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.