By Siebert H.B. No. 603
76R622 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the abolition of the Public Utility Commission of Texas
1-3 and to the transfer of its powers and duties to the Railroad
1-4 Commission of Texas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 11.003(4) and (5), Utilities Code, are
1-7 amended to read as follows:
1-8 (4) "Commission" means the Railroad [Public Utility]
1-9 Commission of Texas.
1-10 (5) "Commissioner" means a member of the Railroad
1-11 [Public Utility] Commission of Texas.
1-12 SECTION 2. Section 12.001, Utilities Code, is amended to
1-13 read as follows:
1-14 Sec. 12.001. RAILROAD [PUBLIC UTILITY] COMMISSION OF TEXAS.
1-15 The Railroad [Public Utility] Commission of Texas exercises the
1-16 jurisdiction and powers conferred by this title.
1-17 SECTION 3. Sections 15.024(a), (b), (d), (e), and (f),
1-18 Utilities Code, are amended to read as follows:
1-19 (a) If the commission [executive director] determines that a
1-20 violation has occurred, the commission [executive director] may
1-21 issue [to the commission] a report that states the facts on which
1-22 the determination is based and the commission's [executive
1-23 director's] recommendation on the imposition of an administrative
1-24 penalty, including a recommendation on the amount of the penalty.
2-1 (b) Not later than the 14th day after the date the report is
2-2 issued, the commission [executive director] shall give written
2-3 notice of the report to the person against whom the penalty may be
2-4 assessed. The notice may be given by certified mail. The notice
2-5 must:
2-6 (1) include a brief summary of the alleged violation;
2-7 (2) state the amount of the recommended penalty; and
2-8 (3) inform the person that the person has a right to a
2-9 hearing on the occurrence of the violation, the amount of the
2-10 penalty, or both the occurrence of the violation and the amount of
2-11 the penalty.
2-12 (d) Not later than the 20th day after the date the person
2-13 receives the notice, the person may accept the determination and
2-14 recommended penalty of the commission [executive director] in
2-15 writing or may make a written request for a hearing on the
2-16 occurrence of the violation, the amount of the penalty, or both the
2-17 occurrence of the violation and the amount of the penalty.
2-18 (e) If the person accepts the commission's [executive
2-19 director's] determination and recommended penalty, the commission
2-20 by order shall approve the determination and impose the recommended
2-21 penalty.
2-22 (f) If the person requests a hearing or fails to timely
2-23 respond to the notice, the commission [executive director] shall
2-24 set a hearing and give notice of the hearing to the person. The
2-25 hearing shall be held by an administrative law judge of the State
2-26 Office of Administrative Hearings. The administrative law judge
2-27 shall make findings of fact and conclusions of law and promptly
3-1 issue to the commission a proposal for a decision about the
3-2 occurrence of the violation and the amount of a proposed penalty.
3-3 Based on the findings of fact, conclusions of law, and proposal for
3-4 a decision, the commission by order may find that a violation has
3-5 occurred and impose a penalty or may find that no violation
3-6 occurred.
3-7 SECTION 4. Sections 15.025(b), (c), and (d), Utilities Code,
3-8 are amended to read as follows:
3-9 (b) Not later than the 30th day after the date the
3-10 commission's order is final as provided by Section 2001.144,
3-11 Government Code, a person who acts under Subsection (a)(3) may:
3-12 (1) stay enforcement of the penalty by:
3-13 (A) paying the amount of the penalty to the
3-14 court for placement in an escrow account; or
3-15 (B) giving to the court a supersedeas bond that
3-16 is approved by the court for the amount of the penalty and that is
3-17 effective until all judicial review of the commission's order is
3-18 final; or
3-19 (2) request the court to stay enforcement of the
3-20 penalty by:
3-21 (A) filing with the court a sworn affidavit of
3-22 the person stating that the person is financially unable to pay the
3-23 amount of the penalty and is financially unable to give the
3-24 supersedeas bond; and
3-25 (B) giving a copy of the affidavit to the
3-26 commission [executive director] by certified mail.
3-27 (c) The commission [executive director], on receipt of a
4-1 copy of an affidavit under Subsection (b)(2), may file with the
4-2 court, not later than the fifth day after the date the copy is
4-3 received, a contest to the affidavit. The court shall hold a
4-4 hearing on the facts alleged in the affidavit as soon as
4-5 practicable and shall stay the enforcement of the penalty on
4-6 finding that the alleged facts are true. The person who files an
4-7 affidavit has the burden of proving that the person is financially
4-8 unable to pay the amount of the penalty and to give a supersedeas
4-9 bond.
4-10 (d) If the person does not pay the amount of the penalty and
4-11 the enforcement of the penalty is not stayed, the commission
4-12 [executive director] may refer the matter to the attorney general
4-13 for collection of the amount of the penalty.
4-14 SECTION 5. Section 15.027(c), Utilities Code, is amended to
4-15 read as follows:
4-16 (c) The commission [executive director] may delegate any
4-17 power or duty relating to an administrative penalty given the
4-18 commission [executive director] by this subchapter to a commission
4-19 employee [person] designated by the commission [executive
4-20 director].
4-21 SECTION 6. Section 163.123, Utilities Code, is amended to
4-22 read as follows:
4-23 Sec. 163.123. AUTHORITY OF RAILROAD [PUBLIC UTILITY]
4-24 COMMISSION. A joint powers agency created under this subchapter
4-25 is:
4-26 (1) subject to all applicable provisions of Title 2;
4-27 and
5-1 (2) under the jurisdiction of the Railroad [Public
5-2 Utility] Commission of Texas as provided by Title 2.
5-3 SECTION 7. Section 183.001(1), Utilities Code, is amended to
5-4 read as follows:
5-5 (1) "Commission" means the Railroad [Public Utility]
5-6 Commission of Texas.
5-7 SECTION 8. Section 184.001, Utilities Code, is amended to
5-8 read as follows:
5-9 Sec. 184.001. DEFINITION. In this chapter, "commission"
5-10 means the Railroad [Public Utility] Commission of Texas.
5-11 SECTION 9. Section 185.001(1), Utilities Code, is amended to
5-12 read as follows:
5-13 (1) "Commission" means the Railroad [Public Utility]
5-14 Commission of Texas.
5-15 SECTION 10. Section 104.003(a), Agriculture Code, is amended
5-16 to read as follows:
5-17 (a) This chapter does not apply to:
5-18 (1) an order or rule issued by the Railroad [Public
5-19 Utility] Commission of Texas; or
5-20 (2) an order or rule concerning the operation of
5-21 common carriers issued by the Interstate Commerce Commission.
5-22 SECTION 11. Section 38.053, Business & Commerce Code, is
5-23 amended to read as follows:
5-24 Sec. 38.053. PERSONS OR ITEMS REGULATED BY OTHER LAW. This
5-25 chapter does not apply to:
5-26 (1) a person offering or selling a security that has
5-27 been qualified for sale under Section 7, The Securities Act
6-1 (Article 581-7, Vernon's Texas Civil Statutes), or that is subject
6-2 to an exemption under Section 5 or 6 of that Act;
6-3 (2) a publicly traded corporation registered with the
6-4 Securities and Exchange Commission or the State Securities Board,
6-5 or a subsidiary or agent of the corporation;
6-6 (3) a person licensed under the Insurance Code if the
6-7 solicited transaction is governed by the Insurance Code;
6-8 (4) a supervised financial institution or parent,
6-9 subsidiary, or affiliate of a supervised financial institution;
6-10 (5) a person or affiliate of a person whose business
6-11 is regulated by the Railroad [Public Utility] Commission of Texas
6-12 under Title 2, Utilities Code, except that this chapter applies to
6-13 a person or affiliate of a person who is regulated by the Railroad
6-14 [Public Utility] Commission of Texas only with respect to one or
6-15 more automated dial announcing devices;
6-16 (6) a person subject to the control or licensing
6-17 regulations of the Federal Communications Commission;
6-18 (7) a person selling a contractual plan regulated by
6-19 the Federal Trade Commission trade regulation on use of negative
6-20 option plans by sellers in commerce under 16 C.F.R. Part 425;
6-21 (8) a person subject to the filing requirements of
6-22 Chapter 920, Acts of the 73rd Legislature, Regular Session, 1993
6-23 (Article 9023c, Vernon's Texas Civil Statutes); or
6-24 (9) a person soliciting a transaction regulated by the
6-25 Commodity Futures Trading Commission if the person is registered or
6-26 temporarily licensed for that activity with the Commodity Futures
6-27 Trading Commission under the Commodity Exchange Act (7 U.S.C.
7-1 Section 1 et seq.) and the registration or license has not expired
7-2 or been suspended or revoked.
7-3 SECTION 12. Section 1(7), Article 18.21, Code of Criminal
7-4 Procedure, is amended to read as follows:
7-5 (7) "Trap and trace device" means a device that
7-6 records an incoming electronic or other impulse that identifies the
7-7 originating number of an instrument or device from which a wire or
7-8 electronic communication was transmitted. The term does not
7-9 include a device or telecommunications network used in providing:
7-10 (A) a caller identification service authorized
7-11 by the Railroad [Public Utility] Commission of Texas under
7-12 Subchapter E, Chapter 55, Utilities Code [Section 3.302, Public
7-13 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
7-14 Civil Statutes)];
7-15 (B) the services referenced in Section
7-16 55.102(b), Utilities Code [3.302(g), Public Utility Regulatory Act
7-17 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes)]; or
7-18 (C) a caller identification service provided by
7-19 a commercial mobile radio service provider licensed by the Federal
7-20 Communications Commission.
7-21 SECTION 13. Section 88.215(b), Education Code, is amended to
7-22 read as follows:
7-23 (b) The advisory committee consists of 12 members appointed
7-24 as follows:
7-25 (1) one representative of Texas A & M University
7-26 appointed by the director of the Texas Agricultural Experiment
7-27 Station;
8-1 (2) one representative of Texas Tech University
8-2 appointed by the dean of the College of Agriculture of Texas Tech
8-3 University;
8-4 (3) one representative of The University of Texas
8-5 appointed by the vice president for research of The University of
8-6 Texas System;
8-7 (4) one representative of the Department of
8-8 Agriculture appointed by the commissioner of agriculture;
8-9 (5) one representative of the Parks and Wildlife
8-10 Department appointed by the director of the department;
8-11 (6) one representative of the Railroad [Public
8-12 Utility] Commission of Texas appointed by the [executive director
8-13 of the] commission;
8-14 (7) one representative of municipal governments
8-15 appointed by the governor;
8-16 (8) one representative of the general public appointed
8-17 by the governor;
8-18 (9) one representative of the agribusiness industry
8-19 appointed by the governor;
8-20 (10) one representative of the Texas Structural Pest
8-21 Control Board appointed by the executive director of the board;
8-22 (11) one representative of the chemical industry
8-23 appointed by the Texas Chemical Council; and
8-24 (12) one representative of the oil and gas industry
8-25 appointed by the Texas Mid-Continent Oil and Gas Association.
8-26 SECTION 14. Section 232.002, Family Code, is amended to read
8-27 as follows:
9-1 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
9-2 following state agencies are licensing authorities subject to this
9-3 chapter:
9-4 (1) Department of Agriculture;
9-5 (2) Texas Commission on Alcohol and Drug Abuse;
9-6 (3) Texas Alcoholic Beverage Commission;
9-7 (4) Texas Appraiser Licensing and Certification Board;
9-8 (5) Texas Board of Architectural Examiners;
9-9 (6) State Board of Barber Examiners;
9-10 (7) Texas Board of Chiropractic Examiners;
9-11 (8) Comptroller of Public Accounts;
9-12 (9) Texas Cosmetology Commission;
9-13 (10) Court Reporters Certification Board;
9-14 (11) State Board of Dental Examiners;
9-15 (12) Texas State Board of Examiners of Dietitians;
9-16 (13) Texas Funeral Service Commission;
9-17 (14) Texas Department of Health;
9-18 (15) Texas Department of Human Services;
9-19 (16) Texas Board of Professional Land Surveying;
9-20 (17) Texas Department of Licensing and Regulation;
9-21 (18) Texas State Board of Examiners of Marriage and
9-22 Family Therapists;
9-23 (19) Texas State Board of Medical Examiners;
9-24 (20) Midwifery Board;
9-25 (21) Texas Natural Resource Conservation Commission;
9-26 (22) Board of Nurse Examiners;
9-27 (23) Texas Board of Occupational Therapy Examiners;
10-1 (24) Texas Optometry Board;
10-2 (25) Parks and Wildlife Department;
10-3 (26) Texas State Board of Examiners of Perfusionists;
10-4 (27) Texas State Board of Pharmacy;
10-5 (28) Texas Board of Physical Therapy Examiners;
10-6 (29) Texas State Board of Plumbing Examiners;
10-7 (30) Texas State Board of Podiatric Medical Examiners;
10-8 (31) Polygraph Examiners Board;
10-9 (32) Texas Board of Private Investigators and Private
10-10 Security Agencies;
10-11 (33) Texas State Board of Examiners of Professional
10-12 Counselors;
10-13 (34) Texas [State] Board of [Registration for]
10-14 Professional Engineers;
10-15 (35) Department of Protective and Regulatory Services;
10-16 (36) Texas State Board of Examiners of Psychologists;
10-17 (37) Texas State Board of Public Accountancy;
10-18 (38) Department of Public Safety of the State of
10-19 Texas;
10-20 (39) [Public Utility Commission of Texas;
10-21 ((40)] Railroad Commission of Texas;
10-22 (40) [(41)] Texas Real Estate Commission;
10-23 (41) [(42)] State Bar of Texas;
10-24 (42) [(43)] Texas State Board of Social Worker
10-25 Examiners;
10-26 (43) [(44)] State Board of Examiners for Speech
10-27 [Speech-Language] Pathology and Audiology;
11-1 (44) [(45)] Texas Structural Pest Control Board;
11-2 (45) [(46)] Board of Tax Professional Examiners;
11-3 (46) [(47)] Secretary of State;
11-4 (47) [(48)] Supreme Court of Texas;
11-5 (48) [(49)] Texas Transportation Commission;
11-6 (49) [(50)] State Board of Veterinary Medical
11-7 Examiners;
11-8 (50) [(51)] Board of Vocational Nurse Examiners;
11-9 (51) [(52)] Texas Ethics Commission;
11-10 (52) [(53)] Advisory Board of Athletic Trainers;
11-11 (53) [(54)] State Committee of Examiners in the
11-12 Fitting and Dispensing of Hearing Instruments;
11-13 (54) [(55)] Texas Board of Licensure for Professional
11-14 Medical Physicists; [and]
11-15 (55) [(56)] Texas Department of Insurance; and [.]
11-16 (56) [(57)] Texas Board of Orthotics and Prosthetics.
11-17 SECTION 15. Sections 447.008(g) and (h), Government Code,
11-18 are amended to read as follows:
11-19 (g) The energy management center shall analyze the rates for
11-20 electricity charged to and the amount of electricity used by state
11-21 agencies and institutions of higher education to determine ways the
11-22 state could obtain lower rates and use less electricity. State
11-23 agencies, including the Railroad [Public Utility] Commission of
11-24 Texas, and institutions of higher education shall assist the energy
11-25 management center in obtaining the information the center requires
11-26 to perform its analysis.
11-27 (h) The energy management center and the attorney general
12-1 shall cooperate in monitoring efforts to deregulate the electric
12-2 utility industry and in reporting on the ways in which deregulation
12-3 would affect state government as a purchaser of electricity. The
12-4 energy management center, represented by the attorney general, may
12-5 intervene in proceedings before the Railroad [Public Utility]
12-6 Commission of Texas that are related to deregulating all or part of
12-7 the electric utility industry to represent the interests of state
12-8 government as a purchaser of electricity in those proceedings.
12-9 SECTION 16. Section 572.003(c), Government Code, is amended
12-10 to read as follows:
12-11 (c) The term means a member of:
12-12 (1) the [Public Utility Commission of Texas;]
12-13 [(2) the] Texas Department of Economic Development
12-14 [Commerce];
12-15 (2) [(3)] the Texas Natural Resource Conservation
12-16 Commission;
12-17 (3) [(4)] the Texas Alcoholic Beverage Commission;
12-18 (4) the [(5) The] Finance Commission of Texas;
12-19 (5) [(6)] the General Services Commission;
12-20 (6) [(7)] the Texas Board of Criminal Justice;
12-21 (7) [(8)] the board of trustees of the Employees
12-22 Retirement System of Texas;
12-23 (8) [(9)] the Texas Transportation Commission;
12-24 (9) [(10)] the Texas Workers' Compensation Commission;
12-25 (10) [(11)] the Texas Department [State Board] of
12-26 Insurance;
12-27 (11) [(12)] the Parks and Wildlife Commission;
13-1 (12) [(13)] the Public Safety Commission;
13-2 (13) [(14)] the Texas Ethics Commission;
13-3 (14) [(15)] the State Securities Board;
13-4 (15) [(16)] the Texas Water Development Board;
13-5 (16) [(17)] the governing board of a public senior
13-6 college or university as defined by Section 61.003, Education Code,
13-7 or of The University of Texas Southwestern Medical Center at
13-8 Dallas, The University of Texas Medical Branch at Galveston, The
13-9 University of Texas Health Science Center at Houston, The
13-10 University of Texas Health Science Center at San Antonio, The
13-11 University of Texas System Cancer Center, The University of Texas
13-12 Health Science Center at Tyler, University of North Texas Health
13-13 Science Center at Fort Worth, Texas Tech University Health Sciences
13-14 Center, Texas State Technical College--Amarillo, Texas State
13-15 Technical College--Harlingen, Texas State Technical
13-16 College--Sweetwater, or Texas State Technical College--Waco;
13-17 (17) [(18)] the Texas Higher Education Coordinating
13-18 Board;
13-19 (18) [(19)] the Texas Workforce [Employment]
13-20 Commission;
13-21 (19) [(20) the State Banking Board;]
13-22 [(21)] the board of trustees of the Teacher Retirement
13-23 System of Texas;
13-24 (20) [(22)] the Credit Union Commission;
13-25 (21) [(23)] the School Land Board;
13-26 (22) [(24)] the board of the Texas Department of
13-27 Housing and Community Affairs;
14-1 (23) [(25)] the Texas Racing Commission;
14-2 (24) [(26)] the State Board of Dental Examiners;
14-3 (25) [(27)] the Texas Board of [Licensure for] Nursing
14-4 Facility [Home] Administrators;
14-5 (26) [(28)] the Texas State Board of Medical
14-6 Examiners;
14-7 (27) [(29)] the Board of Pardons and Paroles;
14-8 (28) [(30)] the Texas State Board of Pharmacy;
14-9 (29) [(31)] the Department of Information Resources
14-10 governing board;
14-11 (30) [(32)] the Motor Vehicle Board;
14-12 (31) [(33)] the Texas Real Estate Commission;
14-13 (32) [(34)] the board of directors of the State Bar of
14-14 Texas;
14-15 (33) [(35)] the bond review board;
14-16 (34) [(36)] the Texas Board of Health;
14-17 (35) [(37)] the Texas Board of Mental Health and
14-18 Mental Retardation;
14-19 (36) [(38)] the Texas Board on Aging;
14-20 (37) [(39)] the Texas Board of Human Services;
14-21 (38) [(40)] the Texas Funeral Service Commission;
14-22 (39) [(41)] the board of directors of a river
14-23 authority created under the Texas Constitution or a statute of this
14-24 state; or
14-25 (40) [(42)] the Texas Lottery Commission.
14-26 SECTION 17. Section 2003.0421(c), Government Code, is
14-27 amended to read as follows:
15-1 (c) This section applies to any contested case hearing
15-2 conducted by the office, except hearings conducted on behalf of the
15-3 Texas Natural Resource Conservation Commission or the Railroad
15-4 [Public Utility] Commission of Texas which are governed by Sections
15-5 2003.047 and 2003.049.
15-6 SECTION 18. Sections 2003.049(a), (b), and (c), Government
15-7 Code, are amended to read as follows:
15-8 (a) The office shall establish a utility division to perform
15-9 the contested case hearings for the Railroad [Public Utility]
15-10 Commission of Texas that arise under Title 2, Utilities Code, or
15-11 other law applicable to the regulation of a public utility, as
15-12 that term is defined by Section 11.004, Utilities Code [as
15-13 prescribed by the Public Utility Regulatory Act of 1995 and other
15-14 applicable law].
15-15 (b) The utility division shall conduct hearings relating to
15-16 contested cases arising under Title 2, Utilities Code, or other
15-17 applicable law, that are pending before the commission, other than
15-18 a hearing conducted by one or more commissioners. The commission
15-19 by rule may delegate the responsibility to hear any other matter
15-20 before the commission if consistent with the duties and
15-21 responsibilities of the division.
15-22 (c) Only an administrative law judge in the utility division
15-23 may conduct a hearing in a contested case arising under Title 2,
15-24 Utilities Code, or other applicable law, on behalf of the
15-25 commission. An administrative law judge in the utility division
15-26 may conduct hearings for other state agencies as time allows. The
15-27 office may transfer an administrative law judge into the division
16-1 on a temporary or permanent basis and may contract with qualified
16-2 individuals to serve as temporary administrative law judges as
16-3 necessary.
16-4 SECTION 19. Section 2007.003(b), Government Code, is amended
16-5 to read as follows:
16-6 (b) This chapter does not apply to the following
16-7 governmental actions:
16-8 (1) an action by a municipality except as provided by
16-9 Subsection (a)(3);
16-10 (2) a lawful forfeiture or seizure of contraband as
16-11 defined by Article 59.01, Code of Criminal Procedure;
16-12 (3) a lawful seizure of property as evidence of a
16-13 crime or violation of law;
16-14 (4) an action, including an action of a political
16-15 subdivision, that is reasonably taken to fulfill an obligation
16-16 mandated by federal law or an action of a political subdivision
16-17 that is reasonably taken to fulfill an obligation mandated by state
16-18 law;
16-19 (5) the discontinuance or modification of a program or
16-20 regulation that provides a unilateral expectation that does not
16-21 rise to the level of a recognized interest in private real
16-22 property;
16-23 (6) an action taken to prohibit or restrict a
16-24 condition or use of private real property if the governmental
16-25 entity proves that the condition or use constitutes a public or
16-26 private nuisance as defined by background principles of nuisance
16-27 and property law of this state;
17-1 (7) an action taken out of a reasonable good faith
17-2 belief that the action is necessary to prevent a grave and
17-3 immediate threat to life or property;
17-4 (8) a formal exercise of the power of eminent domain;
17-5 (9) an action taken under a state mandate to prevent
17-6 waste of oil and gas, protect correlative rights of owners of
17-7 interests in oil or gas, or prevent pollution related to oil and
17-8 gas activities;
17-9 (10) a rule or proclamation adopted for the purpose of
17-10 regulating water safety, hunting, fishing, or control of
17-11 nonindigenous or exotic aquatic resources;
17-12 (11) an action taken by a political subdivision:
17-13 (A) to regulate construction in an area
17-14 designated under law as a floodplain;
17-15 (B) to regulate on-site sewage facilities;
17-16 (C) under the political subdivisions's statutory
17-17 authority to prevent waste or protect rights of owners of interest
17-18 in groundwater; or
17-19 (D) to prevent subsidence;
17-20 (12) the appraisal of property for purposes of ad
17-21 valorem taxation;
17-22 (13) an action that:
17-23 (A) is taken in response to a real and
17-24 substantial threat to public health and safety;
17-25 (B) is designed to significantly advance the
17-26 health and safety purpose; and
17-27 (C) does not impose a greater burden than is
18-1 necessary to achieve the health and safety purpose; or
18-2 (14) an action or rulemaking undertaken by the
18-3 Railroad [Public Utility] Commission of Texas to order or require
18-4 the location or placement of telecommunications equipment owned by
18-5 another party on the premises of a certificated local exchange
18-6 company.
18-7 SECTION 20. Section 2302.001(2), Government Code, is amended
18-8 to read as follows:
18-9 (2) "Commission" means the Railroad [Public Utility]
18-10 Commission of Texas.
18-11 SECTION 21. Section 2302.002, Government Code, is amended to
18-12 read as follows:
18-13 Sec. 2302.002. COMPOSITION OF COUNCIL. The council is
18-14 composed of:
18-15 (1) one representative with knowledge of cogeneration
18-16 from each of the following agencies, appointed by and serving at
18-17 the pleasure of the agency's presiding officer:
18-18 (A) the commission;
18-19 (B) [the Railroad Commission of Texas;]
18-20 [(C)] the General Services Commission; and
18-21 (C) [(D)] the Texas Natural Resource
18-22 Conservation Commission;
18-23 (2) one representative of the office of the attorney
18-24 general, appointed by the attorney general; and
18-25 (3) one representative of higher education, appointed
18-26 by the governor.
18-27 SECTION 22. Sections 771.001(5) and (11), Health and Safety
19-1 Code, are amended to read as follows:
19-2 (5) "Local exchange service provider" means a
19-3 telecommunications carrier providing telecommunications service in
19-4 a local exchange service area under a certificate of public
19-5 convenience and necessity issued by the Railroad [Public Utility]
19-6 Commission of Texas.
19-7 (11) "Business service" means a telecommunications
19-8 service classified as a business service under rules adopted by the
19-9 Railroad [Public Utility] Commission of Texas or under the
19-10 applicable tariffs of the principal service supplier.
19-11 SECTION 23. Section 771.0725, Health and Safety Code, is
19-12 amended to read as follows:
19-13 Sec. 771.0725. ESTABLISHMENT OF RATES FOR FEES. (a)
19-14 Subject to the applicable limitations prescribed by Sections
19-15 771.071(b) and 771.072(b), (d), and (e), the Railroad [Public
19-16 Utility] Commission of Texas shall monitor the establishment of:
19-17 (1) emergency service fees imposed under Section
19-18 771.071; and
19-19 (2) the equalization surcharge imposed under Section
19-20 771.072, including the allocation of revenue under Sections
19-21 771.072(d) and (e).
19-22 (b) Each year the advisory commission shall provide
19-23 documentation to the Railroad [Public Utility] Commission of Texas
19-24 regarding the rate at which each fee should be imposed and the
19-25 allocation of revenue under Sections 771.072(d) and (e). The
19-26 advisory commission may provide such documentation more often under
19-27 this subsection if the advisory commission determines that action
20-1 is necessary.
20-2 (c) The Railroad [Public Utility] Commission of Texas shall
20-3 review the documentation provided by the advisory commission as
20-4 well as allocations derived therefrom and also identified by the
20-5 advisory commission. If the Railroad [Public Utility] Commission
20-6 of Texas determines that a recommended rate or allocation is not
20-7 appropriate, the Railroad [Public Utility] Commission of Texas
20-8 shall provide comments to the advisory commission, the governor,
20-9 and the Legislative Budget Board regarding appropriate rates and
20-10 the basis for that determination.
20-11 (d) The Railroad [Public Utility] Commission of Texas may
20-12 review and make comments regarding a rate or allocation under this
20-13 section in an informal proceeding. A proceeding in which a rate or
20-14 allocation is reviewed is not a contested case for purposes of
20-15 Chapter 2001, Government Code. A review of a rate or allocation is
20-16 not a rate change for purposes of Chapter 36 or 53, Utilities Code
20-17 [Subtitle E, Title II, or Subtitle E, Title III, Public Utility
20-18 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
20-19 Statutes)].
20-20 SECTION 24. Section 771.076(c), Health and Safety Code, is
20-21 amended to read as follows:
20-22 (c) At the request of the Railroad [Public Utility]
20-23 Commission of Texas, the state auditor may audit a regional
20-24 planning commission or other public agency designated by the
20-25 regional planning commission that receives money under this
20-26 subchapter.
20-27 SECTION 25. Section 772.001(21), Health and Safety Code, is
21-1 amended to read as follows:
21-2 (21) "Business service" means a telecommunications
21-3 service classified as a business service under rules adopted by the
21-4 Railroad [Public Utility] Commission of Texas or under the
21-5 applicable tariffs of the principal service supplier.
21-6 SECTION 26. Section 33.2053(c), Natural Resources Code, is
21-7 amended to read as follows:
21-8 (c) The Railroad Commission of Texas shall comply with
21-9 Sections 33.205(a) and (b) when issuing:
21-10 (1) a wastewater discharge permit;
21-11 (2) a waste disposal or storage pit permit; [or]
21-12 (3) a certification of a federal permit for the
21-13 discharge of dredge or fill material; or
21-14 (4) a certificate of convenience and necessity under
21-15 Title 2, Utilities Code.
21-16 SECTION 27. Section 28.03(d), Penal Code, is amended to read
21-17 as follows:
21-18 (d) The term "public communication, public transportation,
21-19 public water, gas, or power supply, or other public service" shall
21-20 mean, refer to, and include any such services subject to regulation
21-21 by the [Public Utility Commission of Texas, the] Railroad
21-22 Commission of Texas[,] or the Texas Natural Resource Conservation
21-23 Commission or any such services enfranchised by the State of Texas
21-24 or any political subdivision thereof.
21-25 SECTION 28. Section 92.008(c), Property Code, is amended to
21-26 read as follows:
21-27 (c) A landlord may interrupt or cause the interruption of
22-1 electrical service furnished to a tenant by the landlord as an
22-2 incident of the tenancy or by other agreement if:
22-3 (1) the electrical service furnished to the tenant is
22-4 individually metered or submetered for the dwelling unit;
22-5 (2) the electrical service connection with the utility
22-6 company is in the name of the landlord or the landlord's agent; and
22-7 (3) the landlord complies with the rules adopted by
22-8 the Railroad [Public Utility] Commission of Texas for
22-9 discontinuance of submetered electrical service.
22-10 SECTION 29. Section 22.23(b), Tax Code, is amended to read
22-11 as follows:
22-12 (b) For good cause shown in writing by the property owner,
22-13 the chief appraiser may extend a deadline for filing a rendition
22-14 statement or property report by written order to a date not later
22-15 than April 30. However, if the property that is the subject of the
22-16 rendition is regulated by the [Public Utility Commission of Texas
22-17 or the] Railroad Commission of Texas, the chief appraiser, upon
22-18 written request by the property owner, shall extend the filing
22-19 deadline until April 30, and may further extend the deadline an
22-20 additional 15 days upon good cause shown in writing by the property
22-21 owner.
22-22 SECTION 30. Section 301.004(c), Tax Code, is amended to read
22-23 as follows:
22-24 (c) In this section, "telephone company" means a person who
22-25 owns or operates a telephone line or a telephone network in this
22-26 state, charges for its use, and is regulated by the Railroad
22-27 [Public Utility] Commission of Texas as a certificated provider of
23-1 local exchange telephone service.
23-2 SECTION 31. Section 452.065(b), Transportation Code, is
23-3 amended to read as follows:
23-4 (b) The parties to a contract made under Subsection (a)(3)
23-5 may fulfill the terms of the contract notwithstanding any order or
23-6 rule of the Railroad [Public Utility] Commission of Texas with
23-7 respect to certification, except that any supply of power or energy
23-8 by one utility into the service area of another utility must be
23-9 provided over transmission or distribution lines owned by the
23-10 authority.
23-11 SECTION 32. Section 12.013(h), Water Code, is amended to
23-12 read as follows:
23-13 (h) Nothing herein contained shall affect the jurisdiction
23-14 of the Railroad [Public Utility] Commission of Texas.
23-15 SECTION 33. Section 4B(f), Chapter 245, Acts of the 67th
23-16 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
23-17 Civil Statutes), is amended to read as follows:
23-18 (f) This section does not in any way limit the authority of
23-19 the Railroad [Public Utility] Commission of Texas to determine the
23-20 recoverability of cost from rate payers.
23-21 SECTION 34. Section 1.01(4), Chapter 793, Acts of the 73rd
23-22 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
23-23 Texas Civil Statutes), is amended to read as follows:
23-24 (4) "State agency" in this chapter means a department,
23-25 commission, board, office, council, or other agency in the
23-26 executive or judicial branch of state government that is created by
23-27 the constitution, a statute of this state, or executive order
24-1 dealing with or involved in energy-related research and
24-2 development, including but not limited to:
24-3 (1) the Railroad Commission of Texas;
24-4 (2) [the Public Utility Commission of Texas;]
24-5 [(3)] the General Land Office;
24-6 (3) [(4)] the state energy conservation office, a
24-7 division of the General Services Commission;
24-8 (4) [(5)] the Texas Higher Education Coordinating
24-9 Board;
24-10 (5) [(6)] the Texas Science and Technology Council;
24-11 and
24-12 (6) [(7)] Texas river authorities.
24-13 SECTION 35. The following are repealed:
24-14 (1) Sections 12.002 through 12.203, Utilities Code;
24-15 (2) Section 15.029, Utilities Code; and
24-16 (3) Section 33.2053(b), Natural Resources Code.
24-17 SECTION 36. (a) It is the intent of the legislature that
24-18 the powers, duties, obligations, rights, contracts, records,
24-19 employees, property, funds, and appropriations of the Public
24-20 Utility Commission of Texas be transferred to the Railroad
24-21 Commission of Texas on March 1, 2000.
24-22 (b) The Railroad Commission of Texas shall administer the
24-23 transfer described by Subsection (a) of this section.
24-24 (c) The Railroad Commission of Texas or its designee shall
24-25 ensure that the transfer described by Subsection (a) of this
24-26 section does not adversely affect a proceeding pending before the
24-27 Public Utility Commission of Texas or the rights of the parties to
25-1 the proceeding.
25-2 (d) After the transfer has been completed, the Railroad
25-3 Commission of Texas or its designee shall prepare a written report
25-4 detailing the specifics of the transfer described by Subsection (a)
25-5 of this section and shall submit the report to the governor and the
25-6 legislature.
25-7 SECTION 37. On March 1, 2000:
25-8 (1) all powers, duties, functions, programs, and
25-9 activities of the Public Utility Commission of Texas are
25-10 transferred to the Railroad Commission of Texas;
25-11 (2) all obligations, rights, contracts, records, and
25-12 property in the custody of the Public Utility Commission of Texas
25-13 and all funds appropriated by the legislature to the Public Utility
25-14 Commission of Texas are transferred to the Railroad Commission of
25-15 Texas;
25-16 (3) all employees of the Public Utility Commission of
25-17 Texas become employees of the Railroad Commission of Texas, to be
25-18 assigned duties by the Railroad Commission of Texas;
25-19 (4) the Public Utility Commission of Texas is
25-20 abolished; and
25-21 (5) a reference in law to the Public Utility
25-22 Commission of Texas means the Railroad Commission of Texas.
25-23 SECTION 38. (a) On March 1, 2000, a rule, policy,
25-24 procedure, decision, or form adopted by the Public Utility
25-25 Commission of Texas that relates to the regulation of the electric
25-26 or telecommunications industries is a rule, policy, procedure,
25-27 decision, or form of the Railroad Commission of Texas and remains
26-1 in effect until altered by the Railroad Commission of Texas. The
26-2 secretary of state may adopt rules as necessary to expedite the
26-3 implementation of this subsection.
26-4 (b) On March 1, 2000, a rule, policy, procedure, decision,
26-5 or form of the Public Utility Commission of Texas that relates to
26-6 the management and daily operation of the Public Utility Commission
26-7 of Texas is superseded by the rules, policies, procedures,
26-8 decisions, and forms of the Railroad Commission of Texas relating
26-9 to the management and daily operation of the Railroad Commission of
26-10 Texas.
26-11 SECTION 39. (a) The abolition of the Public Utility
26-12 Commission of Texas and the transfer of its powers, duties,
26-13 functions, programs, activities, obligations, rights, contracts,
26-14 records, property, funds, and employees to the Railroad Commission
26-15 of Texas does not affect or impair an act done, any obligation,
26-16 right, order, permit, certificate, rule, criterion, standard, or
26-17 requirement existing, any investigation begun, or any penalty
26-18 accrued under former law and that law remains in effect for any
26-19 action concerning those matters.
26-20 (b) An action brought or proceeding commenced before the
26-21 effective date of a transfer prescribed by this Act, including a
26-22 contested case or a remand of an action or proceeding by a
26-23 reviewing court, is governed by the laws and rules applicable to
26-24 the action or proceeding before the transfer.
26-25 SECTION 40. This Act takes effect on March 1, 2000, except
26-26 that Section 36 of this Act takes effect on the earliest date on
26-27 which it may take effect under Section 39, Article III, Texas
27-1 Constitution.
27-2 SECTION 41. The importance of this legislation and the
27-3 crowded condition of the calendars in both houses create an
27-4 emergency and an imperative public necessity that the
27-5 constitutional rule requiring bills to be read on three several
27-6 days in each house be suspended, and this rule is hereby suspended,
27-7 and that this Act take effect and be in force according to its
27-8 terms, and it is so enacted.