By: Cain S.B. No. 1768
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the abolition of the Public Utility Commission of Texas
1-2 and to the transfer of its powers and duties to the Railroad
1-3 Commission of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 1.003(4) and (5), Public Utility
1-6 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
1-7 Statutes), are amended to read as follows:
1-8 (4) "Commission" means the Railroad [Public Utility]
1-9 Commission of Texas, with respect to the regulatory jurisdiction,
1-10 powers, and duties set forth in Title II of this Act, and to those
1-11 sections of Title I of this Act necessary to carry out those powers
1-12 and duties.
1-13 (5) "Commissioner" means a member of the Railroad
1-14 [Public Utility] Commission of Texas, with respect to the
1-15 regulatory jurisdiction, powers, and duties set forth in Title II
1-16 of this Act, and to those sections of Title I of this Act necessary
1-17 to carry out those powers and duties.
1-18 SECTION 2. Sections 1.003(4) and (5), Public Utility
1-19 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
1-20 Statutes), are amended to read as follows:
1-21 (4) "Commission" means the Railroad [Public Utility]
2-1 Commission of Texas.
2-2 (5) "Commissioner" means a member of the Railroad
2-3 [Public Utility] Commission of Texas.
2-4 SECTION 3. Section 1.022, Public Utility Regulatory Act of
2-5 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
2-6 to read as follows:
2-7 Sec. 1.022. Sunset Provision. The [Public Utility
2-8 Commission of Texas and the] Office of Public Utility Counsel is
2-9 [are] subject to Chapter 325, Government Code (Texas Sunset Act).
2-10 Unless continued in existence as provided by that chapter, the
2-11 [commission and the] office is [are] abolished and this Act expires
2-12 September 1, 2001.
2-13 SECTION 4. Sections 1.3215(d), (e), (f), (g), (h), (k), (l),
2-14 (m), and (s), Public Utility Regulatory Act of 1995 (Article
2-15 1446c-0, Vernon's Texas Civil Statutes), are amended to read as
2-16 follows:
2-17 (d) If the commission [executive director] determines that a
2-18 violation has occurred, the [executive director may issue to the]
2-19 commission may issue a report that states the facts on which the
2-20 determination is based and the commission's [director's]
2-21 recommendation on the imposition of a penalty, including a
2-22 recommendation on the amount of the penalty.
2-23 (e) Within 14 days after the date the report is issued, the
2-24 commission [executive director] shall give written notice of the
2-25 report to the person. The notice may be given by certified mail.
3-1 The notice must include a brief summary of the alleged violation
3-2 and a statement of the amount of the recommended penalty and must
3-3 inform the person that the person has a right to a hearing on the
3-4 occurrence of the violation, the amount of the penalty, or both the
3-5 occurrence of the violation and the amount of the penalty. Before
3-6 any penalty may be assessed under this section, the person against
3-7 whom the penalty may be assessed shall be given 30 days after
3-8 receiving from the commission [executive director] the notice of
3-9 the report summarizing the alleged violation pursuant to this
3-10 subsection in which to cure the violation and the person must fail
3-11 to cure the alleged violation within the 30-day period. The person
3-12 against whom the penalty may be assessed who claims to have cured
3-13 the alleged violation shall have the burden of proving to the
3-14 commission that the alleged violation was cured and was accidental
3-15 or inadvertent.
3-16 (f) Within 20 days after the date the person receives the
3-17 notice, the person in writing may accept the determination and
3-18 recommended penalty of the commission [executive director] or may
3-19 make a written request for a hearing on the occurrence of the
3-20 violation, the amount of the penalty, or both the occurrence of the
3-21 violation and the amount of the penalty.
3-22 (g) If the person accepts the determination and recommended
3-23 penalty of the commission [executive director], the commission by
3-24 order shall approve the determination and impose the recommended
3-25 penalty.
4-1 (h) If the person requests a hearing or fails to respond
4-2 timely to the notice, the commission [executive director] shall set
4-3 a hearing and give notice of the hearing to the person. The
4-4 hearing shall be held by an administrative law judge of the State
4-5 Office of Administrative Hearings. The administrative law judge
4-6 shall make findings of fact and conclusions of law and promptly
4-7 issue to the commission a proposal for a decision about the
4-8 occurrence of the violation and the amount of a proposed penalty.
4-9 Based on the findings of fact, conclusions of law, and proposal for
4-10 a decision, the commission by order may find that a violation has
4-11 occurred and impose a penalty or may find that no violation
4-12 occurred.
4-13 (k) Within the 30-day period, a person who acts under
4-14 Subsection (j)(3) of this section may:
4-15 (1) stay enforcement of the penalty by:
4-16 (A) paying the amount of the penalty to the
4-17 court for placement in an escrow account; or
4-18 (B) giving to the court a supersedeas bond that
4-19 is approved by the court for the amount of the penalty and that is
4-20 effective until all judicial review of the commission's order is
4-21 final; or
4-22 (2) request the court to stay enforcement of the
4-23 penalty by:
4-24 (A) filing with the court a sworn affidavit of
4-25 the person stating that the person is financially unable to pay the
5-1 amount of the penalty and is financially unable to give the
5-2 supersedeas bond; and
5-3 (B) giving a copy of the affidavit to the
5-4 commission [executive director] by certified mail.
5-5 (l) The commission [executive director], on receipt of a
5-6 copy of an affidavit under Subsection (k)(2) of this section, may
5-7 file with the court, within five days after the date the copy is
5-8 received, a contest to the affidavit. The court shall hold a
5-9 hearing on the facts alleged in the affidavit as soon as
5-10 practicable and shall stay the enforcement of the penalty on
5-11 finding that the alleged facts are true. The person who files an
5-12 affidavit has the burden of proving that the person is financially
5-13 unable to pay the amount of the penalty and to give a supersedeas
5-14 bond.
5-15 (m) If the person does not pay the amount of the penalty and
5-16 the enforcement of the penalty is not stayed, the commission
5-17 [executive director] may refer the matter to the attorney general
5-18 for collection of the amount of the penalty.
5-19 (s) The commission [executive director] may delegate to a
5-20 commission employee [person] that the commission [executive
5-21 director] designates any power or duty given the commission
5-22 [executive director] by this section.
5-23 SECTION 5. Section 1.405, Public Utility Regulatory Act of
5-24 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
5-25 to read as follows:
6-1 Sec. 1.405. The Railroad [Public Utility] Commission is
6-2 authorized to establish criteria and guidelines with the utility
6-3 industry relating to procedures employed by the industry in
6-4 terminating services to the elderly and disabled.
6-5 SECTION 6. Section 104.003(a), Agriculture Code, is amended
6-6 to read as follows:
6-7 (a) This chapter does not apply to:
6-8 (1) an order or rule issued by the Railroad [Public
6-9 Utility] Commission of Texas; or
6-10 (2) an order or rule concerning the operation of
6-11 common carriers issued by the Interstate Commerce Commission.
6-12 SECTION 7. Section 1(14), Article 18.21, Code of Criminal
6-13 Procedure, is amended to read as follows:
6-14 (14) "Trap and trace device" means a mechanical or
6-15 electronic device that attaches to a telephone line and is capable
6-16 of recording an incoming electronic or other impulse that
6-17 identifies the originating number of an instrument or device from
6-18 which a wire or electronic communication was transmitted. The term
6-19 does not include a device or telecommunications network used in
6-20 providing: (1) a caller identification service authorized by the
6-21 Railroad [Public Utility] Commission of Texas under Section 3.032,
6-22 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
6-23 Texas Civil Statutes) [87C, Public Utility Regulatory Act (Article
6-24 1446c, Vernon's Texas Civil Statutes)]; (2) the services referenced
6-25 in Subsection (g), Section 3.302, Public Utility Regulatory Act of
7-1 1995 (Article 1446c-0, Vernon's Texas Civil Statutes) [87C, Public
7-2 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
7-3 Statutes)]; or (3) a caller identification service provided by a
7-4 commercial mobile radio service provider licensed by the Federal
7-5 Communications Commission.
7-6 SECTION 8. Section 232.002, Family Code, is amended to read
7-7 as follows:
7-8 Sec. 232.002. Licensing Authorities Subject to Chapter. The
7-9 following state agencies are licensing authorities subject to this
7-10 subchapter:
7-11 (1) Department of Agriculture;
7-12 (2) Texas Commission on Alcohol and Drug Abuse;
7-13 (3) Texas Alcoholic Beverage Commission;
7-14 (4) Texas Appraiser Licensing and Certification Board;
7-15 (5) Texas Board of Architectural Examiners;
7-16 (6) State Board of Barber Examiners;
7-17 (7) Texas Board of Chiropractic Examiners;
7-18 (8) Comptroller of Public Accounts;
7-19 (9) Texas Cosmetology Commission;
7-20 (10) Court Reporters Certification Board;
7-21 (11) State Board of Dental Examiners, if the 74th
7-22 Legislature, at its regular session, enacts legislation that
7-23 becomes law authorizing a state agency to regulate the practice of
7-24 dentistry;
7-25 (12) Texas State Board of Examiners of Dietitians;
8-1 (13) Texas Funeral Service Commission;
8-2 (14) Texas Department of Health;
8-3 (15) Texas Board of Professional Land Surveying;
8-4 (16) Texas Department of Licensing and Regulation;
8-5 (17) Texas State Board of Examiners of Marriage and
8-6 Family Therapists;
8-7 (18) Texas State Board of Medical Examiners;
8-8 (19) Midwifery Board;
8-9 (20) Texas Natural Resource Conservation Commission;
8-10 (21) Board of Nurse Examiners;
8-11 (22) Texas Board of Nursing Facility Administrators;
8-12 (23) Texas Board of Occupational Therapy Examiners;
8-13 (24) Texas Optometry Board;
8-14 (25) Parks and Wildlife Department;
8-15 (26) Texas State Board of Examiners of Perfusionists;
8-16 (27) Texas State Board of Pharmacy;
8-17 (28) Texas Board of Physical Therapy Examiners;
8-18 (29) Texas State Board of Plumbing Examiners;
8-19 (30) Texas State Board of Podiatry Examiners;
8-20 (31) Polygraph Examiners Board;
8-21 (32) Texas Board of Private Investigators and Private
8-22 Security Agencies;
8-23 (33) Texas State Board of Examiners of Professional
8-24 Counselors;
8-25 (34) State Board of Registration for Professional
9-1 Engineers;
9-2 (35) Department of Protective and Regulatory Services;
9-3 (36) Texas State Board of Examiners of Psychologists;
9-4 (37) Texas State Board of Public Accountancy;
9-5 (38) Department of Public Safety of the State of
9-6 Texas;
9-7 (39) [Public Utility Commission of Texas;]
9-8 [(40)] Railroad Commission of Texas;
9-9 (40) [(41)] Texas Real Estate Commission;
9-10 (41) [(42)] State Bar of Texas;
9-11 (42) [(43)] Texas State Board of Social Worker
9-12 Examiners;
9-13 (43) [(44)] State Board of Examiners for
9-14 Speech-Language Pathology and Audiology;
9-15 (44) [(45)] Texas Structural Pest Control Board;
9-16 (45) [(46)] Board of Tax Professional Examiners;
9-17 (46) [(47)] Secretary of State;
9-18 (47) [(48)] Supreme Court of Texas;
9-19 (48) [(49)] Texas Transportation Commission;
9-20 (49) [(50)] State Board of Veterinary Medical
9-21 Examiners;
9-22 (50) [(51)] Board of Vocational Nurse Examiners;
9-23 (51) [(52)] Texas Ethics Commission;
9-24 (52) [(53)] Advisory Board of Athletic Trainers;
9-25 (53) [(54)] State Committee of Examiners in the
10-1 Fitting and Dispensing of Hearing Instruments;
10-2 (54) [(55)] Texas Board of Licensure for Professional
10-3 Medical Physicists; and
10-4 (55) [(56)] Texas Department of Insurance.
10-5 SECTION 9. Section 572.003(c), Government Code, is amended
10-6 to read as follows:
10-7 (c) The term means a member of:
10-8 (1) the [Public Utility Commission of Texas;]
10-9 [(2) the] Texas Department of Commerce;
10-10 (2) [(3)] the Texas Natural Resource Conservation
10-11 Commission;
10-12 (3) [(4)] the Texas Alcoholic Beverage Commission;
10-13 (4) [(5)] The Finance Commission of Texas;
10-14 (5) [(6)] the General Services Commission;
10-15 (6) [(7)] the Texas Board of Criminal Justice;
10-16 (7) [(8)] the board of trustees of the Employees
10-17 Retirement System of Texas;
10-18 (8) [(9)] the Texas Transportation Commission;
10-19 (9) [(10)] the Texas Workers' Compensation Commission;
10-20 (10) [(11)] the State Board of Insurance;
10-21 (11) [(12)] the Parks and Wildlife Commission;
10-22 (12) [(13)] the Public Safety Commission;
10-23 (13) [(14)] the Texas Ethics Commission;
10-24 (14) [(15)] the State Securities Board;
10-25 (15) [(16)] the Texas Water Development Board;
11-1 (16) [(17)] the governing board of a public senior
11-2 college or university as defined by Section 61.003, Education Code,
11-3 or of The University of Texas Southwestern Medical Center at
11-4 Dallas, The University of Texas Medical Branch at Galveston, The
11-5 University of Texas Health Science Center at Houston, The
11-6 University of Texas Health Science Center at San Antonio, The
11-7 University of Texas System Cancer Center, The University of Texas
11-8 Health Science Center at Tyler, University of North Texas Health
11-9 Science Center at Fort Worth, Texas Tech University Health Sciences
11-10 Center, Texas State Technical College--Amarillo, Texas State
11-11 Technical College--Harlingen, Texas State Technical
11-12 College--Sweetwater, or Texas State Technical College--Waco;
11-13 (17) [(18)] the Texas Higher Education Coordinating
11-14 Board;
11-15 (18) [(19)] the Texas Employment Commission;
11-16 (19) [(20)] the State Banking Board;
11-17 (20) [(21)] the board of trustees of the Teacher
11-18 Retirement System of Texas;
11-19 (21) [(22)] the Credit Union Commission;
11-20 (22) [(23)] the School Land Board;
11-21 (23) [(24)] the board of the Texas Department of
11-22 Housing and Community Affairs;
11-23 (24) [(25)] the Texas Racing Commission;
11-24 (25) [(26)] the State Board of Dental Examiners;
11-25 (26) [(27)] the Texas Board of Licensure for Nursing
12-1 Home Administrators;
12-2 (27) [(28)] the Texas State Board of Medical
12-3 Examiners;
12-4 (28) [(29)] the Board of Pardons and Paroles;
12-5 (29) [(30)] the State Board of Pharmacy;
12-6 (30) [(31)] the Department of Information Resources
12-7 governing board;
12-8 (31) [(32)] the Motor Vehicle Board;
12-9 (32) [(33)] the Texas Real Estate Commission;
12-10 (33) [(34)] the board of directors of the State Bar of
12-11 Texas;
12-12 (34) [(35)] the bond review board;
12-13 (35) [(36)] the Texas Board of Health;
12-14 (36) [(37)] the Texas Board of Mental Health and
12-15 Mental Retardation;
12-16 (37) [(38)] the Texas Board on Aging;
12-17 (38) [(39)] the Texas Board of Human Services;
12-18 (30) [(40)] the Texas Funeral Service Commission;
12-19 (40) [(41)] the board of directors of a river
12-20 authority created under the Texas Constitution or a statute of this
12-21 state; or
12-22 (41) [(42)] the Texas Lottery Commission.
12-23 SECTION 10. Section 2302.001(2), Government Code, is amended
12-24 to read as follows:
12-25 (2) "Commission" means the Railroad [Public Utility]
13-1 Commission of Texas.
13-2 SECTION 11. Section 2302.002, Government Code, is amended to
13-3 read as follows:
13-4 Sec. 2302.002. Composition of Council. The council is
13-5 composed of:
13-6 (1) one representative with knowledge of cogeneration
13-7 from each of the following agencies, appointed by and serving at
13-8 the pleasure of the agency's presiding officer:
13-9 (A) the commission;
13-10 (B) [the Railroad Commission of Texas;]
13-11 [(C)] the General Services Commission; and
13-12 (C) [(D)] the Texas Natural Resource
13-13 Conservation Commission;
13-14 (2) one representative of the office of the attorney
13-15 general, appointed by the attorney general; and
13-16 (3) one representative of higher education, appointed
13-17 by the governor.
13-18 SECTION 12. Sections 771.001(5) and (11), Health and Safety
13-19 Code, are amended to read as follows:
13-20 (5) "Local exchange service provider" means a
13-21 telecommunications carrier providing telecommunications service in
13-22 a local exchange service area under a certificate of public
13-23 convenience and necessity issued by the Railroad [Public Utility]
13-24 Commission of Texas.
13-25 (11) "Business service" means a telecommunications
14-1 service classified as a business service under rules adopted by the
14-2 Railroad [Public Utility] Commission of Texas or under the
14-3 applicable tariffs of the principal service supplier.
14-4 SECTION 13. Section 28.03(d), Penal Code, is amended to read
14-5 as follows:
14-6 (d) The term "public communication, public transportation,
14-7 public water, gas, or power supply, or other public service" shall
14-8 mean, refer to, and include any such services subject to regulation
14-9 by [the Public Utility Commission of Texas,] the Railroad
14-10 Commission of Texas[,] or the Texas Natural Resource Conservation
14-11 Commission or any such services enfranchised by the State of Texas
14-12 or any political subdivision thereof.
14-13 SECTION 14. Section 22.23(b), Tax Code, is amended to read
14-14 as follows:
14-15 (b) For good cause shown in writing by the property owner,
14-16 the chief appraiser may extend a deadline for filing a rendition
14-17 statement or property report by written order to a date not later
14-18 than April 30. However, if the property that is the subject of the
14-19 rendition is regulated by the [Public Utility Commission of Texas
14-20 or the] Railroad Commission of Texas, the chief appraiser, upon
14-21 written request by the property owner, shall extend the filing
14-22 deadline until April 30, and may further extend the deadline an
14-23 additional 15 days upon good cause shown in writing by the property
14-24 owner.
14-25 SECTION 15. Section 301.004(c), Tax Code, is amended to read
15-1 as follows:
15-2 (c) In this section, "telephone company" means a person who
15-3 owns or operates a telephone line or a telephone network in this
15-4 state, charges for its use, and is regulated by the Railroad
15-5 [Public Utility] Commission of Texas as a certificated provider of
15-6 local exchange telephone service.
15-7 SECTION 16. Section 4B(f), Chapter 245, Acts of the 67th
15-8 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
15-9 Civil Statutes), is amended to read as follows:
15-10 (f) This section does not in any way limit the authority of
15-11 the Railroad [Public Utility] Commission of Texas to determine the
15-12 recoverability of cost from rate payers.
15-13 SECTION 17. Article 1440a, Revised Statutes, is amended to
15-14 read as follows:
15-15 Art. 1440a. Deposit for Installing Service. Every person,
15-16 firm, company, corporation, receiver or trustee engaged in the
15-17 furnishing of water, light, gas or telephone service which requires
15-18 the payment on the part of the user of such service a deposit of
15-19 money as a condition precedent to furnishing any such service,
15-20 shall pay interest on such deposit to the one making same, or to
15-21 his heirs or assigns, from the time of such deposit, the same to be
15-22 paid annually on demand, or sooner if such service be discontinued.
15-23 The rate of interest for each calendar year shall be established by
15-24 the Railroad [Public Utility] Commission of Texas on December 1, or
15-25 the next regular work day if December 1 falls on a Saturday,
16-1 Sunday, or legal holiday, of the preceding year at a rate not to
16-2 exceed eighty-five per cent (85%) of the average rate paid over the
16-3 previous 12-month period on United States Treasury bills with a
16-4 12-month maturity date; provided, in no event shall the rate of
16-5 interest set by the commission be less than six per cent (6%) per
16-6 annum or greater than twelve per cent (12%) per annum. When such
16-7 service is discontinued, such deposit, together with any unpaid
16-8 interest thereon, or such part of such deposit and unpaid interest
16-9 not consumed in bills due for such service, shall be returned to
16-10 such depositor, his heirs or legal representatives. Whoever
16-11 violates any provision of this Article shall be fined not less than
16-12 Twenty-five Dollars ($25) nor more than Two Hundred Dollars ($200),
16-13 or be confined in jail not less than six (6) months nor more than
16-14 one year, or both.
16-15 SECTION 18. Section 1(1), Chapter 650, Acts of the 68th
16-16 Legislature, Regular Session, 1983 (Article 1446c-1, Vernon's Texas
16-17 Civil Statutes), is amended to read as follows:
16-18 (1) "Commission" means the Railroad [Public Utility]
16-19 Commission of Texas.
16-20 SECTION 19. Section 3, Chapter 353, Acts of the 65th
16-21 Legislature, Regular Session, 1977 (Article 1446d, Vernon's Texas
16-22 Civil Statutes), is amended to read as follows:
16-23 Sec. 3. Notwithstanding any law to the contrary, the
16-24 Railroad [Public Utility] Commission of Texas shall promulgate
16-25 rules, regulations, and standards under which any owner, operator,
17-1 or manager of an apartment house or mobile home park which is not
17-2 individually metered for electricity for each dwelling unit may
17-3 install submetering equipment for each individual dwelling unit for
17-4 the purpose of fairly allocating the cost of each individual
17-5 dwelling unit's electrical consumption. In addition to other
17-6 appropriate safeguards for the tenant, such rules and regulations
17-7 shall require (a) that an apartment house owner or mobile home park
17-8 owner shall not impose on the tenant any extra charges, over and
17-9 above the cost per kilowatt hour which is charged by the utility to
17-10 the owner, and (b) that the apartment house owner shall maintain
17-11 adequate records regarding submetering and shall make such records
17-12 available for inspection by the tenant during reasonable business
17-13 hours. Any rule, regulation, or standard promulgated by the
17-14 commission pursuant to this section shall be deemed to have been
17-15 entered or adopted under the Public Utility Regulatory Act of 1995
17-16 (Article 1446c-0 [1446c], Vernon's Texas Civil Statutes), and for
17-17 purposes of enforcement, both utility companies and the owners,
17-18 operators, or managers of apartment houses included in this Act are
17-19 subject to enforcement pursuant to Sections 1.321, 1.322, 1.323,
17-20 1.325, 1.326, 1.327, and 1.328, [71, 72, 73, 74, 75, 76, and 77
17-21 of the] Public Utility Regulatory Act of 1995 (Article 1446c-0
17-22 [1446c], Vernon's Texas Civil Statutes). All electric submetering
17-23 equipment shall be subject to the same rules, regulations, and
17-24 standards established by the Railroad [Public Utility] Commission
17-25 for accuracy, testing, and record keeping of meters installed by
18-1 electric utilities and shall be subject to the meter testing
18-2 requirements of Section 2.156, [36 of the] Public Utility
18-3 Regulatory Act of 1995 (Article 1446c-0 [1446c], Vernon's Texas
18-4 Civil Statutes).
18-5 SECTION 20. Section 2, Article 1446d-2, Revised Statutes, is
18-6 amended to read as follows:
18-7 Sec. 2. Metered sale of electricity. Notwithstanding any
18-8 provision in the Public Utility Regulatory Act of 1995 (Article
18-9 1446c-0 [1446c], Vernon's Texas Civil Statutes) to the contrary,
18-10 the metered sale of electricity by a recreational vehicle park
18-11 owner is not considered the provision of electric service for
18-12 compensation if:
18-13 (1) the owner complies with submetering rules adopted
18-14 by the Railroad [Public Utility] Commission of Texas under the
18-15 Public Utility Regulatory Act of 1995 (Article 1446c-0 [1446c],
18-16 Vernon's Texas Civil Statutes); or
18-17 (2) each of the following conditions is met:
18-18 (A) the electricity is consumed in a
18-19 recreational vehicle that is located in a recreational vehicle
18-20 park;
18-21 (B) the recreational vehicle park owner can show
18-22 that the park owner does not, on an annual basis, recover from the
18-23 recreational vehicle occupants through metered charges more than
18-24 the supplying utility charges the park owner, including the
18-25 recognition of fuel refunds, for the electricity that is submetered
19-1 to the recreational vehicle occupants;
19-2 (C) the recreational vehicle park owner
19-3 establishes a fiscal year for purposes of this article and
19-4 maintains for at least three years records of the bills received
19-5 from the supplying utility and the charges made to recreational
19-6 vehicle occupants, including consumption records for each fiscal
19-7 year;
19-8 (D) the electricity is charged by using a fixed
19-9 rate per kilowatt hour for a fiscal year, computed by dividing the
19-10 amount charged the park owner by the supplying utility for
19-11 electricity used by occupants of recreational vehicles visiting the
19-12 recreational vehicle park in the preceding fiscal year by the total
19-13 number of kilowatt hours consumed by occupants of recreational
19-14 vehicles visiting the recreational vehicle park in the preceding
19-15 fiscal year, and rounding the quotient to the nearest cent,
19-16 provided that:
19-17 (i) if the supplying utility has increased
19-18 its rates since or during the preceding fiscal year, the park owner
19-19 may recompute the preceding fiscal year's charges by the utility
19-20 using the utility's current rates; and
19-21 (ii) if the supplying utility decreased
19-22 its rates since or during the preceding fiscal year, the park owner
19-23 shall recompute the preceding fiscal year's charges by the utility
19-24 using the utility's current rates;
19-25 (E) the fixed rate is established at the
20-1 beginning of each fiscal year;
20-2 (F) if at the end of a fiscal year the park
20-3 owner determines that the park owner has collected an amount
20-4 different than the amount charged by the supplying utility, the
20-5 park owner shall refund an over collection to recreational vehicle
20-6 occupants visiting the park in the succeeding fiscal year; and
20-7 (G) a charge by a supplying utility for
20-8 electricity used in a common area or office of a recreational
20-9 vehicle park may not be included in the charges to be recovered
20-10 through a metered charge from the recreational vehicle occupants.
20-11 SECTION 21. Section 2(a), Article 1446f, Revised Statutes,
20-12 is amended to read as follows:
20-13 (a) Notwithstanding any law to the contrary, the Railroad
20-14 [Public Utility] Commission of Texas shall promulgate rules,
20-15 regulations, and standards governing billing systems or methods
20-16 used by apartment house owners for prorating or allocating among
20-17 tenants central system utility costs or nonsubmetered master
20-18 metered utility service costs. In addition to other appropriate
20-19 safeguards for the tenant, these rules shall require that:
20-20 (1) the rental agreement shall contain a clear written
20-21 description of the method of calculation of the allocation of
20-22 central system utilities or nonsubmetered master metered utilities
20-23 for the apartment house;
20-24 (2) the rental agreement shall contain a statement of
20-25 the average apartment unit monthly bill for all apartment units for
21-1 any allocation of such utilities for the previous calendar year;
21-2 (3) an apartment house owner may not impose additional
21-3 charges on a tenant in excess of the actual charges imposed on the
21-4 owner for utility consumption by the apartment house;
21-5 (4) the apartment house shall maintain adequate
21-6 records regarding the utility consumption of the apartment house,
21-7 the charges assessed by the utility, and the allocation of the
21-8 utility costs to the tenants; and
21-9 (5) the apartment owner shall maintain all necessary
21-10 records concerning utility allocations, including the utility's
21-11 bills, and shall make the records available for inspection by the
21-12 tenants during normal business hours.
21-13 SECTION 22. Article 1446g, Revised Statutes, is amended to
21-14 read as follows:
21-15 Art. 1446g. Penalties; submetering or allocation of central
21-16 system costs. If a landlord violates any Railroad [Public Utility]
21-17 Commission of Texas rule regarding (1) submetering of electric
21-18 utilities consumed exclusively within the tenant's dwelling unit,
21-19 or (2) allocating central system utility costs or nonsubmetered
21-20 master metered electric utility costs, the tenant may recover
21-21 treble the amount of any overcharge, a civil penalty equal to one
21-22 month's rent, reasonable attorney's fees, and court costs.
21-23 However, the landlord shall not be liable for a civil penalty when
21-24 the violation was a good faith, unintentional mistake. The
22-1 landlord shall have the burden of proving the violation was a good
22-2 faith, unintentional mistake.
22-3 SECTION 23. Section 2(7), Telephone Cooperative Act (Article
22-4 1528c, Vernon's Texas Civil Statutes), is amended to read as
22-5 follows:
22-6 (7) "Commission" means the Railroad [Public Utility]
22-7 Commission of Texas.
22-8 SECTION 24. Section 2.01, Chapter 793, Acts of the 73rd
22-9 Legislature, Regular Session, 1993 (Article 4413 (47f), Vernon's
22-10 Texas Civil Statutes), is amended to read as follows:
22-11 Sec. 2.01. Texas Committee on Energy Policy. The Texas
22-12 Committee on Energy Policy is composed of the following ex officio
22-13 members:
22-14 (1) the governor;
22-15 (2) the lieutenant governor;
22-16 (3) the speaker of the house of representatives;
22-17 (4) the chairman of the house of representatives
22-18 committee on energy;
22-19 (5) the chairman of the senate committee on natural
22-20 resources;
22-21 (6) a member of the Railroad Commission of Texas,
22-22 appointed by the Railroad Commission of Texas; and
22-23 (7) [a member of the Public Utility Commission of
22-24 Texas, appointed by the Public Utility Commission of Texas; and]
22-25 [(8)] the commissioner of the General Land Office.
23-1 SECTION 25. Article 18.02(a), Title 79, Revised Statutes
23-2 (Article 5069-18.02, Vernon's Texas Civil Statutes), is amended to
23-3 read as follows:
23-4 (a) This chapter does not apply to:
23-5 (1) a person offering or selling a security that has
23-6 been qualified for sale under Section 7, The Securities Act
23-7 (Article 581-7, Vernon's Texas Civil Statutes), and its subsequent
23-8 amendments, or that is subject to an exemption under Section 5 or 6
23-9 of that Act;
23-10 (2) a publicly traded corporation registered with the
23-11 Securities and Exchange Commission or the State Securities Board,
23-12 or a subsidiary or agent of the corporation;
23-13 (3) a person licensed under the Insurance Code, if the
23-14 solicited transaction is governed by the Insurance Code;
23-15 (4) a person soliciting the sale of a subscription to:
23-16 (A) a daily or weekly newspaper of general
23-17 circulation;
23-18 (B) a magazine or other periodical of general
23-19 circulation; or
23-20 (C) a cable television service;
23-21 (5) a supervised financial institution or parent,
23-22 subsidiary, or affiliate of a supervised financial institution;
23-23 (6) a person or affiliate of a person whose business
23-24 is regulated by the Railroad [Public Utility] Commission of Texas
23-25 under the Public Utility Regulatory Act of 1995 (Article 1446c-0,
24-1 Vernon's Texas Civil Statutes), except that this chapter applies to
24-2 a person or affiliate of a person who is regulated by the Railroad
24-3 [Public Utility] Commission of Texas only with respect to one or
24-4 more automated dial announcing devices;
24-5 (7) an educational institution or organization or a
24-6 nonprofit organization exempt from taxation under Section 501(c)(3)
24-7 of the Internal Revenue Code of 1986;
24-8 (8) a sale in which the purchaser is a business that
24-9 intends to:
24-10 (A) resell the item purchased; or
24-11 (B) use the item purchased in a recycling,
24-12 reuse, remanufacturing, or manufacturing process;
24-13 (9) a person soliciting the sale of food;
24-14 (10) a person who periodically issues and delivers
24-15 catalogs to potential purchasers if the catalog:
24-16 (A) includes a written description or
24-17 illustration and the sales price of each item offered for sale;
24-18 (B) includes at least 24 full pages of written
24-19 material or illustrations;
24-20 (C) is distributed in more than one state; and
24-21 (D) has an annual circulation of not less than
24-22 250,000 customers;
24-23 (11) the solicitation of contracts for the maintenance
24-24 or repair of items previously purchased from the person making the
24-25 solicitation or on whose behalf the solicitation is made;
25-1 (12) a person soliciting:
25-2 (A) without intent to complete or obtain
25-3 provisional acceptance of a sale during the telephone solicitation;
25-4 (B) who does not make the major sales
25-5 presentation during the telephone solicitation but arranges for the
25-6 major sales presentation to be made at a later face-to-face meeting
25-7 between the salesperson and the purchaser; and
25-8 (C) who does not cause an individual to go to
25-9 the prospective purchaser to collect payment for the purchase or to
25-10 deliver any item purchased directly following the telephone
25-11 solicitation;
25-12 (13) a person subject to the control or licensing
25-13 regulations of the Federal Communications Commission;
25-14 (14) a person selling:
25-15 (A) a contractual plan regulated by the Federal
25-16 Trade Commission trade regulation on use of negative option plans
25-17 by sellers in commerce under Title 16, Code of Federal Regulations,
25-18 Part 425; or
25-19 (B) merchandise under an arrangement in which
25-20 the seller periodically ships the merchandise to the consumer who
25-21 has consented in advance to receive the merchandise on a periodic
25-22 basis;
25-23 (15) a person:
25-24 (A) who provides telephone solicitation services
25-25 under contract to sellers;
26-1 (B) who has been operating continuously for at
26-2 least three years under the same business name; and
26-3 (C) for whom at least 75 percent of the person's
26-4 contracts are performed on behalf of other persons exempt under
26-5 this section;
26-6 (16) a person soliciting business from a former or
26-7 current customer if the person has operated under the exact same
26-8 business name for at least two years;
26-9 (17) a person engaging in a commercial telephone
26-10 solicitation that is an isolated transaction and not done in the
26-11 course of a pattern of repeated transactions of a like nature;
26-12 (18) a person who for at least two years has been
26-13 operating under the same name as that used in connection with its
26-14 telemarketing operations a retail establishment where consumer
26-15 goods are displayed and offered for sale on a continuing basis if a
26-16 majority of the person's business involves the buyers obtaining
26-17 services or products at the person's retail establishment;
26-18 (19) a person subject to the filing requirements of
26-19 Chapter 1054, Acts of the 70th Legislature, Regular Session, 1987
26-20 (Article 9023a, Vernon's Texas Civil Statutes), or any successor to
26-21 this statute; or
26-22 (20) a person soliciting a transaction regulated by
26-23 the Commodity Futures Trading Commission if the person is
26-24 registered or temporarily licensed for that activity with the
26-25 Commodity Futures Trading Commission under the Commodity Exchange
27-1 Act (7 U.S.C. Section 1 et seq.) and the registration or license
27-2 has not expired or been suspended or revoked.
27-3 SECTION 26. (a) The following provisions of the Public
27-4 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
27-5 Civil Statutes), are repealed:
27-6 (1) Section 1.021;
27-7 (2) Section 1.023;
27-8 (3) Section 1.024;
27-9 (4) Section 1.025;
27-10 (5) Section 1.026;
27-11 (6) Section 1.027;
27-12 (7) Section 1.028;
27-13 (8) Section 1.029;
27-14 (9) Section 1.030;
27-15 (10) Section 1.031;
27-16 (11) Section 1.032;
27-17 (12) Section 1.033;
27-18 (13) Section 1.035;
27-19 (14) Section 1.036;
27-20 (15) Section 1.037; and
27-21 (16) Section 1.323.
27-22 (b) Section 12.013(h), Water Code is repealed.
27-23 SECTION 27. (a) It is the intention of the legislature that
27-24 the powers, duties, obligations, rights, contracts, records,
27-25 employees, property, funds, and appropriations of the Public
28-1 Utility Commission of Texas shall be transferred to the Railroad
28-2 Commission of Texas. The transfer shall take effect in phases such
28-3 that the Railroad Commission of Texas shall take regulatory
28-4 jurisdiction over public utilities effective March 1, 1998, and
28-5 shall take regulatory jurisdiction over telecommunications
28-6 utilities effective September 1, 1998. To that end:
28-7 (1) Sections 1, 10, 11, 16, 18, 19, 20, 21, 22, 24,
28-8 30, 31, and 32 of this Act take effect March 1, 1998, and apply to
28-9 a case filed or a proceeding initiated on or after that date;
28-10 (2) Sections 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15,
28-11 17, 23, 25, 26, and 29 of this Act take effect September 1, 1998,
28-12 and apply to a case filed or a proceeding initiated on or after
28-13 that date; and
28-14 (3) Section 28 takes effect immediately.
28-15 SECTION 28. (a) The Railroad Commission of Texas shall
28-16 administer the transfer of the powers, duties, obligations, rights,
28-17 contracts, records, employees, property, funds, and appropriations
28-18 from the Public Utility Commission of Texas to the Railroad
28-19 Commission of Texas. The Railroad Commission of Texas or its
28-20 designee(s) shall:
28-21 (1) determine the personnel, equipment, data,
28-22 facilities, unspent appropriations, and other items that will be
28-23 transferred under this Act and the schedule for the transfers; and
28-24 (2) ensure that the transfers do not adversely affect
28-25 a proceeding before the Public Utility Commission of Texas or the
29-1 rights of the parties to the proceeding.
29-2 (b) After the transfers have been completed, the Railroad
29-3 Commission of Texas or its designee(s) shall prepare a written
29-4 report detailing the specifics of the transfers and shall submit
29-5 the report to the governor and the legislature.
29-6 SECTION 29. On September 1, 1998:
29-7 (1) all remaining powers, duties, obligations, rights,
29-8 contracts, records, employees, property, funds, and unspent
29-9 appropriations are transferred from the Public Utility Commission
29-10 of Texas to the Railroad Commission of Texas;
29-11 (2) the Public Utility Commission of Texas is
29-12 abolished; and
29-13 (3) the terms of the commissioners of the Public
29-14 Utility Commission of Texas expire.
29-15 SECTION 30. All rules, policies, procedures, and decisions
29-16 of the Public Utility Commission of Texas relating to the
29-17 regulation of utilities under the Public Utility Regulatory Act of
29-18 1995 (Article 1446c-0, Vernon's Texas Civil Statutes) are continued
29-19 in effect as rules, policies, procedures, and decisions of the
29-20 Railroad Commission of Texas until superseded by a rule or other
29-21 appropriate action of the Railroad Commission of Texas. All rules,
29-22 policies, procedures, and decisions of the Public Utility
29-23 Commission of Texas relating to the management and day-to-day
29-24 operation of the Public Utility Commission of Texas are superseded
29-25 by the rules, policies, procedures, and decisions of the Railroad
30-1 Commission of Texas relating to the management and day-to-day
30-2 operation of the Railroad Commission of Texas upon the transfer of
30-3 the respective powers, duties, obligations, rights, contracts,
30-4 records, employees, property, funds, and unspent appropriations
30-5 from the Public Utility Commission of Texas to the Railroad
30-6 Commission of Texas.
30-7 SECTION 31. The abolition of the Public Utility Commission
30-8 of Texas and the transfer of its powers and duties to the Railroad
30-9 Commission of Texas does not affect or impair an act done or
30-10 obligation, certificate, permit, rule, criterion, standard, or
30-11 requirement, or penalty accrued or existing under former law, and
30-12 that law remains in effect for that purpose.
30-13 SECTION 32. A reference in law to the Public Utility
30-14 Commission of Texas means the Railroad Commission of Texas, on and
30-15 after March 1, 1998, with respect to public utilities, and on and
30-16 after September 1, 1998, with respect to telecommunications
30-17 utilities.
30-18 SECTION 33. The importance of this legislation and the
30-19 crowded condition of the calendars in both houses create an
30-20 emergency and an imperative public necessity that the
30-21 constitutional rule requiring bills to be read on three several
30-22 days in each house be suspended, and this rule is hereby suspended.