by-topic revision of the
4-21 state's general and permanent statute law without substantive
4-22 change.
4-23 (b) Consistent with the objectives of the statutory revision
4-24 program, the purpose of this code is to make the law encompassed by
4-25 this code more accessible and understandable by:
5-1 (1) rearranging the statutes into a more logical
5-2 order;
5-3 (2) employing a format and numbering system designed
5-4 to facilitate citation of the law and to accommodate future
5-5 expansion of the law;
5-6 (3) eliminating repealed, duplicative,
5-7 unconstitutional, expired, executed, and other ineffective
5-8 provisions; and
5-9 (4) restating the law in modern American English to
5-10 the greatest extent possible. (New.)
5-11 Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government
5-12 Code (Code Construction Act), applies to the construction of each
5-13 provision in this code except as otherwise expressly provided by
5-14 this code. (New.)
5-15 Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A
5-16 reference in a law to a statute or a part of a statute revised by
5-17 this code is considered to be a reference to the part of this code
5-18 that revises that statute or part of that statute. (New.)
5-19 (Chapters 2-10 reserved for expansion)
5-20 TITLE 2. PUBLIC UTILITY REGULATORY ACT
5-21 SUBTITLE A. PROVISIONS APPLICABLE TO ALL UTILITIES
5-22 CHAPTER 11. GENERAL PROVISIONS
5-23 Sec. 11.001. SHORT TITLE
5-24 Sec. 11.002. PURPOSE AND FINDINGS
5-25 Sec. 11.003. DEFINITIONS
6-1 Sec. 11.004. DEFINITION OF UTILITY
6-2 Sec. 11.005. ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN
6-3 MANNER OTHER THAN BY SETTING OF RATES
6-4 Sec. 11.006. PERSON DETERMINED TO BE AFFILIATE
6-5 Sec. 11.007. ADMINISTRATIVE PROCEDURE
6-6 Sec. 11.008. LIBERAL CONSTRUCTION
6-7 Sec. 11.009. CONSTRUCTION WITH FEDERAL AUTHORITY
6-8 CHAPTER 11. GENERAL PROVISIONS
6-9 Sec. 11.001. SHORT TITLE. This title may be cited as the
6-10 Public Utility Regulatory Act. (V.A.C.S. Art. 1446c-0, Sec.
6-11 1.001.)
6-12 Sec. 11.002. PURPOSE AND FINDINGS. (a) This title is
6-13 enacted to protect the public interest inherent in the rates and
6-14 services of public utilities. The purpose of this title is to
6-15 establish a comprehensive and adequate regulatory system for public
6-16 utilities to assure rates, operations, and services that are just
6-17 and reasonable to the consumers and to the utilities.
6-18 (b) Public utilities traditionally are by definition
6-19 monopolies in the areas they serve. As a result, the normal forces
6-20 of competition that regulate prices in a free enterprise society do
6-21 not operate. Public agencies regulate utility rates, operations,
6-22 and services as a substitute for competition. (V.A.C.S.
6-23 Art. 1446c-0, Sec. 1.002.)
6-24 Sec. 11.003. DEFINITIONS. In this title:
6-25 (1) "Affected person" means:
7-1 (A) a public utility affected by an action of a
7-2 regulatory authority;
7-3 (B) a person whose utility service or rates are
7-4 affected by a proceeding before a regulatory authority; or
7-5 (C) a person who:
7-6 (i) is a competitor of a public utility
7-7 with respect to a service performed by the utility; or
7-8 (ii) wants to enter into competition with
7-9 a public utility.
7-10 (2) "Affiliate" means:
7-11 (A) a person who directly or indirectly owns or
7-12 holds at least five percent of the voting securities of a public
7-13 utility;
7-14 (B) a person in a chain of successive ownership
7-15 of at least five percent of the voting securities of a public
7-16 utility;
7-17 (C) a corporation that has at least five percent
7-18 of its voting securities owned or controlled, directly or
7-19 indirectly, by a public utility;
7-20 (D) a corporation that has at least five percent
7-21 of its voting securities owned or controlled, directly or
7-22 indirectly, by:
7-23 (i) a person who directly or indirectly
7-24 owns or controls at least five percent of the voting securities of
7-25 a public utility; or
8-1 (ii) a person in a chain of successive
8-2 ownership of at least five percent of the voting securities of a
8-3 public utility;
8-4 (E) a person who is an officer or director of a
8-5 public utility or of a corporation in a chain of successive
8-6 ownership of at least five percent of the voting securities of a
8-7 public utility; or
8-8 (F) a person determined to be an affiliate under
8-9 Section 11.006.
8-10 (3) "Allocation" means the division among
8-11 municipalities or among municipalities and unincorporated areas of
8-12 the plant, revenues, expenses, taxes, and reserves of a utility
8-13 used to provide public utility service in a municipality or for a
8-14 municipality and unincorporated areas.
8-15 (4) "Commission" means the Public Utility Commission
8-16 of Texas.
8-17 (5) "Commissioner" means a member of the Public
8-18 Utility Commission of Texas.
8-19 (6) "Cooperative corporation" means:
8-20 (A) an electric cooperative corporation
8-21 organized under Chapter 161 or a predecessor statute to Chapter 161
8-22 and operating under that chapter; or
8-23 (B) a telephone cooperative corporation
8-24 organized under Chapter 162 or a predecessor statute to Chapter 162
8-25 and operating under that chapter.
9-1 (7) "Corporation" means a domestic or foreign
9-2 corporation, joint-stock company, or association, and each lessee,
9-3 assignee, trustee, receiver, or other successor in interest of the
9-4 corporation, company, or association, that has any of the powers or
9-5 privileges of a corporation not possessed by an individual or
9-6 partnership. The term does not include a municipal corporation,
9-7 except as expressly provided by this title.
9-8 (8) "Counsellor" means the public utility counsel.
9-9 (9) "Facilities" means all of the plant and equipment
9-10 of a public utility, and includes the tangible and intangible
9-11 property, without limitation, owned, operated, leased, licensed,
9-12 used, controlled, or supplied for, by, or in connection with the
9-13 business of the public utility.
9-14 (10) "Municipally owned utility" means a utility
9-15 owned, operated, and controlled by a municipality or by a nonprofit
9-16 corporation the directors of which are appointed by one or more
9-17 municipalities.
9-18 (11) "Office" means the Office of Public Utility
9-19 Counsel.
9-20 (12) "Order" means all or a part of a final
9-21 disposition by a regulatory authority in a matter other than
9-22 rulemaking, without regard to whether the disposition is
9-23 affirmative or negative or injunctive or declaratory. The term
9-24 includes:
9-25 (A) the issuance of a certificate of convenience
10-1 and necessity; and
10-2 (B) the setting of a rate.
10-3 (13) "Person" includes an individual, a partnership of
10-4 two or more persons having a joint or common interest, a mutual or
10-5 cooperative association, and a corporation.
10-6 (14) "Proceeding" means a hearing, investigation,
10-7 inquiry, or other procedure for finding facts or making a decision
10-8 under this title. The term includes a denial of relief or
10-9 dismissal of a complaint.
10-10 (15) "Rate" includes:
10-11 (A) any compensation, tariff, charge, fare,
10-12 toll, rental, or classification that is directly or indirectly
10-13 demanded, observed, charged, or collected by a public utility for a
10-14 service, product, or commodity described in the definition of
10-15 utility in Section 31.002 or 51.002; and
10-16 (B) a rule, practice, or contract affecting the
10-17 compensation, tariff, charge, fare, toll, rental, or
10-18 classification.
10-19 (16) "Ratemaking proceeding" means:
10-20 (A) a proceeding in which a rate is changed; and
10-21 (B) a proceeding initiated under Chapter 34.
10-22 (17) "Regulatory authority" means either the
10-23 commission or the governing body of a municipality, in accordance
10-24 with the context.
10-25 (18) "Service" has its broadest and most inclusive
11-1 meaning. The term includes any act performed, anything supplied,
11-2 and any facilities used or supplied by a public utility in the
11-3 performance of the utility's duties under this title to its
11-4 patrons, employees, other public utilities, and the public. The
11-5 term also includes the interchange of facilities between two or
11-6 more public utilities. The term does not include the printing,
11-7 distribution, or sale of advertising in a telephone directory.
11-8 (19) "Test year" means the most recent 12 months,
11-9 beginning on the first day of a calendar or fiscal year quarter,
11-10 for which operating data for a public utility are available.
11-11 (20) "Trade association" means a nonprofit,
11-12 cooperative, and voluntarily joined association of business or
11-13 professional persons who are employed by public utilities or
11-14 utility competitors to assist the public utility industry, a
11-15 utility competitor, or the industry's or competitor's employees in
11-16 dealing with mutual business or professional problems and in
11-17 promoting their common interest. (V.A.C.S. Art. 1446c-0, Secs.
11-18 1.003(1), (2) (part), (3), (4), (5), (6), (7), (8), (9), (10),
11-19 (11), (12), (13), (13A), (14), (15), (16), (17), (18); New.)
11-20 Sec. 11.004. DEFINITION OF UTILITY. In Subtitle A, "public
11-21 utility" or "utility" means:
11-22 (1) an electric utility, as that term is defined by
11-23 Section 31.002; or
11-24 (2) a public utility or utility, as those terms are
11-25 defined by Section 51.002. (V.A.C.S. Art. 1446c-0, Sec. 1.004.)
12-1 Sec. 11.005. ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN
12-2 MANNER OTHER THAN BY SETTING OF RATES. In this title, an entity,
12-3 including a utility competitor or utility supplier, is considered
12-4 to be affected in a manner other than by the setting of rates for
12-5 that class of customer if during a relevant calendar year the
12-6 entity provides fuel, utility-related goods, utility-related
12-7 products, or utility-related services to a regulated or unregulated
12-8 provider of telecommunications or electric services or to an
12-9 affiliate in an amount equal to the greater of $10,000 or 10
12-10 percent of the person's business. (V.A.C.S. Art. 1446c-0, Sec.
12-11 1.006.)
12-12 Sec. 11.006. PERSON DETERMINED TO BE AFFILIATE. (a) The
12-13 commission may determine that a person is an affiliate for purposes
12-14 of this title if the commission after notice and hearing finds that
12-15 the person:
12-16 (1) actually exercises substantial influence or
12-17 control over the policies and actions of a public utility;
12-18 (2) is a person over which a public utility exercises
12-19 the control described by Subdivision (1);
12-20 (3) is under common control with a public utility; or
12-21 (4) together with one or more persons with whom the
12-22 person is related by ownership or blood relationship, or by action
12-23 in concert, actually exercises substantial influence over the
12-24 policies and actions of a public utility even though neither person
12-25 may qualify as an affiliate individually.
13-1 (b) For purposes of Subsection (a)(3), "common control with
13-2 a public utility" means the direct or indirect possession of the
13-3 power to direct or cause the direction of the management and
13-4 policies of another, without regard to whether that power is
13-5 established through ownership or voting of securities or by any
13-6 other direct or indirect means. (V.A.C.S. Art. 1446c-0, Sec.
13-7 1.003(2) (part).)
13-8 Sec. 11.007. ADMINISTRATIVE PROCEDURE. (a) Chapter 2001,
13-9 Government Code, applies to a proceeding under this title except to
13-10 the extent inconsistent with this title.
13-11 (b) A communication of a member or employee of the
13-12 commission with any person, including a party or a party's
13-13 representative, is governed by Section 2001.061, Government Code.
13-14 (V.A.C.S. Art. 1446c-0, Sec. 1.005(a).)
13-15 Sec. 11.008. LIBERAL CONSTRUCTION. This title shall be
13-16 construed liberally to promote the effectiveness and efficiency of
13-17 regulation of public utilities to the extent that this construction
13-18 preserves the validity of this title and its provisions. (V.A.C.S.
13-19 Art. 1446c-0, Sec. 1.404 (part).)
13-20 Sec. 11.009. CONSTRUCTION WITH FEDERAL AUTHORITY. This
13-21 title shall be construed to apply so as not to conflict with any
13-22 authority of the United States. (V.A.C.S. Art. 1446c-0, Sec. 1.404
13-23 (part).)
14-1 CHAPTER 12. ORGANIZATION OF COMMISSION
14-2 SUBCHAPTER A. GENERAL PROVISIONS
14-3 Sec. 12.001. PUBLIC UTILITY COMMISSION OF TEXAS
14-4 Sec. 12.002. OFFICE
14-5 Sec. 12.003. SEAL
14-6 Sec. 12.004. REPRESENTATION BY THE ATTORNEY GENERAL
14-7 Sec. 12.005. APPLICATION OF SUNSET ACT
14-8 (Sections 12.006-12.050 reserved for expansion)
14-9 SUBCHAPTER B. COMMISSION APPOINTMENT AND FUNCTIONS
14-10 Sec. 12.051. APPOINTMENT; TERM
14-11 Sec. 12.052. PRESIDING OFFICER
14-12 Sec. 12.053. MEMBERSHIP QUALIFICATIONS
14-13 Sec. 12.054. REMOVAL OF COMMISSIONER
14-14 Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE
14-15 Sec. 12.056. EFFECT OF VACANCY
14-16 Sec. 12.057. COMPENSATION
14-17 Sec. 12.058. MEETINGS
14-18 Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONERS
14-19 (Sections 12.060-12.100 reserved for expansion)
14-20 SUBCHAPTER C. COMMISSION PERSONNEL
14-21 Sec. 12.101. COMMISSION EMPLOYEES
14-22 Sec. 12.102. DUTIES OF EMPLOYEES
14-23 Sec. 12.103. DUTIES OF EXECUTIVE DIRECTOR
14-24 Sec. 12.104. DUTIES OF GENERAL COUNSEL
15-1 Sec. 12.105. CAREER LADDER PROGRAM; PERFORMANCE
15-2 EVALUATIONS; MERIT PAY
15-3 Sec. 12.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
15-4 (Sections 12.107-12.150 reserved for expansion)
15-5 SUBCHAPTER D. PROHIBITED RELATIONSHIPS AND ACTIVITIES
15-6 Sec. 12.151. REGISTERED LOBBYIST
15-7 Sec. 12.152. CONFLICT OF INTEREST
15-8 Sec. 12.153. RELATIONSHIP WITH TRADE ASSOCIATION
15-9 Sec. 12.154. PROHIBITED ACTIVITIES
15-10 Sec. 12.155. PROHIBITION ON EMPLOYMENT OR REPRESENTATION
15-11 Sec. 12.156. QUALIFICATIONS AND STANDARDS OF
15-12 CONDUCT INFORMATION
15-13 (Sections 12.157-12.200 reserved for expansion)
15-14 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND REPORTS
15-15 Sec. 12.201. PUBLIC INTEREST INFORMATION
15-16 Sec. 12.202. PUBLIC PARTICIPATION
15-17 Sec. 12.203. ANNUAL REPORT
15-18 (Sections 12.204-12.250 reserved for expansion)
15-19 SUBCHAPTER F. HISTORICALLY UNDERUTILIZED BUSINESSES
15-20 Sec. 12.251. DEFINITION
15-21 Sec. 12.252. COMMISSION AUTHORITY
15-22 Sec. 12.253. REPORT REQUIRED
15-23 Sec. 12.254. DISCRIMINATION PROHIBITED
15-24 Sec. 12.255. CAUSE OF ACTION NOT CREATED
16-1 CHAPTER 12. ORGANIZATION OF COMMISSION
16-2 SUBCHAPTER A. GENERAL PROVISIONS
16-3 Sec. 12.001. PUBLIC UTILITY COMMISSION OF TEXAS. The Public
16-4 Utility Commission of Texas exercises the jurisdiction and powers
16-5 conferred by this title. (V.A.C.S. Art. 1446c-0, Sec. 1.021(a)
16-6 (part).)
16-7 Sec. 12.002. OFFICE. (a) The principal office of the
16-8 commission is in Austin.
16-9 (b) The office shall be open daily during usual business
16-10 hours. The office is not required to be open on Saturday, Sunday,
16-11 or a legal holiday. (V.A.C.S. Art. 1446c-0, Sec. 1.031(a) (part).)
16-12 Sec. 12.003. SEAL. (a) The commission has a seal bearing
16-13 the inscription: "Public Utility Commission of Texas."
16-14 (b) The seal shall be affixed to each record and to an
16-15 authentication of a copy of a record. The commission may require
16-16 the seal to be affixed to other instruments.
16-17 (c) A court of this state shall take judicial notice of the
16-18 seal. (V.A.C.S. Art. 1446c-0, Sec. 1.032.)
16-19 Sec. 12.004. REPRESENTATION BY THE ATTORNEY GENERAL. The
16-20 attorney general shall represent the commission in a matter before
16-21 a state court, a court of the United States, or a federal public
16-22 utility regulatory commission. (V.A.C.S. Art. 1446c-0, Secs.
16-23 1.037, 1.301 (part).)
16-24 Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
16-25 Commission of Texas is subject to Chapter 325, Government Code
17-1 (Texas Sunset Act). Unless continued in existence as provided by
17-2 that chapter, the commission is abolished and this title expires
17-3 September 1, 2001. (V.A.C.S. Art. 1446c-0, Sec. 1.022 (part).)
17-4 (Sections 12.006-12.050 reserved for expansion)
17-5 SUBCHAPTER B. COMMISSION APPOINTMENT AND FUNCTIONS
17-6 Sec. 12.051. APPOINTMENT; TERM. (a) The commission is
17-7 composed of three commissioners appointed by the governor with the
17-8 advice and consent of the senate.
17-9 (b) An appointment to the commission shall be made without
17-10 regard to the race, color, disability, sex, religion, age, or
17-11 national origin of the appointee.
17-12 (c) Commissioners serve staggered, six-year terms.
17-13 (V.A.C.S. Art. 1446c-0, Secs. 1.021(a) (part), (d).)
17-14 Sec. 12.052. PRESIDING OFFICER. (a) The governor shall
17-15 designate a commissioner as the presiding officer.
17-16 (b) The presiding officer serves in that capacity at the
17-17 pleasure of the governor. (V.A.C.S. Art. 1446c-0, Sec. 1.021(c).)
17-18 Sec. 12.053. MEMBERSHIP QUALIFICATIONS. (a) To be eligible
17-19 for appointment, a commissioner must be:
17-20 (1) a qualified voter;
17-21 (2) a citizen of the United States; and
17-22 (3) a representative of the general public.
17-23 (b) A person is not eligible for appointment as a
17-24 commissioner if the person:
17-25 (1) at any time during the two years preceding
18-1 appointment:
18-2 (A) personally served as an officer, director,
18-3 owner, employee, partner, or legal representative of a public
18-4 utility, affiliate, or direct competitor of a public utility; or
18-5 (B) owned or controlled, directly or indirectly,
18-6 stocks or bonds of any class with a value of $10,000 or more in a
18-7 public utility, affiliate, or direct competitor of a public
18-8 utility; or
18-9 (2) is not qualified to serve under Section 12.151,
18-10 12.152, or 12.153. (V.A.C.S. Art. 1446c-0, Secs. 1.023(a) (part),
18-11 (c).)
18-12 Sec. 12.054. REMOVAL OF COMMISSIONER. (a) It is a ground
18-13 for removal from the commission if a commissioner:
18-14 (1) does not have at the time of appointment or
18-15 maintain during service on the commission the qualifications
18-16 required by Section 12.053;
18-17 (2) violates a prohibition provided by Section 12.053
18-18 or by Subchapter D;
18-19 (3) cannot discharge the commissioner's duties for a
18-20 substantial part of the term for which the commissioner is
18-21 appointed because of illness or disability; or
18-22 (4) is absent from more than half of the regularly
18-23 scheduled commission meetings that the commissioner is eligible to
18-24 attend during a calendar year unless the absence is excused by
18-25 majority vote of the commission.
19-1 (b) The validity of an action of the commission is not
19-2 affected by the fact that the action is taken when a ground for
19-3 removal of a commissioner exists.
19-4 (c) If the executive director has knowledge that a potential
19-5 ground for removal exists, the executive director shall notify the
19-6 presiding officer of the commission of the potential ground. The
19-7 presiding officer shall then notify the governor and the attorney
19-8 general that a potential ground for removal exists. If the
19-9 potential ground for removal involves the presiding officer, the
19-10 executive director shall notify the next highest officer of the
19-11 commission, who shall notify the governor and the attorney general
19-12 that a potential ground for removal exists. (V.A.C.S.
19-13 Art. 1446c-0, Secs. 1.026(a), (b), (c).)
19-14 Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A
19-15 person may not seek nomination or election to another civil office
19-16 of this state or of the United States while serving as a
19-17 commissioner. If a commissioner files for nomination or election
19-18 to another civil office of this state or of the United States, the
19-19 person's office as commissioner immediately becomes vacant, and the
19-20 governor shall appoint a successor. (V.A.C.S. Art. 1446c-0, Sec.
19-21 1.024(f).)
19-22 Sec. 12.056. EFFECT OF VACANCY. A vacancy or
19-23 disqualification does not prevent the remaining commissioner or
19-24 commissioners from exercising the powers of the commission.
19-25 (V.A.C.S. Art. 1446c-0, Sec. 1.033 (part).)
20-1 Sec. 12.057. COMPENSATION. The annual salary of the
20-2 commissioners is determined by the legislature. (V.A.C.S.
20-3 Art. 1446c-0, Sec. 1.030.)
20-4 Sec. 12.058. MEETINGS. The commission shall hold meetings
20-5 at its office and at other convenient places in this state as
20-6 expedient and necessary for the proper performance of the
20-7 commission's duties. (V.A.C.S. Art. 1446c-0, Sec. 1.031(a)
20-8 (part).)
20-9 Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONERS.
20-10 (a) Before a commissioner may assume the commissioner's duties and
20-11 before the commissioner may be confirmed by the senate, the
20-12 commissioner must complete at least one course of the training
20-13 program established under this section.
20-14 (b) A training program established under this section shall
20-15 provide information to the commissioner regarding:
20-16 (1) the enabling legislation that created the
20-17 commission and its policymaking body to which the commissioner is
20-18 appointed to serve;
20-19 (2) the programs operated by the commission;
20-20 (3) the role and functions of the commission;
20-21 (4) the rules of the commission with an emphasis on
20-22 the rules that relate to disciplinary and investigatory authority;
20-23 (5) the current budget for the commission;
20-24 (6) the results of the most recent formal audit of the
20-25 commission;
21-1 (7) the requirements of Chapters 551, 552, and 2001,
21-2 Government Code;
21-3 (8) the requirements of the conflict of interest laws
21-4 and other laws relating to public officials; and
21-5 (9) any applicable ethics policies adopted by the
21-6 commission or the Texas Ethics Commission. (V.A.C.S. Art. 1446c-0,
21-7 Secs. 1.026(d), (e).)
21-8 (Sections 12.060-12.100 reserved for expansion)
21-9 SUBCHAPTER C. COMMISSION PERSONNEL
21-10 Sec. 12.101. COMMISSION EMPLOYEES. The commission shall
21-11 employ:
21-12 (1) an executive director;
21-13 (2) a general counsel; and
21-14 (3) officers and other employees the commission
21-15 considers necessary to administer this title. (V.A.C.S.
21-16 Art. 1446c-0, Sec. 1.028(a) (part).)
21-17 Sec. 12.102. DUTIES OF EMPLOYEES. The commission shall
21-18 develop and implement policies that clearly define the respective
21-19 responsibilities of the commission and commission employees.
21-20 (V.A.C.S. Art. 1446c-0, Sec. 1.028(a) (part).)
21-21 Sec. 12.103. DUTIES OF EXECUTIVE DIRECTOR. The executive
21-22 director is responsible for the daily operations of the commission
21-23 and shall coordinate the activities of commission employees.
21-24 (V.A.C.S. Art. 1446c-0, Sec. 1.028(b).)
21-25 Sec. 12.104. DUTIES OF GENERAL COUNSEL. The duties of the
22-1 general counsel include:
22-2 (1) gathering information relating to each matter
22-3 within the authority of the commission;
22-4 (2) accumulating evidence and other information for
22-5 the purposes specified by this section from:
22-6 (A) public utilities;
22-7 (B) the accounting, technical, and other
22-8 commission staff; and
22-9 (C) other sources;
22-10 (3) preparing and presenting the evidence described by
22-11 Subdivision (2) in a proceeding before the commission or the
22-12 commission's appointed examiner;
22-13 (4) conducting an investigation of a public utility
22-14 under the jurisdiction of the commission;
22-15 (5) preparing proposed changes in the rules of the
22-16 commission;
22-17 (6) preparing recommendations that the commission
22-18 investigate a matter within its authority;
22-19 (7) preparing recommendations and a report by
22-20 commission employees for inclusion in the annual report of the
22-21 commission;
22-22 (8) protecting and representing the public interest
22-23 and, as necessary to effect the objectives and purposes stated in
22-24 this title and protect the public interest, coordinating and
22-25 directing the preparation and presentation of evidence from
23-1 commission employees in each case before the commission; and
23-2 (9) performing any other activity reasonably necessary
23-3 to the general counsel's duties. (V.A.C.S. Art. 1446c-0, Secs.
23-4 1.028(c), (d).)
23-5 Sec. 12.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS;
23-6 MERIT PAY. (a) The executive director or the executive director's
23-7 designee shall develop an intra-agency career ladder program that
23-8 addresses opportunities for mobility and advancement for commission
23-9 employees. The program shall require intra-agency posting of each
23-10 position concurrently with any public posting.
23-11 (b) The executive director or the executive director's
23-12 designee shall develop a system of annual performance evaluations
23-13 that are based on documented employee performance. Merit pay for
23-14 commission employees must be based on the system established under
23-15 this subsection. (V.A.C.S. Art. 1446c-0, Sec. 1.029(a).)
23-16 Sec. 12.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
23-17 (a) The executive director or the executive director's designee
23-18 shall prepare and maintain a written policy statement to ensure
23-19 implementation of a program of equal employment opportunity under
23-20 which all personnel transactions are made without regard to race,
23-21 color, disability, sex, religion, age, or national origin.
23-22 (b) The policy statement under Subsection (a) must include:
23-23 (1) personnel policies, including policies related to
23-24 recruitment, evaluation, selection, appointment, training, and
23-25 promotion of personnel, that are in compliance with the
24-1 requirements of Chapter 21, Labor Code;
24-2 (2) a comprehensive analysis of the commission
24-3 workforce that meets federal and state guidelines;
24-4 (3) procedures by which a determination can be made
24-5 about the extent of underuse in the commission workforce of all
24-6 persons for whom federal or state guidelines encourage a more
24-7 equitable balance; and
24-8 (4) reasonable methods to appropriately address the
24-9 underuse.
24-10 (c) A policy statement prepared under Subsection (b) must:
24-11 (1) cover an annual period;
24-12 (2) be updated at least annually;
24-13 (3) be reviewed by the Commission on Human Rights for
24-14 compliance with Subsection (b)(1); and
24-15 (4) be filed with the governor's office.
24-16 (d) The governor's office shall deliver a biennial report to
24-17 the legislature based on the information received under Subsection
24-18 (c). The report may be made separately or as a part of other
24-19 biennial reports to the legislature. (V.A.C.S. Art. 1446c-0, Secs.
24-20 1.029(b), (c), (d).)
24-21 (Sections 12.107-12.150 reserved for expansion)
24-22 SUBCHAPTER D. PROHIBITED RELATIONSHIPS AND ACTIVITIES
24-23 Sec. 12.151. REGISTERED LOBBYIST. A person required to
24-24 register as a lobbyist under Chapter 305, Government Code, because
24-25 of the person's activities for compensation on behalf of a
25-1 profession related to the operation of the commission may not serve
25-2 as a commissioner or act as general counsel to the commission.
25-3 (V.A.C.S. Art. 1446c-0, Sec. 1.023(d) (part).)
25-4 Sec. 12.152. CONFLICT OF INTEREST. (a) A person is not
25-5 eligible for appointment as a commissioner or for employment as the
25-6 general counsel or executive director of the commission if:
25-7 (1) the person serves on the board of directors of a
25-8 company that supplies fuel, utility-related services, or
25-9 utility-related products to regulated or unregulated electric or
25-10 telecommunications utilities; or
25-11 (2) the person or the person's spouse:
25-12 (A) is employed by or participates in the
25-13 management of a business entity or other organization that is
25-14 regulated by or receives funds from the commission;
25-15 (B) directly or indirectly owns or controls more
25-16 than a 10 percent interest or a pecuniary interest with a value
25-17 exceeding $10,000 in:
25-18 (i) a business entity or other
25-19 organization that is regulated by or receives funds from the
25-20 commission; or
25-21 (ii) a utility competitor, utility
25-22 supplier, or other entity affected by a commission decision in a
25-23 manner other than by the setting of rates for that class of
25-24 customer;
25-25 (C) uses or receives a substantial amount of
26-1 tangible goods, services, or funds from the commission, other than
26-2 compensation or reimbursement authorized by law for commission
26-3 membership, attendance, or expenses; or
26-4 (D) notwithstanding Paragraph (B), has an
26-5 interest in a mutual fund or retirement fund in which more than 10
26-6 percent of the fund's holdings at the time of appointment is in a
26-7 single utility, utility competitor, or utility supplier in this
26-8 state and the person does not disclose this information to the
26-9 governor, senate, commission, or other entity, as appropriate.
26-10 (b) A person otherwise ineligible because of Subsection
26-11 (a)(2)(B) may be appointed to the commission and serve as a
26-12 commissioner or may be employed as the general counsel or executive
26-13 director if the person:
26-14 (1) notifies the attorney general and commission that
26-15 the person is ineligible because of Subsection (a)(2)(B); and
26-16 (2) divests the person or the person's spouse of the
26-17 ownership or control:
26-18 (A) before beginning service or employment; or
26-19 (B) if the person is already serving or
26-20 employed, within a reasonable time. (V.A.C.S. Art. 1446c-0, Secs.
26-21 1.023(e), (f).)
26-22 Sec. 12.153. RELATIONSHIP WITH TRADE ASSOCIATION. A person
26-23 may not serve as a commissioner or be a commission employee who is
26-24 exempt from the state's position classification plan or is
26-25 compensated at or above the amount prescribed by the General
27-1 Appropriations Act for step 1, salary group 17, of the position
27-2 classification salary schedule if the person is:
27-3 (1) an officer, employee, or paid consultant of a
27-4 trade association; or
27-5 (2) the spouse of an officer, manager, or paid
27-6 consultant of a trade association. (V.A.C.S. Art. 1446c-0, Secs.
27-7 1.023(g), (h).)
27-8 Sec. 12.154. PROHIBITED ACTIVITIES. (a) During the period
27-9 of service with the commission, a commissioner or commission
27-10 employee may not:
27-11 (1) have a pecuniary interest, including an interest
27-12 as an officer, director, partner, owner, employee, attorney, or
27-13 consultant, in:
27-14 (A) a public utility or affiliate; or
27-15 (B) a person a significant portion of whose
27-16 business consists of furnishing goods or services to public
27-17 utilities or affiliates;
27-18 (2) directly or indirectly own or control securities
27-19 in a public utility, affiliate, or direct competitor of a public
27-20 utility; or
27-21 (3) accept a gift, gratuity, or entertainment from:
27-22 (A) a public utility, affiliate, or direct
27-23 competitor of a public utility;
27-24 (B) a person a significant portion of whose
27-25 business consists of furnishing goods or services to public
28-1 utilities, affiliates, or direct competitors of public utilities;
28-2 or
28-3 (C) an agent, representative, attorney,
28-4 employee, officer, owner, director, or partner of a person
28-5 described by Paragraph (A) or (B).
28-6 (b) A commissioner or a commission employee may not directly
28-7 or indirectly solicit, request from, or suggest or recommend to a
28-8 public utility or an agent, representative, attorney, employee,
28-9 officer, owner, director, or partner of a public utility the
28-10 appointment to a position or the employment of a person by the
28-11 public utility or affiliate.
28-12 (c) A person may not give or offer to give a gift, gratuity,
28-13 employment, or entertainment to a commissioner or commission
28-14 employee if that person is:
28-15 (1) a public utility, affiliate, or direct competitor
28-16 of a public utility;
28-17 (2) a person who furnishes goods or services to a
28-18 public utility, affiliate, or direct competitor of a public
28-19 utility; or
28-20 (3) an agent, representative, attorney, employee,
28-21 officer, owner, director, or partner of a person described by
28-22 Subdivision (1) or (2).
28-23 (d) A public utility, affiliate, or direct competitor of a
28-24 public utility or a person furnishing goods or services to a public
28-25 utility, affiliate, or direct competitor of a public utility may
29-1 not aid, abet, or participate with a commissioner, commission
29-2 employee, or former commission employee in conduct that violates
29-3 Subsection (a)(3) or (c).
29-4 (e) Subsection (a)(1) does not apply to an interest in a
29-5 nonprofit group or association, other than a trade association,
29-6 that is solely supported by gratuitous contributions of money,
29-7 property, or services.
29-8 (f) It is not a violation of this section if a commissioner
29-9 or commission employee, on becoming the owner of stocks, bonds, or
29-10 another pecuniary interest in a public utility, affiliate, or
29-11 direct competitor of a public utility otherwise than voluntarily,
29-12 informs the commission and the attorney general of the ownership
29-13 and divests the ownership or interest within a reasonable time.
29-14 (g) It is not a violation of this section if a pecuniary
29-15 interest is held indirectly by ownership of an interest in a
29-16 retirement system, institution, or fund that in the normal course
29-17 of business invests in diverse securities independently of the
29-18 control of the commissioner or commission employee.
29-19 (h) This section does not apply to a contract for a public
29-20 utility product or service or equipment for use of a public utility
29-21 product when a commissioner or commission employee is acting as a
29-22 consumer.
29-23 (i) In this section, a "pecuniary interest" includes income,
29-24 compensation, and payment of any kind, in addition to an ownership
29-25 interest. (V.A.C.S. Art. 1446c-0, Secs. 1.024(a) (part), (b), (c),
30-1 (d), (e).)
30-2 Sec. 12.155. PROHIBITION ON EMPLOYMENT OR REPRESENTATION.
30-3 (a) A commissioner, a commission employee, or an employee of the
30-4 State Office of Administrative Hearings involved in hearing utility
30-5 cases may not:
30-6 (1) be employed by a public utility that was in the
30-7 scope of the commissioner's or employee's official responsibility
30-8 while the commissioner or employee was associated with the
30-9 commission or the State Office of Administrative Hearings; or
30-10 (2) represent a person before the commission or State
30-11 Office of Administrative Hearings or a court in a matter:
30-12 (A) in which the commissioner or employee was
30-13 personally involved while associated with the commission or State
30-14 Office of Administrative Hearings; or
30-15 (B) that was within the commissioner's or
30-16 employee's official responsibility while the commissioner or
30-17 employee was associated with the commission or State Office of
30-18 Administrative Hearings.
30-19 (b) The prohibition of Subsection (a)(1) applies until the:
30-20 (1) second anniversary of the date the commissioner
30-21 ceases to serve as a commissioner; and
30-22 (2) first anniversary of the date the employee's
30-23 employment with the commission or State Office of Administrative
30-24 Hearings ceases.
30-25 (c) The prohibition of Subsection (a)(2) applies while a
31-1 commissioner, commission employee, or employee of the State Office
31-2 of Administrative Hearings involved in hearing utility cases is
31-3 associated with the commission or State Office of Administrative
31-4 Hearings and at any time after. (V.A.C.S. Art. 1446c-0, Secs.
31-5 1.025(a), (b).)
31-6 Sec. 12.156. QUALIFICATIONS AND STANDARDS OF CONDUCT
31-7 INFORMATION. The executive director or the executive director's
31-8 designee shall provide to commissioners and commission employees as
31-9 often as necessary information regarding their:
31-10 (1) qualifications for office or employment under this
31-11 title; and
31-12 (2) responsibilities under applicable laws relating to
31-13 standards of conduct for state officers and employees. (V.A.C.S.
31-14 Art. 1446c-0, Sec. 1.025(c).)
31-15 (Sections 12.157-12.200 reserved for expansion)
31-16 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND REPORTS
31-17 Sec. 12.201. PUBLIC INTEREST INFORMATION. (a) The
31-18 commission shall prepare information of public interest describing
31-19 the functions of the commission and the commission's procedures by
31-20 which a complaint is filed with and resolved by the commission.
31-21 The commission shall make the information available to the public
31-22 and appropriate state agencies.
31-23 (b) The commission by rule shall establish methods by which
31-24 consumers and service recipients are notified of the name, mailing
31-25 address, and telephone number of the commission for the purpose of
32-1 directing complaints to the commission. (V.A.C.S. Art. 1446c-0,
32-2 Secs. 1.036(a), (b).)
32-3 Sec. 12.202. PUBLIC PARTICIPATION. (a) The commission
32-4 shall develop and implement policies that provide the public with a
32-5 reasonable opportunity to appear before the commission and to speak
32-6 on any issue under the jurisdiction of the commission.
32-7 (b) The commission shall comply with federal and state laws
32-8 related to program and facility accessibility.
32-9 (c) The commission shall prepare and maintain a written plan
32-10 that describes how a person who does not speak English may be
32-11 provided reasonable access to the commission's programs and
32-12 services. (V.A.C.S. Art. 1446c-0, Secs. 1.031(b), 1.036(c).)
32-13 Sec. 12.203. ANNUAL REPORT. (a) The commission shall
32-14 prepare annually a complete and detailed written report accounting
32-15 for all funds received and disbursed by the commission during the
32-16 preceding fiscal year. The annual report must meet the reporting
32-17 requirements applicable to financial reporting in the General
32-18 Appropriations Act.
32-19 (b) In the annual report issued in the year preceding the
32-20 convening of each regular session of the legislature, the
32-21 commission shall make suggestions regarding modification and
32-22 improvement of the commission's statutory authority and for the
32-23 improvement of utility regulation in general that the commission
32-24 considers appropriate for protecting and furthering the interest of
32-25 the public. (V.A.C.S. Art. 1446c-0, Sec. 1.035.)
33-1 (Sections 12.204-12.250 reserved for expansion)
33-2 SUBCHAPTER F. HISTORICALLY UNDERUTILIZED BUSINESSES
33-3 Sec. 12.251. DEFINITION. In this subchapter, "historically
33-4 underutilized business" has the meaning assigned by Section
33-5 481.101, Government Code. (V.A.C.S. Art. 1446c-0, Sec. 1.407(c).)
33-6 Sec. 12.252. COMMISSION AUTHORITY. The commission, after
33-7 notice and hearing, may require each utility subject to regulation
33-8 under this title to make an effort to overcome the underuse of
33-9 historically underutilized businesses. (V.A.C.S. Art. 1446c-0,
33-10 Sec. 1.407(a).)
33-11 Sec. 12.253. REPORT REQUIRED. The commission shall require
33-12 each utility subject to regulation under this title to prepare and
33-13 submit to the commission a comprehensive annual report detailing
33-14 its use of historically underutilized businesses. (V.A.C.S.
33-15 Art. 1446c-0, Sec. 1.407(b).)
33-16 Sec. 12.254. DISCRIMINATION PROHIBITED. The rules adopted
33-17 under this subchapter may not be used to discriminate against a
33-18 citizen on the basis of sex, race, color, creed, or national
33-19 origin. (V.A.C.S. Art. 1446c-0, Sec. 1.407(d).)
33-20 Sec. 12.255. CAUSE OF ACTION NOT CREATED. This subchapter
33-21 does not create a public or private cause of action. (V.A.C.S.
33-22 Art. 1446c-0, Sec. 1.407(e).)
33-23 CHAPTER 13. OFFICE OF PUBLIC UTILITY COUNSEL
33-24 SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
33-25 Sec. 13.001. OFFICE OF PUBLIC UTILITY COUNSEL
34-1 Sec. 13.002. APPLICATION OF SUNSET ACT
34-2 Sec. 13.003. OFFICE POWERS AND DUTIES
34-3 (Sections 13.004-13.020 reserved for expansion)
34-4 SUBCHAPTER B. PUBLIC UTILITY COUNSEL
34-5 Sec. 13.021. APPOINTMENT; TERM
34-6 Sec. 13.022. QUALIFICATIONS
34-7 Sec. 13.023. GROUNDS FOR REMOVAL
34-8 Sec. 13.024. PROHIBITED ACTS
34-9 (Sections 13.025-13.040 reserved for expansion)
34-10 SUBCHAPTER C. OFFICE PERSONNEL
34-11 Sec. 13.041. PERSONNEL
34-12 Sec. 13.042. RELATIONSHIP WITH TRADE ASSOCIATION
34-13 Sec. 13.043. PROHIBITION ON EMPLOYMENT OR REPRESENTATION
34-14 Sec. 13.044. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS;
34-15 MERIT PAY
34-16 Sec. 13.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
34-17 Sec. 13.046. QUALIFICATIONS AND STANDARDS OF CONDUCT
34-18 INFORMATION
34-19 (Sections 13.047-13.060 reserved for expansion)
34-20 SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND REPORTS
34-21 Sec. 13.061. PUBLIC INTEREST INFORMATION
34-22 Sec. 13.062. PUBLIC PARTICIPATION
34-23 Sec. 13.063. ANNUAL REPORT
35-1 CHAPTER 13. OFFICE OF PUBLIC UTILITY COUNSEL
35-2 SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
35-3 Sec. 13.001. OFFICE OF PUBLIC UTILITY COUNSEL. The
35-4 independent office of public utility counsel represents the
35-5 interests of residential and small commercial consumers. (V.A.C.S.
35-6 Art. 1446c-0, Sec. 1.051(a).)
35-7 Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
35-8 Public Utility Counsel is subject to Chapter 325, Government Code
35-9 (Texas Sunset Act). Unless continued in existence as provided by
35-10 that chapter, the office is abolished and this chapter expires
35-11 September 1, 2001. (V.A.C.S. Art. 1446c-0, Sec. 1.022 (part).)
35-12 Sec. 13.003. OFFICE POWERS AND DUTIES. (a) The office:
35-13 (1) shall assess the effect of utility rate changes
35-14 and other regulatory actions on residential consumers in this
35-15 state;
35-16 (2) shall advocate in the office's own name a position
35-17 determined by the counsellor to be most advantageous to a
35-18 substantial number of residential consumers;
35-19 (3) may appear or intervene, as a party or otherwise,
35-20 as a matter of right on behalf of:
35-21 (A) residential consumers, as a class, in any
35-22 proceeding before the commission; and
35-23 (B) small commercial consumers, as a class, in
35-24 any proceeding in which the counsellor determines that small
35-25 commercial consumers are in need of representation;
36-1 (4) may initiate or intervene as a matter of right or
36-2 otherwise appear in a judicial proceeding that involves an action
36-3 taken by an administrative agency in a proceeding in which the
36-4 counsellor is authorized to appear;
36-5 (5) is entitled to the same access as a party, other
36-6 than commission staff, to records gathered by the commission under
36-7 Section 14.204;
36-8 (6) is entitled to discovery of any nonprivileged
36-9 matter that is relevant to the subject matter of a proceeding or
36-10 petition before the commission;
36-11 (7) may represent an individual residential or small
36-12 commercial consumer with respect to the consumer's disputed
36-13 complaint concerning utility services that is unresolved before the
36-14 commission; and
36-15 (8) may recommend legislation to the legislature that
36-16 the office determines would positively affect the interests of
36-17 residential and small commercial consumers.
36-18 (b) This section does not limit the authority of the
36-19 commission to represent residential or small commercial consumers.
36-20 (c) The appearance of the counsellor in a proceeding does
36-21 not preclude the appearance of other parties on behalf of
36-22 residential or small commercial consumers. The counsellor may not
36-23 be grouped with any other party. (V.A.C.S. Art. 1446c-0, Sec.
36-24 1.054.)
36-25 (Sections 13.004-13.020 reserved for expansion)
37-1 SUBCHAPTER B. PUBLIC UTILITY COUNSEL
37-2 Sec. 13.021. APPOINTMENT; TERM. (a) The chief executive of
37-3 the office is the counsellor.
37-4 (b) The counsellor is appointed by the governor with the
37-5 advice and consent of the senate.
37-6 (c) The appointment of the counsellor shall be made without
37-7 regard to the race, color, disability, sex, religion, age, or
37-8 national origin of the appointee.
37-9 (d) The counsellor serves a two-year term that expires on
37-10 February 1 of the final year of the term. (V.A.C.S. Art. 1446c-0,
37-11 Sec. 1.051(b).)
37-12 Sec. 13.022. QUALIFICATIONS. (a) The counsellor must:
37-13 (1) be licensed to practice law in this state;
37-14 (2) have demonstrated a strong commitment to and
37-15 involvement in efforts to safeguard the rights of the public; and
37-16 (3) possess the knowledge and experience necessary to
37-17 practice effectively in utility proceedings.
37-18 (b) A person is not eligible for appointment as counsellor
37-19 if:
37-20 (1) the person or the person's spouse:
37-21 (A) is employed by or participates in the
37-22 management of a business entity or other organization that is
37-23 regulated by or receives funds from the commission;
37-24 (B) directly or indirectly owns or controls more
37-25 than a 10 percent interest or a pecuniary interest with a value
38-1 exceeding $10,000 in:
38-2 (i) a business entity or other
38-3 organization that is regulated by or receives funds from the
38-4 commission or the office; or
38-5 (ii) a utility competitor, utility
38-6 supplier, or other entity affected by a commission decision in a
38-7 manner other than by the setting of rates for that class of
38-8 customer;
38-9 (C) uses or receives a substantial amount of
38-10 tangible goods, services, or funds from the commission or the
38-11 office, other than compensation or reimbursement authorized by law
38-12 for service as counsellor or for commission membership, attendance,
38-13 or expenses; or
38-14 (D) notwithstanding Paragraph (B), has an
38-15 interest in a mutual fund or retirement fund in which more than 10
38-16 percent of the fund's holdings is in a single utility, utility
38-17 competitor, or utility supplier in this state and the person does
38-18 not disclose this information to the governor, senate, or other
38-19 entity, as appropriate; or
38-20 (2) the person is not qualified to serve under Section
38-21 13.042.
38-22 (c) A person required to register as a lobbyist under
38-23 Chapter 305, Government Code, because of the person's activities
38-24 for compensation on behalf of a profession related to the operation
38-25 of the commission or the office may not serve as counsellor.
39-1 (d) A person otherwise ineligible because of Subsection
39-2 (b)(1)(B) may be appointed and serve as counsellor if the person:
39-3 (1) notifies the attorney general and commission that
39-4 the person is ineligible because of Subsection (b)(1)(B); and
39-5 (2) divests the person or the person's spouse of the
39-6 ownership or control:
39-7 (A) before beginning service; or
39-8 (B) if the person is already serving, within a
39-9 reasonable time. (V.A.C.S. Art. 1446c-0, Secs. 1.023(d) (part),
39-10 1.051(c), (d), (e), (g).)
39-11 Sec. 13.023. GROUNDS FOR REMOVAL. (a) It is a ground for
39-12 removal from office if the counsellor:
39-13 (1) does not have at the time of appointment or
39-14 maintain during service as counsellor the qualifications required
39-15 by Section 13.022;
39-16 (2) violates a prohibition provided by Section 13.022,
39-17 13.042, or 13.043; or
39-18 (3) cannot discharge the counsellor's duties for a
39-19 substantial part of the term for which the counsellor is appointed
39-20 because of illness or disability.
39-21 (b) The validity of an action of the office is not affected
39-22 by the fact that the action is taken when a ground for removal of
39-23 the counsellor exists. (V.A.C.S. Art. 1446c-0, Sec. 1.0511.)
39-24 Sec. 13.024. PROHIBITED ACTS. (a) The counsellor may not:
39-25 (1) have a direct or indirect interest in a utility
40-1 company regulated under this title; or
40-2 (2) provide legal services directly or indirectly to
40-3 or be employed in any capacity by a utility company regulated under
40-4 this title, its parent, or its subsidiary companies, corporations,
40-5 or cooperatives or a utility competitor, utility supplier, or other
40-6 entity affected in a manner other than by the setting of rates for
40-7 that class of customer.
40-8 (b) The prohibition under Subsection (a) applies during the
40-9 period of the counsellor's service and until the second anniversary
40-10 of the date the counsellor ceases to serve as counsellor.
40-11 (c) This section does not prohibit a person from otherwise
40-12 engaging in the private practice of law after the person ceases to
40-13 serve as counsellor. (V.A.C.S. Art. 1446c-0, Sec. 1.052.)
40-14 (Sections 13.025-13.040 reserved for expansion)
40-15 SUBCHAPTER C. OFFICE PERSONNEL
40-16 Sec. 13.041. PERSONNEL. (a) The counsellor may employ
40-17 lawyers, economists, engineers, consultants, statisticians,
40-18 accountants, clerical staff, and other employees as the counsellor
40-19 considers necessary to carry out this chapter.
40-20 (b) An employee receives compensation as prescribed by the
40-21 legislature from the assessment imposed by Subchapter A, Chapter
40-22 16. (V.A.C.S. Art. 1446c-0, Sec. 1.053(a).)
40-23 Sec. 13.042. RELATIONSHIP WITH TRADE ASSOCIATION. A person
40-24 may not serve as counsellor or be an employee of the office who is
40-25 exempt from the state's position classification plan or is
41-1 compensated at or above the amount prescribed by the General
41-2 Appropriations Act for step 1, salary group 17, of the position
41-3 classification salary schedule if the person is:
41-4 (1) an officer, employee, or paid consultant of a
41-5 trade association; or
41-6 (2) the spouse of an officer, manager, or paid
41-7 consultant of a trade association. (V.A.C.S. Art. 1446c-0, Sec.
41-8 1.051(f).)
41-9 Sec. 13.043. PROHIBITION ON EMPLOYMENT OR REPRESENTATION.
41-10 (a) The counsellor or an employee of the office may not:
41-11 (1) be employed by a public utility that was in the
41-12 scope of the counsellor's or employee's official responsibility
41-13 while the counsellor or employee was associated with the office; or
41-14 (2) represent a person before the commission or a
41-15 court in a matter:
41-16 (A) in which the counsellor or employee was
41-17 personally involved while associated with the office; or
41-18 (B) that was within the counsellor's or
41-19 employee's official responsibility while the counsellor or employee
41-20 was associated with the office.
41-21 (b) The prohibition of Subsection (a)(1) applies until the:
41-22 (1) second anniversary of the date the counsellor
41-23 ceases to serve as a counsellor; and
41-24 (2) first anniversary of the date the employee's
41-25 employment with the office ceases.
42-1 (c) The prohibition of Subsection (a)(2) applies while a
42-2 counsellor or employee of the office is associated with the office
42-3 and at any time after. (V.A.C.S. Art. 1446c-0, Sec. 1.0512.)
42-4 Sec. 13.044. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS;
42-5 MERIT PAY. (a) The counsellor or the counsellor's designee shall
42-6 develop an intra-agency career ladder program that addresses
42-7 opportunities for mobility and advancement for office employees.
42-8 The program shall require intra-agency postings of each position
42-9 concurrently with any public posting.
42-10 (b) The counsellor or the counsellor's designee shall
42-11 develop a system of annual performance evaluations that are based
42-12 on documented employee performance. Merit pay for office employees
42-13 must be based on the system established under this subsection.
42-14 (V.A.C.S. Art. 1446c-0, Sec. 1.053(b).)
42-15 Sec. 13.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
42-16 (a) The counsellor or the counsellor's designee shall prepare and
42-17 maintain a written policy statement to ensure implementation of a
42-18 program of equal employment opportunity under which all personnel
42-19 transactions are made without regard to race, color, disability,
42-20 sex, religion, age, or national origin.
42-21 (b) The policy statement under Subsection (a) must include:
42-22 (1) personnel policies, including policies related to
42-23 recruitment, evaluation, selection, appointment, training, and
42-24 promotion of personnel, that are in compliance with the
42-25 requirements of Chapter 21, Labor Code;
43-1 (2) a comprehensive analysis of the office workforce
43-2 that meets federal and state guidelines;
43-3 (3) procedures by which a determination can be made
43-4 about the extent of underuse in the office workforce of all persons
43-5 for whom federal or state guidelines encourage a more equitable
43-6 balance; and
43-7 (4) reasonable methods to appropriately address the
43-8 underuse.
43-9 (c) A policy statement prepared under Subsection (b) must:
43-10 (1) cover an annual period;
43-11 (2) be updated at least annually;
43-12 (3) be reviewed by the Commission on Human Rights for
43-13 compliance with Subsection (b)(1); and
43-14 (4) be filed with the governor's office.
43-15 (d) The governor's office shall deliver a biennial report to
43-16 the legislature based on the information received under Subsection
43-17 (c). The report may be made separately or as a part of other
43-18 biennial reports to the legislature. (V.A.C.S. Art. 1446c-0, Secs.
43-19 1.053(c), (d).)
43-20 Sec. 13.046. QUALIFICATIONS AND STANDARDS OF CONDUCT
43-21 INFORMATION. The office shall provide to office employees as often
43-22 as necessary information regarding their:
43-23 (1) qualifications for employment under this title;
43-24 and
43-25 (2) responsibilities under applicable laws relating to
44-1 standards of conduct for employees. (V.A.C.S. Art. 1446c-0, Sec.
44-2 1.053(e).)
44-3 (Sections 13.047-13.060 reserved for expansion)
44-4 SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND REPORTS
44-5 Sec. 13.061. PUBLIC INTEREST INFORMATION. The office shall
44-6 prepare information of public interest describing the functions of
44-7 the office. The office shall make the information available to the
44-8 public and appropriate state agencies. (V.A.C.S. Art. 1446c-0,
44-9 Sec. 1.0513(b).)
44-10 Sec. 13.062. PUBLIC PARTICIPATION. (a) The office shall
44-11 comply with federal and state laws related to program and facility
44-12 accessibility.
44-13 (b) The office shall prepare and maintain a written plan
44-14 that describes how a person who does not speak English may be
44-15 provided reasonable access to the office's programs and services.
44-16 (V.A.C.S. Art. 1446c-0, Sec. 1.0513(c).)
44-17 Sec. 13.063. ANNUAL REPORT. The office shall prepare
44-18 annually a complete and detailed written report accounting for all
44-19 funds received and disbursed by the office during the preceding
44-20 fiscal year. The annual report must meet the reporting
44-21 requirements applicable to financial reporting in the General
44-22 Appropriations Act. (V.A.C.S. Art. 1446c-0, Sec. 1.0513(a).)
45-1 CHAPTER 14. JURISDICTION AND POWERS OF COMMISSION AND
45-2 OTHER REGULATORY AUTHORITIES
45-3 SUBCHAPTER A. GENERAL POWERS OF COMMISSION
45-4 Sec. 14.001. POWER TO REGULATE AND SUPERVISE
45-5 Sec. 14.002. RULES
45-6 Sec. 14.003. COMMISSION POWERS RELATING TO REPORTS
45-7 Sec. 14.004. REPORT OF SUBSTANTIAL INTEREST
45-8 Sec. 14.005. CRITERIA AND GUIDELINES GOVERNING TERMINATION
45-9 OF SERVICES TO ELDERLY AND DISABLED
45-10 Sec. 14.006. INTERFERENCE WITH TERMS OR CONDITIONS OF
45-11 EMPLOYMENT; PRESUMPTION OF REASONABLENESS
45-12 Sec. 14.007. ASSISTANCE TO MUNICIPALITY
45-13 Sec. 14.008. MUNICIPAL FRANCHISES
45-14 (Sections 14.009-14.050 reserved for expansion)
45-15 SUBCHAPTER B. PRACTICE AND PROCEDURE
45-16 Sec. 14.051. PROCEDURAL POWERS
45-17 Sec. 14.052. RULES
45-18 Sec. 14.053. POWERS AND DUTIES OF STATE OFFICE OF
45-19 ADMINISTRATIVE HEARINGS
45-20 Sec. 14.054. SETTLEMENTS
45-21 Sec. 14.055. RECORD OF PROCEEDINGS
45-22 Sec. 14.056. RIGHT TO BE HEARD
45-23 Sec. 14.057. ORDERS OF COMMISSION; TRANSCRIPTS AND EXHIBITS;
45-24 PUBLIC RECORDS
45-25 (Sections 14.058-14.100 reserved for expansion)
46-1 SUBCHAPTER C. RESTRICTIONS ON CERTAIN TRANSACTIONS
46-2 Sec. 14.101. REPORT OF CERTAIN TRANSACTIONS; COMMISSION
46-3 CONSIDERATION
46-4 Sec. 14.102. REPORT OF PURCHASE OF VOTING STOCK IN PUBLIC
46-5 UTILITY
46-6 Sec. 14.103. REPORT OF LOAN TO STOCKHOLDERS
46-7 (Sections 14.104-14.150 reserved for expansion)
46-8 SUBCHAPTER D. RECORDS
46-9 Sec. 14.151. RECORDS OF PUBLIC UTILITY
46-10 Sec. 14.152. MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE
46-11 Sec. 14.153. COMMUNICATIONS WITH REGULATORY AUTHORITY
46-12 Sec. 14.154. JURISDICTION OVER AFFILIATE
46-13 (Sections 14.155-14.200 reserved for expansion)
46-14 SUBCHAPTER E. AUDITS AND INSPECTIONS
46-15 Sec. 14.201. INQUIRY INTO MANAGEMENT AND AFFAIRS
46-16 Sec. 14.202. MANAGEMENT AUDITS BY COMMISSION
46-17 Sec. 14.203. AUDIT OF ACCOUNTS
46-18 Sec. 14.204. INSPECTION
46-19 Sec. 14.205. EXAMINATIONS UNDER OATH
46-20 Sec. 14.206. ENTERING PREMISES OF PUBLIC UTILITY
46-21 Sec. 14.207. PRODUCTION OF OUT-OF-STATE RECORDS
46-22 CHAPTER 14. JURISDICTION AND POWERS OF COMMISSION AND
46-23 OTHER REGULATORY AUTHORITIES
46-24 SUBCHAPTER A. GENERAL POWERS OF COMMISSION
46-25 Sec. 14.001. POWER TO REGULATE AND SUPERVISE. The
47-1 commission has the general power to regulate and supervise the
47-2 business of each public utility within its jurisdiction and to do
47-3 anything specifically designated or implied by this title that is
47-4 necessary and convenient to the exercise of that power and
47-5 jurisdiction. (V.A.C.S. Art. 1446c-0, Sec. 1.101(a).)
47-6 Sec. 14.002. RULES. The commission shall adopt and enforce
47-7 rules reasonably required in the exercise of its powers and
47-8 jurisdiction. (V.A.C.S. Art. 1446c-0, Sec. 1.101(b) (part).)
47-9 Sec. 14.003. COMMISSION POWERS RELATING TO REPORTS. The
47-10 commission may:
47-11 (1) require a public utility to report to the
47-12 commission information relating to:
47-13 (A) the utility; and
47-14 (B) a transaction between the utility and an
47-15 affiliate inside or outside this state, to the extent that the
47-16 transaction is subject to the commission's jurisdiction;
47-17 (2) establish the form for a report;
47-18 (3) determine the time for a report and the frequency
47-19 with which the report is to be made;
47-20 (4) require that a report be made under oath;
47-21 (5) require the filing with the commission of a copy
47-22 of:
47-23 (A) a contract or arrangement between a public
47-24 utility and an affiliate;
47-25 (B) a report filed with a federal agency or a
48-1 governmental agency or body of another state; and
48-2 (C) an annual report that shows each payment of
48-3 compensation, other than salary or wages subject to federal income
48-4 tax withholding:
48-5 (i) to residents of this state;
48-6 (ii) with respect to legal,
48-7 administrative, or legislative matters in this state; or
48-8 (iii) for representation before the
48-9 legislature of this state or any governmental agency or body; and
48-10 (6) require that a contract or arrangement described
48-11 by Subdivision (5)(A) that is not in writing be reduced to writing
48-12 and filed with the commission. (V.A.C.S. Art. 1446c-0, Sec.
48-13 1.202(a).)
48-14 Sec. 14.004. REPORT OF SUBSTANTIAL INTEREST. The commission
48-15 may require disclosure of the identity and respective interests of
48-16 each owner of at least one percent of the voting securities of a
48-17 public utility or its affiliate. (V.A.C.S. Art. 1446c-0, Sec.
48-18 1.272.)
48-19 Sec. 14.005. CRITERIA AND GUIDELINES GOVERNING TERMINATION
48-20 OF SERVICES TO ELDERLY AND DISABLED. The commission may establish
48-21 criteria and guidelines with the utility industry relating to
48-22 industry procedures used in terminating services to the elderly and
48-23 disabled. (V.A.C.S. Art. 1446c-0, Sec. 1.405.)
48-24 Sec. 14.006. INTERFERENCE WITH TERMS OR CONDITIONS OF
48-25 EMPLOYMENT; PRESUMPTION OF REASONABLENESS. The commission may not
49-1 interfere with employee wages and benefits, working conditions, or
49-2 other terms or conditions of employment that are the product of a
49-3 collective bargaining agreement recognized under federal law. An
49-4 employee wage rate or benefit that is the product of the collective
49-5 bargaining is presumed to be reasonable. (V.A.C.S. Art. 1446c-0,
49-6 Sec. 1.206.)
49-7 Sec. 14.007. ASSISTANCE TO MUNICIPALITY. On request by the
49-8 governing body of a municipality, the commission may provide
49-9 commission employees as necessary to advise and consult with the
49-10 municipality on a pending matter. (V.A.C.S. Art. 1446c-0, Sec.
49-11 1.202(b).)
49-12 Sec. 14.008. MUNICIPAL FRANCHISES. (a) This title does not
49-13 restrict the rights and powers of a municipality to grant or refuse
49-14 a franchise to use the streets and alleys in the municipality or to
49-15 make a statutory charge for that use.
49-16 (b) A franchise agreement may not limit or interfere with a
49-17 power conferred on the commission by this title. (V.A.C.S.
49-18 Art. 1446c-0, Sec. 1.103.)
49-19 (Sections 14.009-14.050 reserved for expansion)
49-20 SUBCHAPTER B. PRACTICE AND PROCEDURE
49-21 Sec. 14.051. PROCEDURAL POWERS. The commission may:
49-22 (1) call and hold a hearing;
49-23 (2) administer an oath;
49-24 (3) receive evidence at a hearing;
49-25 (4) issue a subpoena to compel the attendance of a
50-1 witness or the production of a document; and
50-2 (5) make findings of fact and decisions to administer
50-3 this title or a rule, order, or other action of the commission.
50-4 (V.A.C.S. Art. 1446c-0, Sec. 1.101(d).)
50-5 Sec. 14.052. RULES. (a) The commission shall adopt and
50-6 enforce rules governing practice and procedure before the
50-7 commission and, as applicable, practice and procedure before the
50-8 utility division of the State Office of Administrative Hearings.
50-9 (b) The commission shall adopt rules that authorize an
50-10 administrative law judge to:
50-11 (1) limit the amount of time that a party may have to
50-12 present its case;
50-13 (2) limit the number of requests for information that
50-14 a party may make in a contested case;
50-15 (3) require a party to a contested case to identify
50-16 contested issues and facts before the hearing begins;
50-17 (4) limit cross-examination to only those issues and
50-18 facts identified before the hearing and to any new issues that may
50-19 arise as a result of the discovery process; and
50-20 (5) group parties, other than the office, that have
50-21 the same position on an issue to facilitate cross-examination on
50-22 that issue.
50-23 (c) A rule adopted under Subsection (b)(5) must permit each
50-24 party in a group to present that party's witnesses for
50-25 cross-examination during the hearing.
51-1 (d) A rule adopted under this section must ensure that each
51-2 party receives due process. (V.A.C.S. Art. 1446c-0, Secs. 1.101(b)
51-3 (part), (c).)
51-4 Sec. 14.053. POWERS AND DUTIES OF STATE OFFICE OF
51-5 ADMINISTRATIVE HEARINGS. (a) The utility division of the State
51-6 Office of Administrative Hearings shall conduct each hearing in a
51-7 contested case that is not conducted by one or more commissioners.
51-8 (b) The commission may delegate to the utility division of
51-9 the State Office of Administrative Hearings the authority to make a
51-10 final decision and to issue findings of fact, conclusions of law,
51-11 and other necessary orders in a proceeding in which there is not a
51-12 contested issue of fact or law.
51-13 (c) The commission by rule shall define the procedures by
51-14 which it delegates final decision-making authority under Subsection
51-15 (b).
51-16 (d) For review purposes an administrative law judge's final
51-17 decision under Subsection (b) has the same effect as a final
51-18 decision of the commission unless a commissioner requests formal
51-19 review of the decision. (V.A.C.S. Art. 1446c-0, Sec. 1.101(e).)
51-20 Sec. 14.054. SETTLEMENTS. (a) The commission by rule shall
51-21 adopt procedures governing the use of settlements to resolve
51-22 contested cases.
51-23 (b) Rules adopted under this section must ensure that:
51-24 (1) each party retains the right to:
51-25 (A) a full hearing before the commission on
52-1 issues that remain in dispute; and
52-2 (B) judicial review of issues that remain in
52-3 dispute;
52-4 (2) an issue of fact raised by a nonsettling party may
52-5 not be waived by a settlement or stipulation of the other parties;
52-6 and
52-7 (3) a nonsettling party may use an issue of fact
52-8 raised by that party as the basis for judicial review. (V.A.C.S.
52-9 Art. 1446c-0, Sec. 1.104.)
52-10 Sec. 14.055. RECORD OF PROCEEDINGS. The regulatory
52-11 authority shall keep a record of each proceeding before the
52-12 authority. (V.A.C.S. Art. 1446c-0, Sec. 1.402 (part).)
52-13 Sec. 14.056. RIGHT TO BE HEARD. Each party to a proceeding
52-14 before a regulatory authority is entitled to be heard by attorney
52-15 or in person. (V.A.C.S. Art. 1446c-0, Sec. 1.402 (part).)
52-16 Sec. 14.057. ORDERS OF COMMISSION; TRANSCRIPTS AND EXHIBITS;
52-17 PUBLIC RECORDS. (a) A commission order must be in writing and
52-18 contain detailed findings of the facts on which it is passed.
52-19 (b) The commission shall retain a copy of the transcript and
52-20 the exhibits in any matter in which the commission issues an order.
52-21 (c) Subject to Chapter 552, Government Code, each file
52-22 pertaining to a matter that was at any time pending before the
52-23 commission or to a record, report, or inspection required by
52-24 Section 14.003, 14.151, 14.152, 14.153, 14.201, or 14.203-14.207 or
52-25 by Subtitle B or C is public information. (V.A.C.S. Art. 1446c-0,
53-1 Sec. 1.034.)
53-2 (Sections 14.058-14.100 reserved for expansion)
53-3 SUBCHAPTER C. RESTRICTIONS ON CERTAIN TRANSACTIONS
53-4 Sec. 14.101. REPORT OF CERTAIN TRANSACTIONS; COMMISSION
53-5 CONSIDERATION. (a) Unless a public utility reports the
53-6 transaction to the commission within a reasonable time, the public
53-7 utility may not:
53-8 (1) sell, acquire, or lease a plant as an operating
53-9 unit or system in this state for a total consideration of more than
53-10 $100,000; or
53-11 (2) merge or consolidate with another public utility
53-12 operating in this state.
53-13 (b) A public utility shall report to the commission within a
53-14 reasonable time each transaction that involves the sale of at least
53-15 50 percent of the stock of the utility. On the filing of a report
53-16 with the commission, the commission shall investigate the
53-17 transaction, with or without a public hearing, to determine whether
53-18 the action is consistent with the public interest. In reaching its
53-19 determination, the commission shall consider:
53-20 (1) the reasonable value of the property, facilities,
53-21 or securities to be acquired, disposed of, merged, transferred, or
53-22 consolidated;
53-23 (2) whether the transaction will:
53-24 (A) adversely affect the health or safety of
53-25 customers or employees;
54-1 (B) result in the transfer of jobs of citizens
54-2 of this state to workers domiciled outside this state; or
54-3 (C) result in the decline of service;
54-4 (3) whether the public utility will receive
54-5 consideration equal to the reasonable value of the assets when it
54-6 sells, leases, or transfers assets; and
54-7 (4) whether the transaction is consistent with the
54-8 public interest.
54-9 (c) If the commission finds that a transaction is not in the
54-10 public interest, the commission shall take the effect of the
54-11 transaction into consideration in ratemaking proceedings and
54-12 disallow the effect of the transaction if the transaction will
54-13 unreasonably affect rates or service.
54-14 (d) This section does not apply to:
54-15 (1) the purchase of a unit of property for
54-16 replacement; or
54-17 (2) an addition to the facilities of a public utility
54-18 by construction. (V.A.C.S. Art. 1446c-0, Sec. 1.251.)
54-19 Sec. 14.102. REPORT OF PURCHASE OF VOTING STOCK IN PUBLIC
54-20 UTILITY. A public utility may not purchase voting stock in another
54-21 public utility doing business in this state unless the utility
54-22 reports the purchase to the commission. (V.A.C.S. Art. 1446c-0,
54-23 Sec. 1.252.)
54-24 Sec. 14.103. REPORT OF LOAN TO STOCKHOLDERS. A public
54-25 utility may not loan money, stocks, bonds, notes, or other evidence
55-1 of indebtedness to a person who directly or indirectly owns or
55-2 holds any stock of the public utility unless the public utility
55-3 reports the transaction to the commission within a reasonable time.
55-4 (V.A.C.S. Art. 1446c-0, Sec. 1.253.)
55-5 (Sections 14.104-14.150 reserved for expansion)
55-6 SUBCHAPTER D. RECORDS
55-7 Sec. 14.151. RECORDS OF PUBLIC UTILITY. (a) Each public
55-8 utility shall keep and provide to the regulatory authority, in the
55-9 manner and form prescribed by the commission, uniform accounts of
55-10 all business transacted by the utility.
55-11 (b) The commission may prescribe the form of books,
55-12 accounts, records, and memoranda to be kept by a public utility,
55-13 including:
55-14 (1) the books, accounts, records, and memoranda of:
55-15 (A) the provision of and capacity for service;
55-16 and
55-17 (B) the receipt and expenditure of money; and
55-18 (2) any other form, record, and memorandum that the
55-19 commission considers necessary to carry out this title.
55-20 (c) For a public utility subject to regulation by a federal
55-21 regulatory agency, compliance with the system of accounts
55-22 prescribed for the particular class of utilities by the federal
55-23 agency may be considered sufficient compliance with the system
55-24 prescribed by the commission. The commission may prescribe the
55-25 form of books, accounts, records, and memoranda covering
56-1 information in addition to that required by the federal agency.
56-2 The system of accounts and the form of books, accounts, records,
56-3 and memoranda prescribed by the commission for a public utility or
56-4 class of utilities may not be inconsistent with the systems and
56-5 forms established by a federal agency for that public utility or
56-6 class of utilities.
56-7 (d) Each public utility shall:
56-8 (1) keep and provide its books, accounts, records, and
56-9 memoranda accurately in the manner and form prescribed by the
56-10 commission; and
56-11 (2) comply with the directions of the regulatory
56-12 authority relating to the books, accounts, records, and memoranda.
56-13 (e) In this section, "public utility" includes a municipally
56-14 owned utility. (V.A.C.S. Art. 1446c-0, Secs. 1.201(a), (b), (c),
56-15 (d) (part), (e).)
56-16 Sec. 14.152. MAINTENANCE OF OFFICE AND RECORDS IN THIS
56-17 STATE. (a) Each public utility shall maintain an office in this
56-18 state in a county in which some part of the utility's property is
56-19 located. The utility shall keep in this office all books,
56-20 accounts, records, and memoranda required by the commission to be
56-21 kept in this state.
56-22 (b) A book, account, record, or memorandum required by the
56-23 regulatory authority to be kept in this state may not be removed
56-24 from this state, except as:
56-25 (1) provided by Section 52.255; and
57-1 (2) prescribed by the commission. (V.A.C.S.
57-2 Art. 1446c-0, Sec. 1.204.)
57-3 Sec. 14.153. COMMUNICATIONS WITH REGULATORY AUTHORITY.
57-4 (a) The regulatory authority shall adopt rules governing
57-5 communications with the regulatory authority or a member or
57-6 employee of the regulatory authority by:
57-7 (1) a public utility;
57-8 (2) an affiliate; or
57-9 (3) a representative of a public utility or affiliate.
57-10 (b) A record of a communication must contain:
57-11 (1) the name of the person contacting the regulatory
57-12 authority or member or employee of the regulatory authority;
57-13 (2) the name of the business entity represented;
57-14 (3) a brief description of the subject matter of the
57-15 communication; and
57-16 (4) the action, if any, requested by the public
57-17 utility, affiliate, or representative.
57-18 (c) Records compiled under Subsection (b) shall be available
57-19 to the public monthly. (V.A.C.S. Art. 1446c-0, Sec. 1.205.)
57-20 Sec. 14.154. JURISDICTION OVER AFFILIATE. (a) The
57-21 commission has jurisdiction over an affiliate that has a
57-22 transaction with a public utility under the commission's
57-23 jurisdiction to the extent of access to a record of the affiliate
57-24 relating to the transaction, including a record of joint or general
57-25 expenses, any portion of which may be applicable to the
58-1 transaction.
58-2 (b) A record obtained by the commission relating to sale of
58-3 electrical energy at wholesale by an affiliate to the public
58-4 utility is confidential and is not subject to disclosure under
58-5 Chapter 552, Government Code. (V.A.C.S. Art. 1446c-0, Sec. 1.271.)
58-6 (Sections 14.155-14.200 reserved for expansion)
58-7 SUBCHAPTER E. AUDITS AND INSPECTIONS
58-8 Sec. 14.201. INQUIRY INTO MANAGEMENT AND AFFAIRS. A
58-9 regulatory authority may inquire into the management and affairs of
58-10 each public utility and shall keep itself informed as to the manner
58-11 and method in which each public utility is managed and its affairs
58-12 are conducted. (V.A.C.S. Art. 1446c-0, Sec. 1.203(c).)
58-13 Sec. 14.202. MANAGEMENT AUDITS BY COMMISSION. (a) The
58-14 commission shall:
58-15 (1) inquire into the management of the business of
58-16 each public utility under its jurisdiction;
58-17 (2) keep itself informed as to the manner and method
58-18 in which the utility's business is managed; and
58-19 (3) obtain from the public utility any information
58-20 necessary to enable the commission to perform a management audit.
58-21 (b) The commission may audit a utility under its
58-22 jurisdiction as frequently as needed. Six months after an audit,
58-23 the utility shall report to the commission on the status of the
58-24 implementation of the recommendations of the audit and shall file
58-25 subsequent reports at times the commission considers appropriate.
59-1 (V.A.C.S. Art. 1446c-0, Sec. 1.102.)
59-2 Sec. 14.203. AUDIT OF ACCOUNTS. A regulatory authority may
59-3 require the examination and audit of the accounts of a public or
59-4 municipally owned utility. (V.A.C.S. Art. 1446c-0, Secs. 1.201(d)
59-5 (part), (e).)
59-6 Sec. 14.204. INSPECTION. (a) A regulatory authority and,
59-7 to the extent authorized by the regulatory authority, its counsel,
59-8 agent, or employee, may:
59-9 (1) inspect and obtain copies of the papers, books,
59-10 accounts, documents, and other business records of a public utility
59-11 within its jurisdiction; and
59-12 (2) inspect the plant, equipment, and other property
59-13 of a public utility within its jurisdiction.
59-14 (b) An action under this section must be conducted at a
59-15 reasonable time for a reasonable purpose. (V.A.C.S. Art. 1446c-0,
59-16 Sec. 1.203(a) (part).)
59-17 Sec. 14.205. EXAMINATIONS UNDER OATH. In connection with an
59-18 action taken under Section 14.204, the regulatory authority may:
59-19 (1) examine under oath an officer, agent, or employee
59-20 of a public utility; or
59-21 (2) authorize the person conducting the action to make
59-22 the examination under oath. (V.A.C.S. Art. 1446c-0, Sec. 1.203(a)
59-23 (part).)
59-24 Sec. 14.206. ENTERING PREMISES OF PUBLIC UTILITY. (a) A
59-25 member, agent, or employee of a regulatory authority may enter the
60-1 premises occupied by a public utility to conduct an inspection,
60-2 examination, or test or to exercise any other authority provided by
60-3 this title.
60-4 (b) A member, agent, or employee of the regulatory authority
60-5 may act under this section only during reasonable hours and after
60-6 reasonable notice to the public utility.
60-7 (c) A public utility is entitled to be represented when an
60-8 inspection, examination, or test is conducted on its premises. The
60-9 utility is entitled to a reasonable time to secure a representative
60-10 before the inspection, examination, or test begins. (V.A.C.S.
60-11 Art. 1446c-0, Secs. 1.203(b), 2.156(a) (part).)
60-12 Sec. 14.207. PRODUCTION OF OUT-OF-STATE RECORDS. (a) A
60-13 regulatory authority may require, by order or subpoena served on a
60-14 public utility, the production, at the time and place in this state
60-15 that the regulatory authority designates, of any books, accounts,
60-16 papers, or records kept by that public utility outside this state
60-17 or, if ordered by the commission, verified copies of the books,
60-18 accounts, papers, or records.
60-19 (b) A public utility that fails or refuses to comply with an
60-20 order or subpoena under this section violates this title.
60-21 (V.A.C.S. Art. 1446c-0, Sec. 1.203(a) (part).)
60-22 CHAPTER 15. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES
60-23 SUBCHAPTER A. JUDICIAL REVIEW
60-24 Sec. 15.001. RIGHT TO JUDICIAL REVIEW
60-25 Sec. 15.002. COMMISSION AS DEFENDANT
61-1 Sec. 15.003. COSTS AND ATTORNEY'S FEES
61-2 Sec. 15.004. JUDICIAL STAY OR SUSPENSION
61-3 (Sections 15.005-15.020 reserved for expansion)
61-4 SUBCHAPTER B. ENFORCEMENT AND PENALTIES
61-5 Sec. 15.021. ACTION TO ENJOIN OR REQUIRE COMPLIANCE
61-6 Sec. 15.022. CONTEMPT
61-7 Sec. 15.023. ADMINISTRATIVE PENALTY
61-8 Sec. 15.024. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE
61-9 Sec. 15.025. PAYMENT OF ADMINISTRATIVE PENALTY
61-10 Sec. 15.026. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY
61-11 Sec. 15.027. ADMINISTRATIVE PENALTY COLLECTION; GENERAL
61-12 PROVISIONS
61-13 Sec. 15.028. CIVIL PENALTY AGAINST PUBLIC UTILITY, PAY
61-14 TELEPHONE SERVICE PROVIDER, OR AFFILIATE
61-15 Sec. 15.029. CIVIL PENALTY FOR VIOLATING SECTION 12.055
61-16 OR 12.154
61-17 Sec. 15.030. OFFENSE
61-18 Sec. 15.031. PLACE FOR SUIT
61-19 Sec. 15.032. PENALTIES CUMULATIVE
61-20 Sec. 15.033. DISPOSITION OF FINES AND PENALTIES
61-21 (Sections 15.034-15.050 reserved for expansion)
61-22 SUBCHAPTER C. COMPLAINTS
61-23 Sec. 15.051. COMPLAINT BY AFFECTED PERSON
61-24 Sec. 15.052. COMPLAINT REGARDING RECREATIONAL VEHICLE
61-25 PARK OWNER
62-1 CHAPTER 15. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES
62-2 SUBCHAPTER A. JUDICIAL REVIEW
62-3 Sec. 15.001. RIGHT TO JUDICIAL REVIEW. Any party to a
62-4 proceeding before the commission is entitled to judicial review
62-5 under the substantial evidence rule. (V.A.C.S. Art. 1446c-0, Sec.
62-6 1.301 (part).)
62-7 Sec. 15.002. COMMISSION AS DEFENDANT. The commission must
62-8 be a defendant in a proceeding for judicial review. (V.A.C.S.
62-9 Art. 1446c-0, Sec. 1.301 (part).)
62-10 Sec. 15.003. COSTS AND ATTORNEY'S FEES. (a) A party
62-11 represented by counsel who alleges that existing rates are
62-12 excessive or that rates prescribed by the commission are excessive
62-13 and who prevails in a proceeding for review of a commission order
62-14 or decision is entitled in the same action to recover against the
62-15 regulation fund reasonable fees for attorneys and expert witnesses
62-16 and other costs for the party's efforts before the commission and
62-17 the court.
62-18 (b) The court shall set the amount of attorney's fees
62-19 awarded under Subsection (a).
62-20 (c) If a court finds that an action under Section 15.001 or
62-21 this section was groundless and brought in bad faith and for the
62-22 purpose of harassment, the court may award reasonable attorney's
62-23 fees to the defendant public utility. (V.A.C.S. Art. 1446c-0, Sec.
62-24 1.302.)
62-25 Sec. 15.004. JUDICIAL STAY OR SUSPENSION. While an appeal
63-1 of an order, ruling, or decision of a regulatory authority is
63-2 pending, the district court, court of appeals, or supreme court, as
63-3 appropriate, may stay or suspend all or part of the operation of
63-4 the order, ruling, or decision. In granting or refusing a stay or
63-5 suspension, the court shall act in accordance with the practice of
63-6 a court exercising equity jurisdiction. (V.A.C.S. Art. 1446c-0,
63-7 Sec. 1.403.)
63-8 (Sections 15.005-15.020 reserved for expansion)
63-9 SUBCHAPTER B. ENFORCEMENT AND PENALTIES
63-10 Sec. 15.021. ACTION TO ENJOIN OR REQUIRE COMPLIANCE.
63-11 (a) The attorney general, on the request of the commission, shall
63-12 apply in the name of the commission for a court order under
63-13 Subsection (b) if the commission determines that a public utility
63-14 or other person is:
63-15 (1) engaging in or about to engage in an act that
63-16 violates this title or an order or rule of the commission entered
63-17 or adopted under this title; or
63-18 (2) failing to comply with the requirements of this
63-19 title or a rule or order of the commission.
63-20 (b) A court, in an action under this section, may:
63-21 (1) prohibit the commencement or continuation of an
63-22 act that violates this title or an order or rule of the commission
63-23 entered or adopted under this title; or
63-24 (2) require compliance with a provision of this title
63-25 or an order or rule of the commission.
64-1 (c) The remedy under this section is in addition to any
64-2 other remedy provided under this title. (V.A.C.S. Art. 1446c-0,
64-3 Sec. 1.321.)
64-4 Sec. 15.022. CONTEMPT. The commission may file a court
64-5 action for contempt against a person who:
64-6 (1) fails to comply with a lawful order of the
64-7 commission;
64-8 (2) fails to comply with a subpoena or subpoena duces
64-9 tecum; or
64-10 (3) refuses to testify about a matter on which the
64-11 person may be lawfully interrogated. (V.A.C.S. Art. 1446c-0, Sec.
64-12 1.326.)
64-13 Sec. 15.023. ADMINISTRATIVE PENALTY. (a) The commission
64-14 may impose an administrative penalty against a person regulated
64-15 under this title who violates this title or a rule or order adopted
64-16 under this title.
64-17 (b) The penalty for a violation may be in an amount not to
64-18 exceed $5,000. Each day a violation continues or occurs is a
64-19 separate violation for purposes of imposing a penalty.
64-20 (c) The amount of an administrative penalty shall be based
64-21 on:
64-22 (1) the seriousness of the violation, including:
64-23 (A) the nature, circumstances, extent, and
64-24 gravity of a prohibited act; and
64-25 (B) the hazard or potential hazard created to
65-1 the health, safety, or economic welfare of the public;
65-2 (2) the economic harm to property or the environment
65-3 caused by the violation;
65-4 (3) the history of previous violations;
65-5 (4) the amount necessary to deter future violations;
65-6 (5) efforts to correct the violation; and
65-7 (6) any other matter that justice may require.
65-8 (V.A.C.S. Art. 1446c-0, Secs. 1.3215(a), (b), (c).)
65-9 Sec. 15.024. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.
65-10 (a) If the executive director determines that a violation has
65-11 occurred, the executive director may issue to the commission a
65-12 report that states the facts on which the determination is based
65-13 and the executive director's recommendation on the imposition of an
65-14 administrative penalty, including a recommendation on the amount of
65-15 the penalty.
65-16 (b) Not later than the 14th day after the date the report is
65-17 issued, the executive director shall give written notice of the
65-18 report to the person against whom the penalty may be assessed. The
65-19 notice may be given by certified mail. The notice must:
65-20 (1) include a brief summary of the alleged violation;
65-21 (2) state the amount of the recommended penalty; and
65-22 (3) inform the person that the person has a right to a
65-23 hearing on the occurrence of the violation, the amount of the
65-24 penalty, or both the occurrence of the violation and the amount of
65-25 the penalty.
66-1 (c) A penalty may not be assessed under this section if the
66-2 person against whom the penalty may be assessed remedies the
66-3 violation before the 31st day after the date the person receives
66-4 the notice under Subsection (b). A person who claims to have
66-5 remedied an alleged violation has the burden of proving to the
66-6 commission that the alleged violation was remedied and was
66-7 accidental or inadvertent.
66-8 (d) Not later than the 20th day after the date the person
66-9 receives the notice, the person may accept the determination and
66-10 recommended penalty of the executive director in writing or may
66-11 make a written request for a hearing on the occurrence of the
66-12 violation, the amount of the penalty, or both the occurrence of the
66-13 violation and the amount of the penalty.
66-14 (e) If the person accepts the executive director's
66-15 determination and recommended penalty, the commission by order
66-16 shall approve the determination and impose the recommended penalty.
66-17 (f) If the person requests a hearing or fails to timely
66-18 respond to the notice, the executive director shall set a hearing
66-19 and give notice of the hearing to the person. The hearing shall be
66-20 held by an administrative law judge of the State Office of
66-21 Administrative Hearings. The administrative law judge shall make
66-22 findings of fact and conclusions of law and promptly issue to the
66-23 commission a proposal for a decision about the occurrence of the
66-24 violation and the amount of a proposed penalty. Based on the
66-25 findings of fact, conclusions of law, and proposal for a decision,
67-1 the commission by order may find that a violation has occurred and
67-2 impose a penalty or may find that no violation occurred.
67-3 (g) The notice of the commission's order shall be given to
67-4 the person as provided by Chapter 2001, Government Code, and must
67-5 include a statement of the right of the person to judicial review
67-6 of the order. (V.A.C.S. Art. 1446c-0, Secs. 1.3215(d), (e), (f),
67-7 (g), (h), (i).)
67-8 Sec. 15.025. PAYMENT OF ADMINISTRATIVE PENALTY. (a) Not
67-9 later than the 30th day after the date the commission's order
67-10 imposing an administrative penalty is final as provided by Section
67-11 2001.144, Government Code, the person shall:
67-12 (1) pay the amount of the penalty;
67-13 (2) pay the amount of the penalty and file a petition
67-14 for judicial review contesting:
67-15 (A) the occurrence of the violation;
67-16 (B) the amount of the penalty; or
67-17 (C) both the occurrence of the violation and the
67-18 amount of the penalty; or
67-19 (3) without paying the amount of the penalty, file a
67-20 petition for judicial review contesting:
67-21 (A) the occurrence of the violation;
67-22 (B) the amount of the penalty; or
67-23 (C) both the occurrence of the violation and the
67-24 amount of the penalty.
67-25 (b) Not later than the 30th day after the date the
68-1 commission's order is final as provided by Section 2001.144,
68-2 Government Code, a person who acts under Subsection (a)(3) may:
68-3 (1) stay enforcement of the penalty by:
68-4 (A) paying the amount of the penalty to the
68-5 court for placement in an escrow account; or
68-6 (B) giving to the court a supersedeas bond that
68-7 is approved by the court for the amount of the penalty and that is
68-8 effective until all judicial review of the commission's order is
68-9 final; or
68-10 (2) request the court to stay enforcement of the
68-11 penalty by:
68-12 (A) filing with the court a sworn affidavit of
68-13 the person stating that the person is financially unable to pay the
68-14 amount of the penalty and is financially unable to give the
68-15 supersedeas bond; and
68-16 (B) giving a copy of the affidavit to the
68-17 executive director by certified mail.
68-18 (c) The executive director, on receipt of a copy of an
68-19 affidavit under Subsection (b)(2), may file with the court, not
68-20 later than the fifth day after the date the copy is received, a
68-21 contest to the affidavit. The court shall hold a hearing on the
68-22 facts alleged in the affidavit as soon as practicable and shall
68-23 stay the enforcement of the penalty on finding that the alleged
68-24 facts are true. The person who files an affidavit has the burden
68-25 of proving that the person is financially unable to pay the amount
69-1 of the penalty and to give a supersedeas bond.
69-2 (d) If the person does not pay the amount of the penalty and
69-3 the enforcement of the penalty is not stayed, the executive
69-4 director may refer the matter to the attorney general for
69-5 collection of the amount of the penalty. (V.A.C.S. Art. 1446c-0,
69-6 Secs. 1.3215(j), (k), (l), (m).)
69-7 Sec. 15.026. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.
69-8 (a) Judicial review of a commission order imposing an
69-9 administrative penalty is:
69-10 (1) instituted by filing a petition as provided by
69-11 Subchapter G, Chapter 2001, Government Code; and
69-12 (2) under the substantial evidence rule.
69-13 (b) If the court sustains the occurrence of the violation,
69-14 the court may uphold or reduce the amount of the penalty and order
69-15 the person to pay the full or reduced amount of the penalty. If
69-16 the court does not sustain the occurrence of the violation, the
69-17 court shall order that no penalty is owed.
69-18 (c) When the judgment of the court becomes final, the court
69-19 shall proceed under this subsection. If the person paid the amount
69-20 of the penalty and that amount is reduced or is not upheld by the
69-21 court, the court shall order that the appropriate amount plus
69-22 accrued interest be remitted to the person. The rate of the
69-23 interest is the rate charged on loans to depository institutions by
69-24 the New York Federal Reserve Bank, and the interest shall be paid
69-25 for the period beginning on the date the penalty was paid and
70-1 ending on the date the penalty is remitted. If the person gave a
70-2 supersedeas bond and the amount of the penalty is not upheld by the
70-3 court, the court shall order the release of the bond. If the
70-4 person gave a supersedeas bond and the amount of the penalty is
70-5 reduced, the court shall order the release of the bond after the
70-6 person pays the amount. (V.A.C.S. Art. 1446c-0, Secs. 1.3215(n),
70-7 (o), (p).)
70-8 Sec. 15.027. ADMINISTRATIVE PENALTY COLLECTION; GENERAL
70-9 PROVISIONS. (a) An administrative penalty collected under this
70-10 subchapter shall be sent to the comptroller.
70-11 (b) A proceeding relating to an administrative penalty under
70-12 this subchapter is subject to Chapter 2001, Government Code.
70-13 (c) The executive director may delegate any power or duty
70-14 relating to an administrative penalty given the executive director
70-15 by this subchapter to a person designated by the executive
70-16 director. (V.A.C.S. Art. 1446c-0, Secs. 1.3215(q), (r), (s).)
70-17 Sec. 15.028. CIVIL PENALTY AGAINST PUBLIC UTILITY, PAY
70-18 TELEPHONE SERVICE PROVIDER, OR AFFILIATE. (a) A public utility,
70-19 customer-owned pay telephone service provider under Section 55.178,
70-20 or affiliate is subject to a civil penalty if the utility,
70-21 provider, or affiliate knowingly violates this title, fails to
70-22 perform a duty imposed on it, or fails or refuses to obey an order,
70-23 rule, direction, or requirement of the commission or a decree or
70-24 judgment of a court.
70-25 (b) A civil penalty under this section shall be in an amount
71-1 of not less than $1,000 and not more than $5,000 for each
71-2 violation.
71-3 (c) A public utility or affiliate commits a separate
71-4 violation each day it continues to violate Subsection (a).
71-5 (d) The attorney general shall file in the name of the
71-6 commission a suit on the attorney general's own initiative or at
71-7 the request of the commission to recover the civil penalty under
71-8 this section. (V.A.C.S. Art. 1446c-0, Sec. 1.322.)
71-9 Sec. 15.029. CIVIL PENALTY FOR VIOLATING SECTION 12.055 OR
71-10 12.154. (a) A member of the commission or an officer or director
71-11 of a public utility or affiliate who knowingly violates Section
71-12 12.055 or 12.154 is subject to a civil penalty of $1,000 for each
71-13 violation.
71-14 (b) A person other than a person subject to Subsection (a)
71-15 who knowingly violates Section 12.154 is subject to a civil penalty
71-16 of $500 for each violation.
71-17 (c) A member, officer, or employee of the commission who in
71-18 any action is found by a preponderance of the evidence to have
71-19 violated a provision of Section 12.055 or 12.154 shall be removed
71-20 from the person's office or employment.
71-21 (d) A civil penalty under this section is recoverable in a
71-22 suit filed in the name of the commission by the attorney general on
71-23 the attorney general's own initiative or at the request of the
71-24 commission. (V.A.C.S. Art. 1446c-0, Sec. 1.323.)
71-25 Sec. 15.030. OFFENSE. (a) A person commits an offense if
72-1 the person wilfully and knowingly violates this title.
72-2 (b) This section does not apply to an offense described by
72-3 Section 55.138.
72-4 (c) An offense under this section is a felony of the third
72-5 degree. (V.A.C.S. Art. 1446c-0, Sec. 1.325(a).)
72-6 Sec. 15.031. PLACE FOR SUIT. A suit for an injunction or a
72-7 penalty under this title may be brought in:
72-8 (1) Travis County;
72-9 (2) a county in which the violation is alleged to have
72-10 occurred; or
72-11 (3) a county in which a defendant resides. (V.A.C.S.
72-12 Art. 1446c-0, Sec. 1.328.)
72-13 Sec. 15.032. PENALTIES CUMULATIVE. (a) A penalty that
72-14 accrues under this title is cumulative of any other penalty.
72-15 (b) A suit for the recovery of a penalty does not bar or
72-16 affect the recovery of any other penalty or bar a criminal
72-17 prosecution against any person. (V.A.C.S. Art. 1446c-0, Sec.
72-18 1.325(b).)
72-19 Sec. 15.033. DISPOSITION OF FINES AND PENALTIES. A fine or
72-20 penalty collected under this title, other than a fine or penalty
72-21 collected in a criminal proceeding or a penalty collected under
72-22 Section 15.027(a), shall be paid to the commission. (V.A.C.S.
72-23 Art. 1446c-0, Sec. 1.327.)
72-24 (Sections 15.034-15.050 reserved for expansion)
73-1 SUBCHAPTER C. COMPLAINTS
73-2 Sec. 15.051. COMPLAINT BY AFFECTED PERSON. (a) An affected
73-3 person may complain to the regulatory authority in writing setting
73-4 forth an act or omission by a public utility in violation or
73-5 claimed violation of a law that the regulatory authority has
73-6 jurisdiction to administer or of an order, ordinance, or rule of
73-7 the regulatory authority.
73-8 (b) The commission shall keep for a reasonable period
73-9 information about each complaint filed with the commission. The
73-10 information shall include:
73-11 (1) the date the complaint is received;
73-12 (2) the name of the complainant;
73-13 (3) the subject matter of the complaint;
73-14 (4) a record of each person contacted in relation to
73-15 the complaint;
73-16 (5) a summary of the results of the review or
73-17 investigation of the complaint; and
73-18 (6) if the commission took no action on the complaint,
73-19 an explanation of the reason the complaint was closed without
73-20 action.
73-21 (c) The commission shall keep a file about each written
73-22 complaint filed with the commission that the commission has
73-23 authority to resolve. The commission shall provide to the person
73-24 filing the complaint and to each person or entity complained about
73-25 information concerning the commission's policies and procedures on
74-1 complaint investigation and resolution. The commission, at least
74-2 quarterly and until final disposition of the complaint, shall
74-3 notify the person filing the complaint and each person or entity
74-4 complained about of the status of the complaint unless the notice
74-5 would jeopardize an undercover investigation. (V.A.C.S.
74-6 Art. 1446c-0, Secs. 1.401(a), (b).)
74-7 Sec. 15.052. COMPLAINT REGARDING RECREATIONAL VEHICLE PARK
74-8 OWNER. (a) An affected person may complain to the regulatory
74-9 authority in writing setting forth an act or omission by a
74-10 recreational vehicle park owner who provides metered electric
74-11 service under Subchapter C, Chapter 184, in violation or claimed
74-12 violation of a law that the regulatory authority has jurisdiction
74-13 to administer or of an order, ordinance, or rule of the regulatory
74-14 authority.
74-15 (b) The commission shall keep for a reasonable period an
74-16 information file about each complaint filed with the commission
74-17 relating to a recreational vehicle park owner.
74-18 (c) The commission, at least quarterly and until final
74-19 disposition of the written complaint, shall notify the parties to
74-20 the complaint of the status of the complaint unless the notice
74-21 would jeopardize an undercover investigation. (V.A.C.S.
74-22 Art. 1446c-0, Sec. 1.401(c).)
74-23 CHAPTER 16. COMMISSION FINANCING
74-24 SUBCHAPTER A. ASSESSMENT ON PUBLIC UTILITIES
74-25 Sec. 16.001. ASSESSMENT ON PUBLIC UTILITIES
75-1 Sec. 16.002. PAYMENT DATES
75-2 Sec. 16.003. LATE PAYMENT PENALTY
75-3 Sec. 16.0031. CERTAIN PAYMENTS BASED ON ESTIMATED GROSS
75-4 RECEIPTS
75-5 Sec. 16.004. COLLECTION BY COMPTROLLER
75-6 (Sections 16.005-16.020 reserved for expansion)
75-7 SUBCHAPTER B. GRANTS AND OTHER FINANCIAL ASSISTANCE
75-8 Sec. 16.021. GRANTS OF FEDERAL FUNDS
75-9 (Sections 16.022-16.040 reserved for expansion)
75-10 SUBCHAPTER C. MONEY DISPOSITION, ACCOUNTING, AND BUDGET
75-11 Sec. 16.041. APPLICATION OF STATE FUNDS REFORM ACT
75-12 Sec. 16.042. ACCOUNTING RECORDS
75-13 Sec. 16.043. AUDIT
75-14 Sec. 16.044. APPROVAL OF BUDGET
75-15 CHAPTER 16. COMMISSION FINANCING
75-16 SUBCHAPTER A. ASSESSMENT ON PUBLIC UTILITIES
75-17 Sec. 16.001. ASSESSMENT ON PUBLIC UTILITIES. (a) To defray
75-18 the expenses incurred in the administration of this title, an
75-19 assessment is imposed on each public utility within the
75-20 jurisdiction of the commission that serves the ultimate consumer,
75-21 including each interexchange telecommunications carrier.
75-22 (b) An assessment under this section is equal to one-sixth
75-23 of one percent of the public utility's gross receipts from rates
75-24 charged to the ultimate consumer in this state.
75-25 (c) An interexchange telecommunications carrier that does
76-1 not provide local exchange telephone service may collect the fee
76-2 imposed under this section as an additional item separately stated
76-3 on the customer bill as "utility gross receipts assessment."
76-4 (V.A.C.S. Art. 1446c-0, Secs. 1.351(a), (c).)
76-5 Sec. 16.002. PAYMENT DATES. (a) The assessment is due
76-6 August 15.
76-7 (b) A public utility may instead make quarterly payments due
76-8 August 15, November 15, February 15, and May 15. (V.A.C.S.
76-9 Art. 1446c-0, Sec. 1.352(a).)
76-10 Sec. 16.003. LATE PAYMENT PENALTY. (a) An additional fee
76-11 equal to 10 percent of the amount due shall be assessed for any
76-12 late payment of an assessment required under this subchapter.
76-13 (b) An assessment delinquent for more than 30 days accrues
76-14 interest at an annual rate of 12 percent on the amount of the
76-15 assessment and penalty due. (V.A.C.S. Art. 1446c-0, Sec.
76-16 1.352(b).)
76-17 Sec. 16.0031. CERTAIN PAYMENTS BASED ON ESTIMATED GROSS
76-18 RECEIPTS. (a) Notwithstanding Section 16.002, the assessments are
76-19 due as provided by this section and are computed on a public
76-20 utility's estimate of its gross receipts.
76-21 (b) For the assessment otherwise due August 15, 1995, 50
76-22 percent of the assessment shall be paid by August 15, 1994, and 50
76-23 percent shall be paid by February 15, 1995.
76-24 (c) For the assessment otherwise due August 15, 1996, 50
76-25 percent of the assessment shall be paid by August 15, 1995, and 50
77-1 percent shall be paid by February 15, 1996.
77-2 (d) For the assessment otherwise due August 15, 1997, 50
77-3 percent of the assessment shall be paid by August 15, 1996, and 50
77-4 percent shall be paid by February 15, 1997.
77-5 (e) For the assessment otherwise due August 15, 1998, 50
77-6 percent of the assessment shall be paid by August 15, 1997, and 50
77-7 percent shall be paid by August 15, 1998.
77-8 (f) An amount that is underpaid for an assessment due August
77-9 15, 1995, August 15, 1996, or August 15, 1997, shall be paid by
77-10 those respective dates. An assessment amount that is overpaid
77-11 shall be credited against a subsequent assessment.
77-12 (g) This section expires September 1, 1998. (V.A.C.S.
77-13 Art. 1446c-0, Sec. 1.353.)
77-14 Sec. 16.004. COLLECTION BY COMPTROLLER. The comptroller
77-15 shall collect the assessment and any penalty or interest due under
77-16 this subchapter. (V.A.C.S. Art. 1446c-0, Sec. 1.354(a).)
77-17