1-1 By: Cain S.B. No. 1768
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 7, 1997, reported favorably by the following vote: Yeas 10,
1-5 Nays 3; April 7, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the abolition of the Public Utility Commission of Texas
1-9 and to the transfer of its powers and duties to the Railroad
1-10 Commission of Texas.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivisions (4) and (5), Section 1.003, Public
1-13 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
1-14 Civil Statutes), are amended to read as follows:
1-15 (4) "Commission" means the Railroad [Public Utility]
1-16 Commission of Texas, with respect to the regulatory jurisdiction,
1-17 powers, and duties set forth in Title II of this Act, and to those
1-18 sections of Title I of this Act necessary to carry out those powers
1-19 and duties.
1-20 (5) "Commissioner" means a member of the Railroad
1-21 [Public Utility] Commission of Texas, with respect to the
1-22 regulatory jurisdiction, powers, and duties set forth in Title II
1-23 of this Act, and to those sections of Title I of this Act necessary
1-24 to carry out those powers and duties.
1-25 SECTION 2. Subdivisions (4) and (5), Section 1.003, Public
1-26 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
1-27 Civil Statutes), are amended to read as follows:
1-28 (4) "Commission" means the Railroad [Public Utility]
1-29 Commission of Texas.
1-30 (5) "Commissioner" means a member of the Railroad
1-31 [Public Utility] Commission of Texas.
1-32 SECTION 3. Section 1.022, Public Utility Regulatory Act of
1-33 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
1-34 to read as follows:
1-35 Sec. 1.022. Sunset Provision. The [Public Utility
1-36 Commission of Texas and the] Office of Public Utility Counsel is
1-37 [are] subject to Chapter 325, Government Code (Texas Sunset Act).
1-38 Unless continued in existence as provided by that chapter, the
1-39 [commission and the] office is [are] abolished and this Act expires
1-40 September 1, 2001.
1-41 SECTION 4. Subsections (d), (e), (f), (g), (h), (k), (l),
1-42 (m), and (s), Section 1.3215, Public Utility Regulatory Act of 1995
1-43 (Article 1446c-0, Vernon's Texas Civil Statutes), are amended to
1-44 read as follows:
1-45 (d) If the commission [executive director] determines that a
1-46 violation has occurred, the [executive director may issue to the]
1-47 commission may issue a report that states the facts on which the
1-48 determination is based and the commission's [director's]
1-49 recommendation on the imposition of a penalty, including a
1-50 recommendation on the amount of the penalty.
1-51 (e) Within 14 days after the date the report is issued, the
1-52 commission [executive director] shall give written notice of the
1-53 report to the person. The notice may be given by certified mail.
1-54 The notice must include a brief summary of the alleged violation
1-55 and a statement of the amount of the recommended penalty and must
1-56 inform the person that the person has a right to a hearing on the
1-57 occurrence of the violation, the amount of the penalty, or both the
1-58 occurrence of the violation and the amount of the penalty. Before
1-59 any penalty may be assessed under this section, the person against
1-60 whom the penalty may be assessed shall be given 30 days after
1-61 receiving from the commission [executive director] the notice of
1-62 the report summarizing the alleged violation pursuant to this
1-63 subsection in which to cure the violation and the person must fail
1-64 to cure the alleged violation within the 30-day period. The person
2-1 against whom the penalty may be assessed who claims to have cured
2-2 the alleged violation shall have the burden of proving to the
2-3 commission that the alleged violation was cured and was accidental
2-4 or inadvertent.
2-5 (f) Within 20 days after the date the person receives the
2-6 notice, the person in writing may accept the determination and
2-7 recommended penalty of the commission [executive director] or may
2-8 make a written request for a hearing on the occurrence of the
2-9 violation, the amount of the penalty, or both the occurrence of the
2-10 violation and the amount of the penalty.
2-11 (g) If the person accepts the determination and recommended
2-12 penalty of the commission [executive director], the commission by
2-13 order shall approve the determination and impose the recommended
2-14 penalty.
2-15 (h) If the person requests a hearing or fails to respond
2-16 timely to the notice, the commission [executive director] shall set
2-17 a hearing and give notice of the hearing to the person. The
2-18 hearing shall be held by an administrative law judge of the State
2-19 Office of Administrative Hearings. The administrative law judge
2-20 shall make findings of fact and conclusions of law and promptly
2-21 issue to the commission a proposal for a decision about the
2-22 occurrence of the violation and the amount of a proposed penalty.
2-23 Based on the findings of fact, conclusions of law, and proposal for
2-24 a decision, the commission by order may find that a violation has
2-25 occurred and impose a penalty or may find that no violation
2-26 occurred.
2-27 (k) Within the 30-day period, a person who acts under
2-28 Subsection (j)(3) of this section may:
2-29 (1) stay enforcement of the penalty by:
2-30 (A) paying the amount of the penalty to the
2-31 court for placement in an escrow account; or
2-32 (B) giving to the court a supersedeas bond that
2-33 is approved by the court for the amount of the penalty and that is
2-34 effective until all judicial review of the commission's order is
2-35 final; or
2-36 (2) request the court to stay enforcement of the
2-37 penalty by:
2-38 (A) filing with the court a sworn affidavit of
2-39 the person stating that the person is financially unable to pay the
2-40 amount of the penalty and is financially unable to give the
2-41 supersedeas bond; and
2-42 (B) giving a copy of the affidavit to the
2-43 commission [executive director] by certified mail.
2-44 (l) The commission [executive director], on receipt of a
2-45 copy of an affidavit under Subsection (k)(2) of this section, may
2-46 file with the court, within five days after the date the copy is
2-47 received, a contest to the affidavit. The court shall hold a
2-48 hearing on the facts alleged in the affidavit as soon as
2-49 practicable and shall stay the enforcement of the penalty on
2-50 finding that the alleged facts are true. The person who files an
2-51 affidavit has the burden of proving that the person is financially
2-52 unable to pay the amount of the penalty and to give a supersedeas
2-53 bond.
2-54 (m) If the person does not pay the amount of the penalty and
2-55 the enforcement of the penalty is not stayed, the commission
2-56 [executive director] may refer the matter to the attorney general
2-57 for collection of the amount of the penalty.
2-58 (s) The commission [executive director] may delegate to a
2-59 commission employee [person] that the commission [executive
2-60 director] designates any power or duty given the commission
2-61 [executive director] by this section.
2-62 SECTION 5. Section 1.405, Public Utility Regulatory Act of
2-63 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
2-64 to read as follows:
2-65 Sec. 1.405. TERMINATING SERVICES TO ELDERLY AND DISABLED;
2-66 CRITERIA AND GUIDELINES; ESTABLISHMENT. The Railroad [Public
2-67 Utility] Commission is authorized to establish criteria and
2-68 guidelines with the utility industry relating to procedures
2-69 employed by the industry in terminating services to the elderly and
3-1 disabled.
3-2 SECTION 6. Subsection (a), Section 104.003, Agriculture
3-3 Code, is amended to read as follows:
3-4 (a) This chapter does not apply to:
3-5 (1) an order or rule issued by the Railroad [Public
3-6 Utility] Commission of Texas; or
3-7 (2) an order or rule concerning the operation of
3-8 common carriers issued by the Interstate Commerce Commission.
3-9 SECTION 7. Subdivision (14), Section 1, Article 18.21, Code
3-10 of Criminal Procedure, is amended to read as follows:
3-11 (14) "Trap and trace device" means a mechanical or
3-12 electronic device that attaches to a telephone line and is capable
3-13 of recording an incoming electronic or other impulse that
3-14 identifies the originating number of an instrument or device from
3-15 which a wire or electronic communication was transmitted. The term
3-16 does not include a device or telecommunications network used in
3-17 providing: (1) a caller identification service authorized by the
3-18 Railroad [Public Utility] Commission of Texas under Section 3.302
3-19 [87C], Public Utility Regulatory Act of 1995 (Article 1446c-0
3-20 [1446c], Vernon's Texas Civil Statutes); (2) the services
3-21 referenced in Subsection (g), Section 3.302 [87C], Public Utility
3-22 Regulatory Act of 1995 (Article 1446c-0 [1446c], Vernon's Texas
3-23 Civil Statutes); or (3) a caller identification service provided by
3-24 a commercial mobile radio service provider licensed by the Federal
3-25 Communications Commission.
3-26 SECTION 8. Section 232.002, Family Code, is amended to read
3-27 as follows:
3-28 Sec. 232.002. Licensing Authorities Subject to Chapter. The
3-29 following state agencies are licensing authorities subject to this
3-30 subchapter:
3-31 (1) Department of Agriculture;
3-32 (2) Texas Commission on Alcohol and Drug Abuse;
3-33 (3) Texas Alcoholic Beverage Commission;
3-34 (4) Texas Appraiser Licensing and Certification Board;
3-35 (5) Texas Board of Architectural Examiners;
3-36 (6) State Board of Barber Examiners;
3-37 (7) Texas Board of Chiropractic Examiners;
3-38 (8) Comptroller of Public Accounts;
3-39 (9) Texas Cosmetology Commission;
3-40 (10) Court Reporters Certification Board;
3-41 (11) State Board of Dental Examiners, if the 74th
3-42 Legislature, at its regular session, enacts legislation that
3-43 becomes law authorizing a state agency to regulate the practice of
3-44 dentistry;
3-45 (12) Texas State Board of Examiners of Dietitians;
3-46 (13) Texas Funeral Service Commission;
3-47 (14) Texas Department of Health;
3-48 (15) Texas Board of Professional Land Surveying;
3-49 (16) Texas Department of Licensing and Regulation;
3-50 (17) Texas State Board of Examiners of Marriage and
3-51 Family Therapists;
3-52 (18) Texas State Board of Medical Examiners;
3-53 (19) Midwifery Board;
3-54 (20) Texas Natural Resource Conservation Commission;
3-55 (21) Board of Nurse Examiners;
3-56 (22) Texas Board of Nursing Facility Administrators;
3-57 (23) Texas Board of Occupational Therapy Examiners;
3-58 (24) Texas Optometry Board;
3-59 (25) Parks and Wildlife Department;
3-60 (26) Texas State Board of Examiners of Perfusionists;
3-61 (27) Texas State Board of Pharmacy;
3-62 (28) Texas Board of Physical Therapy Examiners;
3-63 (29) Texas State Board of Plumbing Examiners;
3-64 (30) Texas State Board of Podiatry Examiners;
3-65 (31) Polygraph Examiners Board;
3-66 (32) Texas Board of Private Investigators and Private
3-67 Security Agencies;
3-68 (33) Texas State Board of Examiners of Professional
3-69 Counselors;
4-1 (34) State Board of Registration for Professional
4-2 Engineers;
4-3 (35) Department of Protective and Regulatory Services;
4-4 (36) Texas State Board of Examiners of Psychologists;
4-5 (37) Texas State Board of Public Accountancy;
4-6 (38) Department of Public Safety of the State of
4-7 Texas;
4-8 (39) [Public Utility Commission of Texas;]
4-9 [(40)] Railroad Commission of Texas;
4-10 (40) [(41)] Texas Real Estate Commission;
4-11 (41) [(42)] State Bar of Texas;
4-12 (42) [(43)] Texas State Board of Social Worker
4-13 Examiners;
4-14 (43) [(44)] State Board of Examiners for
4-15 Speech-Language Pathology and Audiology;
4-16 (44) [(45)] Texas Structural Pest Control Board;
4-17 (45) [(46)] Board of Tax Professional Examiners;
4-18 (46) [(47)] Secretary of State;
4-19 (47) [(48)] Supreme Court of Texas;
4-20 (48) [(49)] Texas Transportation Commission;
4-21 (49) [(50)] State Board of Veterinary Medical
4-22 Examiners;
4-23 (50) [(51)] Board of Vocational Nurse Examiners;
4-24 (51) [(52)] Texas Ethics Commission;
4-25 (52) [(53)] Advisory Board of Athletic Trainers;
4-26 (53) [(54)] State Committee of Examiners in the
4-27 Fitting and Dispensing of Hearing Instruments;
4-28 (54) [(55)] Texas Board of Licensure for Professional
4-29 Medical Physicists; and
4-30 (55) [(56)] Texas Department of Insurance.
4-31 SECTION 9. Subsection (c), Section 572.003, Government Code,
4-32 is amended to read as follows:
4-33 (c) The term means a member of:
4-34 (1) the [Public Utility Commission of Texas;]
4-35 [(2) the] Texas Department of Commerce;
4-36 (2) [(3)] the Texas Natural Resource Conservation
4-37 Commission;
4-38 (3) [(4)] the Texas Alcoholic Beverage Commission;
4-39 (4) [(5)] The Finance Commission of Texas;
4-40 (5) [(6)] the General Services Commission;
4-41 (6) [(7)] the Texas Board of Criminal Justice;
4-42 (7) [(8)] the board of trustees of the Employees
4-43 Retirement System of Texas;
4-44 (8) [(9)] the Texas Transportation Commission;
4-45 (9) [(10)] the Texas Workers' Compensation Commission;
4-46 (10) [(11)] the State Board of Insurance;
4-47 (11) [(12)] the Parks and Wildlife Commission;
4-48 (12) [(13)] the Public Safety Commission;
4-49 (13) [(14)] the Texas Ethics Commission;
4-50 (14) [(15)] the State Securities Board;
4-51 (15) [(16)] the Texas Water Development Board;
4-52 (16) [(17)] the governing board of a public senior
4-53 college or university as defined by Section 61.003, Education Code,
4-54 or of The University of Texas Southwestern Medical Center at
4-55 Dallas, The University of Texas Medical Branch at Galveston, The
4-56 University of Texas Health Science Center at Houston, The
4-57 University of Texas Health Science Center at San Antonio, The
4-58 University of Texas System Cancer Center, The University of Texas
4-59 Health Science Center at Tyler, University of North Texas Health
4-60 Science Center at Fort Worth, Texas Tech University Health Sciences
4-61 Center, Texas State Technical College--Amarillo, Texas State
4-62 Technical College--Harlingen, Texas State Technical
4-63 College--Sweetwater, or Texas State Technical College--Waco;
4-64 (17) [(18)] the Texas Higher Education Coordinating
4-65 Board;
4-66 (18) [(19)] the Texas Employment Commission;
4-67 (19) [(20)] the State Banking Board;
4-68 (20) [(21)] the board of trustees of the Teacher
4-69 Retirement System of Texas;
5-1 (21) [(22)] the Credit Union Commission;
5-2 (22) [(23)] the School Land Board;
5-3 (23) [(24)] the board of the Texas Department of
5-4 Housing and Community Affairs;
5-5 (24) [(25)] the Texas Racing Commission;
5-6 (25) [(26)] the State Board of Dental Examiners;
5-7 (26) [(27)] the Texas Board of Licensure for Nursing
5-8 Home Administrators;
5-9 (27) [(28)] the Texas State Board of Medical
5-10 Examiners;
5-11 (28) [(29)] the Board of Pardons and Paroles;
5-12 (29) [(30)] the State Board of Pharmacy;
5-13 (30) [(31)] the Department of Information Resources
5-14 governing board;
5-15 (31) [(32)] the Motor Vehicle Board;
5-16 (32) [(33)] the Texas Real Estate Commission;
5-17 (33) [(34)] the board of directors of the State Bar of
5-18 Texas;
5-19 (34) [(35)] the bond review board;
5-20 (35) [(36)] the Texas Board of Health;
5-21 (36) [(37)] the Texas Board of Mental Health and
5-22 Mental Retardation;
5-23 (37) [(38)] the Texas Board on Aging;
5-24 (38) [(39)] the Texas Board of Human Services;
5-25 (39) [(40)] the Texas Funeral Service Commission;
5-26 (40) [(41)] the board of directors of a river
5-27 authority created under the Texas Constitution or a statute of this
5-28 state; or
5-29 (41) [(42)] the Texas Lottery Commission.
5-30 SECTION 10. Subdivision (2), Section 2302.001, Government
5-31 Code, is amended to read as follows:
5-32 (2) "Commission" means the Railroad [Public Utility]
5-33 Commission of Texas.
5-34 SECTION 11. Section 2302.002, Government Code, is amended to
5-35 read as follows:
5-36 Sec. 2302.002. Composition of Council. The council is
5-37 composed of:
5-38 (1) one representative with knowledge of cogeneration
5-39 from each of the following agencies, appointed by and serving at
5-40 the pleasure of the agency's presiding officer:
5-41 (A) the commission;
5-42 (B) [the Railroad Commission of Texas;]
5-43 [(C)] the General Services Commission; and
5-44 (C) [(D)] the Texas Natural Resource
5-45 Conservation Commission;
5-46 (2) one representative of the office of the attorney
5-47 general, appointed by the attorney general; and
5-48 (3) one representative of higher education, appointed
5-49 by the governor.
5-50 SECTION 12. Subdivisions (5) and (11), Section 771.001,
5-51 Health and Safety Code, are amended to read as follows:
5-52 (5) "Local exchange service provider" means a
5-53 telecommunications carrier providing telecommunications service in
5-54 a local exchange service area under a certificate of public
5-55 convenience and necessity issued by the Railroad [Public Utility]
5-56 Commission of Texas.
5-57 (11) "Business service" means a telecommunications
5-58 service classified as a business service under rules adopted by the
5-59 Railroad [Public Utility] Commission of Texas or under the
5-60 applicable tariffs of the principal service supplier.
5-61 SECTION 13. Subsection (d), Section 28.03, Penal Code, is
5-62 amended to read as follows:
5-63 (d) The term "public communication, public transportation,
5-64 public water, gas, or power supply, or other public service" shall
5-65 mean, refer to, and include any such services subject to regulation
5-66 by [the Public Utility Commission of Texas,] the Railroad
5-67 Commission of Texas[,] or the Texas Natural Resource Conservation
5-68 Commission or any such services enfranchised by the State of Texas
5-69 or any political subdivision thereof.
6-1 SECTION 14. Subsection (b), Section 22.23, Tax Code, is
6-2 amended to read as follows:
6-3 (b) For good cause shown in writing by the property owner,
6-4 the chief appraiser may extend a deadline for filing a rendition
6-5 statement or property report by written order to a date not later
6-6 than April 30. However, if the property that is the subject of the
6-7 rendition is regulated by the [Public Utility Commission of Texas
6-8 or the] Railroad Commission of Texas, the chief appraiser, upon
6-9 written request by the property owner, shall extend the filing
6-10 deadline until April 30, and may further extend the deadline an
6-11 additional 15 days upon good cause shown in writing by the property
6-12 owner.
6-13 SECTION 15. Subsection (c), Section 301.004, Tax Code, is
6-14 amended to read as follows:
6-15 (c) In this section, "telephone company" means a person who
6-16 owns or operates a telephone line or a telephone network in this
6-17 state, charges for its use, and is regulated by the Railroad
6-18 [Public Utility] Commission of Texas as a certificated provider of
6-19 local exchange telephone service.
6-20 SECTION 16. Subsection (f), Section 4B, Chapter 245, Acts of
6-21 the 67th Legislature, Regular Session, 1981 (Article 717p, Vernon's
6-22 Texas Civil Statutes), is amended to read as follows:
6-23 (f) This section does not in any way limit the authority of
6-24 the Railroad [Public Utility] Commission of Texas to determine the
6-25 recoverability of cost from rate payers.
6-26 SECTION 17. Article 1440a, Revised Statutes, is amended to
6-27 read as follows:
6-28 Art. 1440a. Deposit for Installing Service. Every person,
6-29 firm, company, corporation, receiver or trustee engaged in the
6-30 furnishing of water, light, gas or telephone service which requires
6-31 the payment on the part of the user of such service a deposit of
6-32 money as a condition precedent to furnishing any such service,
6-33 shall pay interest on such deposit to the one making same, or to
6-34 his heirs or assigns, from the time of such deposit, the same to be
6-35 paid annually on demand, or sooner if such service be discontinued.
6-36 The rate of interest for each calendar year shall be established by
6-37 the Railroad [Public Utility] Commission of Texas on December 1, or
6-38 the next regular work day if December 1 falls on a Saturday,
6-39 Sunday, or legal holiday, of the preceding year at a rate not to
6-40 exceed eighty-five per cent (85%) of the average rate paid over the
6-41 previous 12-month period on United States Treasury bills with a
6-42 12-month maturity date; provided, in no event shall the rate of
6-43 interest set by the commission be less than six per cent (6%) per
6-44 annum or greater than twelve per cent (12%) per annum. When such
6-45 service is discontinued, such deposit, together with any unpaid
6-46 interest thereon, or such part of such deposit and unpaid interest
6-47 not consumed in bills due for such service, shall be returned to
6-48 such depositor, his heirs or legal representatives. Whoever
6-49 violates any provision of this Article shall be fined not less than
6-50 Twenty-five Dollars ($25) nor more than Two Hundred Dollars ($200),
6-51 or be confined in jail not less than six (6) months nor more than
6-52 one year, or both.
6-53 SECTION 18. Subdivision (1), Section 1, Chapter 650, Acts of
6-54 the 68th Legislature, Regular Session, 1983 (Article 1446c-1,
6-55 Vernon's Texas Civil Statutes), is amended to read as follows:
6-56 (1) "Commission" means the Railroad [Public Utility]
6-57 Commission of Texas.
6-58 SECTION 19. Section 3, Chapter 353, Acts of the 65th
6-59 Legislature, Regular Session, 1977 (Article 1446d, Vernon's Texas
6-60 Civil Statutes), is amended to read as follows:
6-61 Sec. 3. Notwithstanding any law to the contrary, the
6-62 Railroad [Public Utility] Commission of Texas shall promulgate
6-63 rules, regulations, and standards under which any owner, operator,
6-64 or manager of an apartment house or mobile home park which is not
6-65 individually metered for electricity for each dwelling unit may
6-66 install submetering equipment for each individual dwelling unit for
6-67 the purpose of fairly allocating the cost of each individual
6-68 dwelling unit's electrical consumption. In addition to other
6-69 appropriate safeguards for the tenant, such rules and regulations
7-1 shall require (a) that an apartment house owner or mobile home park
7-2 owner shall not impose on the tenant any extra charges, over and
7-3 above the cost per kilowatt hour which is charged by the utility to
7-4 the owner, and (b) that the apartment house owner shall maintain
7-5 adequate records regarding submetering and shall make such records
7-6 available for inspection by the tenant during reasonable business
7-7 hours. Any rule, regulation, or standard promulgated by the
7-8 commission pursuant to this section shall be deemed to have been
7-9 entered or adopted under the Public Utility Regulatory Act of 1995
7-10 (Article 1446c-0 [1446c], Vernon's Texas Civil Statutes), and for
7-11 purposes of enforcement, both utility companies and the owners,
7-12 operators, or managers of apartment houses included in this Act are
7-13 subject to enforcement pursuant to Sections 1.321, 1.322, 1.323,
7-14 1.325, 1.326, 1.327, and 1.328, [71, 72, 73, 74, 75, 76, and 77
7-15 of the] Public Utility Regulatory Act of 1995 (Article 1446c-0
7-16 [1446c], Vernon's Texas Civil Statutes). All electric submetering
7-17 equipment shall be subject to the same rules, regulations, and
7-18 standards established by the Railroad [Public Utility] Commission
7-19 of Texas for accuracy, testing, and record keeping of meters
7-20 installed by electric utilities and shall be subject to the meter
7-21 testing requirements of Section 2.156, [36 of the] Public Utility
7-22 Regulatory Act of 1995 (Article 1446c-0 [1446c], Vernon's Texas
7-23 Civil Statutes).
7-24 SECTION 20. Section 2, Article 1446d-2, Revised Statutes, is
7-25 amended to read as follows:
7-26 Sec. 2. Metered sale of electricity. Notwithstanding any
7-27 provision in the Public Utility Regulatory Act of 1995 (Article
7-28 1446c-0 [1446c], Vernon's Texas Civil Statutes) to the contrary,
7-29 the metered sale of electricity by a recreational vehicle park
7-30 owner is not considered the provision of electric service for
7-31 compensation if:
7-32 (1) the owner complies with submetering rules adopted
7-33 by the Railroad [Public Utility] Commission of Texas under the
7-34 Public Utility Regulatory Act of 1995 (Article 1446c-0 [1446c],
7-35 Vernon's Texas Civil Statutes); or
7-36 (2) each of the following conditions is met:
7-37 (A) the electricity is consumed in a
7-38 recreational vehicle that is located in a recreational vehicle
7-39 park;
7-40 (B) the recreational vehicle park owner can show
7-41 that the park owner does not, on an annual basis, recover from the
7-42 recreational vehicle occupants through metered charges more than
7-43 the supplying utility charges the park owner, including the
7-44 recognition of fuel refunds, for the electricity that is submetered
7-45 to the recreational vehicle occupants;
7-46 (C) the recreational vehicle park owner
7-47 establishes a fiscal year for purposes of this article and
7-48 maintains for at least three years records of the bills received
7-49 from the supplying utility and the charges made to recreational
7-50 vehicle occupants, including consumption records for each fiscal
7-51 year;
7-52 (D) the electricity is charged by using a fixed
7-53 rate per kilowatt hour for a fiscal year, computed by dividing the
7-54 amount charged the park owner by the supplying utility for
7-55 electricity used by occupants of recreational vehicles visiting the
7-56 recreational vehicle park in the preceding fiscal year by the total
7-57 number of kilowatt hours consumed by occupants of recreational
7-58 vehicles visiting the recreational vehicle park in the preceding
7-59 fiscal year, and rounding the quotient to the nearest cent,
7-60 provided that:
7-61 (i) if the supplying utility has increased
7-62 its rates since or during the preceding fiscal year, the park owner
7-63 may recompute the preceding fiscal year's charges by the utility
7-64 using the utility's current rates; and
7-65 (ii) if the supplying utility decreased
7-66 its rates since or during the preceding fiscal year, the park owner
7-67 shall recompute the preceding fiscal year's charges by the utility
7-68 using the utility's current rates;
7-69 (E) the fixed rate is established at the
8-1 beginning of each fiscal year;
8-2 (F) if at the end of a fiscal year the park
8-3 owner determines that the park owner has collected an amount
8-4 different than the amount charged by the supplying utility, the
8-5 park owner shall refund an overcollection to recreational vehicle
8-6 occupants visiting the park in the succeeding fiscal year; and
8-7 (G) a charge by a supplying utility for
8-8 electricity used in a common area or office of a recreational
8-9 vehicle park may not be included in the charges to be recovered
8-10 through a metered charge from the recreational vehicle occupants.
8-11 SECTION 21. Subsection (a), Section 2, Article 1446f,
8-12 Revised Statutes, is amended to read as follows:
8-13 (a) Notwithstanding any law to the contrary, the Railroad
8-14 [Public Utility] Commission of Texas shall promulgate rules,
8-15 regulations, and standards governing billing systems or methods
8-16 used by apartment house owners for prorating or allocating among
8-17 tenants central system utility costs or nonsubmetered master
8-18 metered utility service costs. In addition to other appropriate
8-19 safeguards for the tenant, these rules shall require that:
8-20 (1) the rental agreement shall contain a clear written
8-21 description of the method of calculation of the allocation of
8-22 central system utilities or nonsubmetered master metered utilities
8-23 for the apartment house;
8-24 (2) the rental agreement shall contain a statement of
8-25 the average apartment unit monthly bill for all apartment units for
8-26 any allocation of such utilities for the previous calendar year;
8-27 (3) an apartment house owner may not impose additional
8-28 charges on a tenant in excess of the actual charges imposed on the
8-29 owner for utility consumption by the apartment house;
8-30 (4) the apartment house shall maintain adequate
8-31 records regarding the utility consumption of the apartment house,
8-32 the charges assessed by the utility, and the allocation of the
8-33 utility costs to the tenants; and
8-34 (5) the apartment owner shall maintain all necessary
8-35 records concerning utility allocations, including the utility's
8-36 bills, and shall make the records available for inspection by the
8-37 tenants during normal business hours.
8-38 SECTION 22. Article 1446g, Revised Statutes, is amended to
8-39 read as follows:
8-40 Art. 1446g. Penalties; submetering or allocation of central
8-41 system costs. If a landlord violates any Railroad [Public Utility]
8-42 Commission of Texas rule regarding (1) submetering of electric
8-43 utilities consumed exclusively within the tenant's dwelling unit,
8-44 or (2) allocating central system utility costs or nonsubmetered
8-45 master metered electric utility costs, the tenant may recover
8-46 treble the amount of any overcharge, a civil penalty equal to one
8-47 month's rent, reasonable attorney's fees, and court costs.
8-48 However, the landlord shall not be liable for a civil penalty when
8-49 the violation was a good faith, unintentional mistake. The
8-50 landlord shall have the burden of proving the violation was a good
8-51 faith, unintentional mistake.
8-52 SECTION 23. Subdivision (7), Section 2, Telephone
8-53 Cooperative Act (Article 1528c, Vernon's Texas Civil Statutes), is
8-54 amended to read as follows:
8-55 (7) "Commission" means the Railroad [Public Utility]
8-56 Commission of Texas.
8-57 SECTION 24. Section 2.01, Chapter 793, Acts of the 73rd
8-58 Legislature, 1993 (Article 4413 (47f), Vernon's Texas Civil
8-59 Statutes), is amended to read as follows:
8-60 Sec. 2.01. Texas Committee on Energy Policy. The Texas
8-61 Committee on Energy Policy is composed of the following ex officio
8-62 members:
8-63 (1) the governor;
8-64 (2) the lieutenant governor;
8-65 (3) the speaker of the house of representatives;
8-66 (4) the chairman of the house of representatives
8-67 committee on energy;
8-68 (5) the chairman of the senate committee on natural
8-69 resources;
9-1 (6) a member of the Railroad Commission of Texas,
9-2 appointed by the Railroad Commission of Texas; and
9-3 (7) [a member of the Public Utility Commission of
9-4 Texas, appointed by the Public Utility Commission of Texas; and]
9-5 [(8)] the commissioner of the General Land Office.
9-6 SECTION 25. Subsection (a), Article 18.02, Title 79, Revised
9-7 Statutes (Article 5069-18.02, Vernon's Texas Civil Statutes), is
9-8 amended to read as follows:
9-9 (a) This chapter does not apply to:
9-10 (1) a person offering or selling a security that has
9-11 been qualified for sale under Section 7, The Securities Act
9-12 (Article 581-7, Vernon's Texas Civil Statutes), and its subsequent
9-13 amendments, or that is subject to an exemption under Section 5 or 6
9-14 of that Act;
9-15 (2) a publicly traded corporation registered with the
9-16 Securities and Exchange Commission or the State Securities Board,
9-17 or a subsidiary or agent of the corporation;
9-18 (3) a person licensed under the Insurance Code, if the
9-19 solicited transaction is governed by the Insurance Code;
9-20 (4) a person soliciting the sale of a subscription to:
9-21 (A) a daily or weekly newspaper of general
9-22 circulation;
9-23 (B) a magazine or other periodical of general
9-24 circulation; or
9-25 (C) a cable television service;
9-26 (5) a supervised financial institution or parent,
9-27 subsidiary, or affiliate of a supervised financial institution;
9-28 (6) a person or affiliate of a person whose business
9-29 is regulated by the Railroad [Public Utility] Commission of Texas
9-30 under the Public Utility Regulatory Act of 1995 (Article 1446c-0,
9-31 Vernon's Texas Civil Statutes), except that this chapter applies to
9-32 a person or affiliate of a person who is regulated by the Railroad
9-33 [Public Utility] Commission of Texas only with respect to one or
9-34 more automated dial announcing devices;
9-35 (7) an educational institution or organization or a
9-36 nonprofit organization exempt from taxation under Section 501(c)(3)
9-37 of the Internal Revenue Code of 1986;
9-38 (8) a sale in which the purchaser is a business that
9-39 intends to:
9-40 (A) resell the item purchased; or
9-41 (B) use the item purchased in a recycling,
9-42 reuse, remanufacturing, or manufacturing process;
9-43 (9) a person soliciting the sale of food;
9-44 (10) a person who periodically issues and delivers
9-45 catalogs to potential purchasers if the catalog:
9-46 (A) includes a written description or
9-47 illustration and the sales price of each item offered for sale;
9-48 (B) includes at least 24 full pages of written
9-49 material or illustrations;
9-50 (C) is distributed in more than one state; and
9-51 (D) has an annual circulation of not less than
9-52 250,000 customers;
9-53 (11) the solicitation of contracts for the maintenance
9-54 or repair of items previously purchased from the person making the
9-55 solicitation or on whose behalf the solicitation is made;
9-56 (12) a person soliciting:
9-57 (A) without intent to complete or obtain
9-58 provisional acceptance of a sale during the telephone solicitation;
9-59 (B) who does not make the major sales
9-60 presentation during the telephone solicitation but arranges for the
9-61 major sales presentation to be made at a later face-to-face meeting
9-62 between the salesperson and the purchaser; and
9-63 (C) who does not cause an individual to go to
9-64 the prospective purchaser to collect payment for the purchase or to
9-65 deliver any item purchased directly following the telephone
9-66 solicitation;
9-67 (13) a person subject to the control or licensing
9-68 regulations of the Federal Communications Commission;
9-69 (14) a person selling:
10-1 (A) a contractual plan regulated by the Federal
10-2 Trade Commission trade regulation on use of negative option plans
10-3 by sellers in commerce under Title 16, Code of Federal Regulations,
10-4 Part 425; or
10-5 (B) merchandise under an arrangement in which
10-6 the seller periodically ships the merchandise to a consumer who has
10-7 consented in advance to receive the merchandise on a periodic
10-8 basis;
10-9 (15) a person:
10-10 (A) who provides telephone solicitation services
10-11 under contract to sellers;
10-12 (B) who has been operating continuously for at
10-13 least three years under the same business name; and
10-14 (C) for whom at least 75 percent of the person's
10-15 contracts are performed on behalf of other persons exempt under
10-16 this section;
10-17 (16) a person soliciting business from a former or
10-18 current customer if the person has operated under the exact same
10-19 business name for at least two years;
10-20 (17) a person engaging in a commercial telephone
10-21 solicitation that is an isolated transaction and not done in the
10-22 course of a pattern of repeated transactions of a like nature;
10-23 (18) a person who for at least two years has been
10-24 operating under the same name as that used in connection with its
10-25 telemarketing operations a retail establishment where consumer
10-26 goods are displayed and offered for sale on a continuing basis if a
10-27 majority of the person's business involves the buyers obtaining
10-28 services or products at the person's retail establishment;
10-29 (19) a person subject to the filing requirements of
10-30 Chapter 1054, Acts of the 70th Legislature, Regular Session, 1987
10-31 (Article 9023a, Vernon's Texas Civil Statutes), or any successor to
10-32 this statute; or
10-33 (20) a person soliciting a transaction regulated by
10-34 the Commodity Futures Trading Commission if the person is
10-35 registered or temporarily licensed for that activity with the
10-36 Commodity Futures Trading Commission under the Commodity Exchange
10-37 Act (7 U.S.C. Section 1 et seq.) and the registration or license
10-38 has not expired or been suspended or revoked.
10-39 SECTION 26. (a) The following provisions of the Public
10-40 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
10-41 Civil Statutes), are repealed:
10-42 (1) Section 1.021;
10-43 (2) Section 1.023;
10-44 (3) Section 1.024;
10-45 (4) Section 1.025;
10-46 (5) Section 1.026;
10-47 (6) Section 1.027;
10-48 (7) Section 1.028;
10-49 (8) Section 1.029;
10-50 (9) Section 1.030;
10-51 (10) Section 1.031;
10-52 (11) Section 1.032;
10-53 (12) Section 1.033;
10-54 (13) Section 1.035;
10-55 (14) Section 1.036;
10-56 (15) Section 1.037; and
10-57 (16) Section 1.323.
10-58 (b) Subsection (h), Section 12.013, Water Code, is repealed.
10-59 SECTION 27. It is the intention of the legislature that the
10-60 powers, duties, obligations, rights, contracts, records, employees,
10-61 property, funds, and appropriations of the Public Utility
10-62 Commission of Texas shall be transferred to the Railroad Commission
10-63 of Texas. The transfer shall take effect in phases such that the
10-64 Railroad Commission of Texas shall take regulatory jurisdiction
10-65 over public utilities effective March 1, 1998, and shall take
10-66 regulatory jurisdiction over telecommunications utilities effective
10-67 September 1, 1998. To that end:
10-68 (1) Sections 1, 10, 11, 16, 18, 19, 20, 21, 22, 24,
10-69 30, 31, and 32 of this Act take effect March 1, 1998, and apply to
11-1 a case filed or a proceeding initiated on or after that date;
11-2 (2) Sections 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15,
11-3 17, 23, 25, 26, and 29 of this Act take effect September 1, 1998,
11-4 and apply to a case filed or a proceeding initiated on or after
11-5 that date; and
11-6 (3) Section 28 of this Act takes effect immediately.
11-7 SECTION 28. (a) The Railroad Commission of Texas shall
11-8 administer the transfer of the powers, duties, obligations, rights,
11-9 contracts, records, employees, property, funds, and appropriations
11-10 from the Public Utility Commission of Texas to the Railroad
11-11 Commission of Texas. The Railroad Commission of Texas or its
11-12 designee or designees shall:
11-13 (1) determine the personnel, equipment, data,
11-14 facilities, unspent appropriations, and other items that will be
11-15 transferred under this Act and the schedule for the transfers; and
11-16 (2) ensure that the transfers do not adversely affect
11-17 a proceeding before the Public Utility Commission of Texas or the
11-18 rights of the parties to the proceeding.
11-19 (b) After the transfers have been completed, the Railroad
11-20 Commission of Texas or its designee or designees shall prepare a
11-21 written report detailing the specifics of the transfers and shall
11-22 submit the report to the governor and the legislature.
11-23 SECTION 29. On September 1, 1998:
11-24 (1) all remaining powers, duties, obligations, rights,
11-25 contracts, records, employees, property, funds, and unspent
11-26 appropriations are transferred from the Public Utility Commission
11-27 of Texas to the Railroad Commission of Texas;
11-28 (2) the Public Utility Commission of Texas is
11-29 abolished; and
11-30 (3) the terms of the commissioners of the Public
11-31 Utility Commission of Texas expire.
11-32 SECTION 30. All rules, policies, procedures, and decisions
11-33 of the Public Utility Commission of Texas relating to the
11-34 regulation of utilities under the Public Utility Regulatory Act of
11-35 1995 (Article 1446c-0, Vernon's Texas Civil Statutes) are continued
11-36 in effect as rules, policies, procedures, and decisions of the
11-37 Railroad Commission of Texas until superseded by a rule or other
11-38 appropriate action of the Railroad Commission of Texas. All rules,
11-39 policies, procedures, and decisions of the Public Utility
11-40 Commission of Texas relating to the management and day-to-day
11-41 operation of the Public Utility Commission of Texas are superseded
11-42 by the rules, policies, procedures, and decisions of the Railroad
11-43 Commission of Texas relating to the management and day-to-day
11-44 operation of the Railroad Commission of Texas on the transfer of
11-45 the respective powers, duties, obligations, rights, contracts,
11-46 records, employees, property, funds, and unspent appropriations
11-47 from the Public Utility Commission of Texas to the Railroad
11-48 Commission of Texas.
11-49 SECTION 31. The abolition of the Public Utility Commission
11-50 of Texas and the transfer of its powers and duties to the Railroad
11-51 Commission of Texas does not affect or impair an act done or
11-52 obligation, certificate, permit, rule, criterion, standard, or
11-53 requirement, or penalty accrued or existing under former law, and
11-54 that law remains in effect for that purpose.
11-55 SECTION 32. A reference in law to the Public Utility
11-56 Commission of Texas means the Railroad Commission of Texas, on and
11-57 after March 1, 1998, with respect to public utilities, and on and
11-58 after September 1, 1998, with respect to telecommunications
11-59 utilities.
11-60 SECTION 33. The importance of this legislation and the
11-61 crowded condition of the calendars in both houses create an
11-62 emergency and an imperative public necessity that the
11-63 constitutional rule requiring bills to be read on three several
11-64 days in each house be suspended, and this rule is hereby suspended.
11-65 * * * * *