By: Cain S.B. No. 1459
99S0728/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the abolishment of the Public Utility Commission of
1-2 Texas and 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. Subdivisions (4) and (5), Section 11.003,
1-6 Utilities Code, are amended to read as follows:
1-7 (4) "Commission" means the Railroad [Public Utility]
1-8 Commission of Texas.
1-9 (5) "Commissioner" means a member of the Railroad
1-10 [Public Utility] Commission of Texas.
1-11 SECTION 2. Section 12.001, Utilities Code, is amended to
1-12 read as follows:
1-13 Sec. 12.001. RAILROAD [PUBLIC UTILITY] COMMISSION OF TEXAS.
1-14 The Railroad [Public Utility] Commission of Texas exercises the
1-15 jurisdiction and powers conferred by this title.
1-16 SECTION 3. Subsections (a), (b), (d), (e), and (f), Section
1-17 15.024, Utilities Code, are amended to read as follows:
1-18 (a) If the commission [executive director] determines that a
1-19 violation has occurred, the commission [executive director] may
1-20 issue [to the commission] a report that states the facts on which
1-21 the determination is based and the commission's proposed [executive
1-22 director's recommendation on the imposition of an] administrative
1-23 penalty, including [a recommendation on] the amount of the penalty.
1-24 (b) Not later than the 14th day after the date the report is
2-1 issued, the commission [executive director] shall give written
2-2 notice of the report to the person against whom the penalty may be
2-3 assessed. The notice may be given by certified mail. The notice
2-4 must:
2-5 (1) include a brief summary of the alleged violation;
2-6 (2) state the amount of the proposed [recommended]
2-7 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 proposed [recommended] penalty of the commission [executive
2-15 director] in writing or may make a written request for a hearing on
2-16 the occurrence of the violation, the amount of the penalty, or both
2-17 the 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 proposed [recommended] penalty, the
2-20 commission by order shall approve the determination and impose the
2-21 proposed [recommended] 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
3-1 shall make findings of fact and conclusions of law and promptly
3-2 issue to the commission a proposal for a decision about the
3-3 occurrence of the violation and the amount of a proposed penalty.
3-4 Based on the findings of fact, conclusions of law, and proposal for
3-5 a decision, the commission by order may find that a violation has
3-6 occurred and impose a penalty or may find that no violation
3-7 occurred.
3-8 SECTION 4. Subsections (b), (c), and (d), Section 15.025,
3-9 Utilities Code, are amended to read as follows:
3-10 (b) Not later than the 30th day after the date the
3-11 commission's order is final as provided by Section 2001.144,
3-12 Government Code, a person who acts under Subsection (a)(3) may:
3-13 (1) stay enforcement of the penalty by:
3-14 (A) paying the amount of the penalty to the
3-15 court for placement in an escrow account; or
3-16 (B) giving to the court a supersedeas bond that
3-17 is approved by the court for the amount of the penalty and that is
3-18 effective until all judicial review of the commission's order is
3-19 final; or
3-20 (2) request the court to stay enforcement of the
3-21 penalty by:
3-22 (A) filing with the court a sworn affidavit of
3-23 the person stating that the person is financially unable to pay the
3-24 amount of the penalty and is financially unable to give the
3-25 supersedeas bond; and
3-26 (B) giving a copy of the affidavit to the
4-1 commission [executive director] by certified mail.
4-2 (c) The commission [executive director], on receipt of a
4-3 copy of an affidavit under Subsection (b)(2), may file with the
4-4 court, not later than the fifth day after the date the copy is
4-5 received, a contest to the affidavit. The court shall hold a
4-6 hearing on the facts alleged in the affidavit as soon as
4-7 practicable and shall stay the enforcement of the penalty on
4-8 finding that the alleged facts are true. The person who files an
4-9 affidavit has the burden of proving that the person is financially
4-10 unable to pay the amount of the penalty and to give a supersedeas
4-11 bond.
4-12 (d) If the person does not pay the amount of the penalty and
4-13 the enforcement of the penalty is not stayed, the commission
4-14 [executive director] may refer the matter to the attorney general
4-15 for collection of the amount of the penalty.
4-16 SECTION 5. Subsection (c), Section 15.027, Utilities Code,
4-17 is amended to read as follows:
4-18 (c) The commission [executive director] may delegate any
4-19 power or duty relating to an administrative penalty given the
4-20 commission [executive director] by this subchapter to a person
4-21 designated by the commission [executive director].
4-22 SECTION 6. Section 163.123, Utilities Code, is amended to
4-23 read as follows:
4-24 Sec. 163.123. AUTHORITY OF RAILROAD [PUBLIC UTILITY]
4-25 COMMISSION. A joint powers agency created under this subchapter
4-26 is:
5-1 (1) subject to all applicable provisions of Title 2;
5-2 and
5-3 (2) under the jurisdiction of the Railroad [Public
5-4 Utility] Commission of Texas as provided by Title 2.
5-5 SECTION 7. Subdivision (1), Section 183.001, Utilities Code,
5-6 is amended to read as follows:
5-7 (1) "Commission" means the Railroad [Public Utility]
5-8 Commission of Texas.
5-9 SECTION 8. Section 184.001, Utilities Code, is amended to
5-10 read as follows:
5-11 Sec. 184.001. DEFINITION. In this chapter, "commission"
5-12 means the Railroad [Public Utility] Commission of Texas.
5-13 SECTION 9. Subdivision (1), Section 185.001, Public
5-14 Utilities Code, is amended to read as follows:
5-15 (1) "Commission" means the Railroad [Public Utility]
5-16 Commission of Texas.
5-17 SECTION 10. Subsection (a), Section 104.003, Agriculture
5-18 Code, is amended to read as follows:
5-19 (a) This chapter does not apply to:
5-20 (1) an order or rule issued by the Railroad [Public
5-21 Utility] Commission of Texas; or
5-22 (2) an order or rule concerning the operation of
5-23 common carriers issued by the Interstate Commerce Commission.
5-24 SECTION 11. Section 38.053, Business & Commerce Code, is
5-25 amended to read as follows:
5-26 Sec. 38.053. PERSONS OR ITEMS REGULATED BY OTHER LAW. This
6-1 chapter does not apply to:
6-2 (1) a person offering or selling a security that has
6-3 been qualified for sale under Section 7, The Securities Act
6-4 (Article 581-7, Vernon's Texas Civil Statutes), or that is subject
6-5 to an exemption under Section 5 or 6 of that Act;
6-6 (2) a publicly traded corporation registered with the
6-7 Securities and Exchange Commission or the State Securities Board,
6-8 or a subsidiary or agent of the corporation;
6-9 (3) a person licensed under the Insurance Code if the
6-10 solicited transaction is governed by the Insurance Code;
6-11 (4) a supervised financial institution or parent,
6-12 subsidiary, or affiliate of a supervised financial institution;
6-13 (5) a person or affiliate of a person whose business
6-14 is regulated by the Railroad [Public Utility] Commission of Texas,
6-15 except that this chapter applies to a person or affiliate of a
6-16 person who is regulated by the Railroad [Public Utility] Commission
6-17 of Texas only with respect to one or more automated dial announcing
6-18 devices;
6-19 (6) a person subject to the control or licensing
6-20 regulations of the Federal Communications Commission;
6-21 (7) a person selling a contractual plan regulated by
6-22 the Federal Trade Commission trade regulation on use of negative
6-23 option plans by sellers in commerce under 16 C.F.R. Part 425;
6-24 (8) a person subject to the filing requirements of
6-25 Chapter 920, Acts of the 73rd Legislature, Regular Session, 1993
6-26 (Article 9023c, Vernon's Texas Civil Statutes); or
7-1 (9) a person soliciting a transaction regulated by the
7-2 Commodity Futures Trading Commission if the person is registered or
7-3 temporarily licensed for that activity with the Commodity Futures
7-4 Trading Commission under the Commodity Exchange Act (7 U.S.C.
7-5 Section 1 et seq.) and the registration or license has not expired
7-6 or been suspended or revoked.
7-7 SECTION 12. Subdivision (7), Section 1, Article 18.21, Code
7-8 of Criminal Procedure, is amended to read as follows:
7-9 (7) "Trap and trace device" means a device that
7-10 records an incoming electronic or other impulse that identifies the
7-11 originating number of an instrument or device from which a wire or
7-12 electronic communication was transmitted. The term does not
7-13 include a device or telecommunications network used in providing:
7-14 (A) a caller identification service authorized
7-15 by the Railroad [Public Utility] Commission of Texas under
7-16 Subchapter E, Chapter 55, Utilities Code [Section 3.302, Public
7-17 Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas
7-18 Civil Statutes)];
7-19 (B) the services referenced in Section 55.102,
7-20 Utilities Code [3.302(g), Public Utility Regulatory Act of 1995
7-21 (Article 1446c-0, Vernon's Texas Civil Statutes)]; or
7-22 (C) a caller identification service provided by
7-23 a commercial mobile radio service provider licensed by the Federal
7-24 Communications Commission.
7-25 SECTION 13. Subsection (b), Section 88.215, Education Code,
7-26 is amended to read as follows:
8-1 (b) The advisory committee consists of 12 members appointed
8-2 as follows:
8-3 (1) one representative of Texas A&M University
8-4 appointed by the director of the Texas Agricultural Experiment
8-5 Station;
8-6 (2) one representative of Texas Tech University
8-7 appointed by the dean of the College of Agriculture of Texas Tech
8-8 University;
8-9 (3) one representative of The University of Texas
8-10 appointed by the vice president for research of The University of
8-11 Texas System;
8-12 (4) one representative of the Department of
8-13 Agriculture appointed by the commissioner of agriculture;
8-14 (5) one representative of the Parks and Wildlife
8-15 Department appointed by the director of the department;
8-16 (6) one representative of the Railroad [Public
8-17 Utility] Commission of Texas appointed by the [executive director
8-18 of the] commission;
8-19 (7) one representative of municipal governments
8-20 appointed by the governor;
8-21 (8) one representative of the general public appointed
8-22 by the governor;
8-23 (9) one representative of the agribusiness industry
8-24 appointed by the governor;
8-25 (10) one representative of the Texas Structural Pest
8-26 Control Board appointed by the executive director of the board;
9-1 (11) one representative of the chemical industry
9-2 appointed by the Texas Chemical Council; and
9-3 (12) one representative of the oil and gas industry
9-4 appointed by the Texas Mid-Continent Oil and Gas Association.
9-5 SECTION 14. Section 232.002, Family Code, is amended to read
9-6 as follows:
9-7 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
9-8 following state agencies are licensing authorities subject to this
9-9 chapter:
9-10 (1) Department of Agriculture;
9-11 (2) Texas Commission on Alcohol and Drug Abuse;
9-12 (3) Texas Alcoholic Beverage Commission;
9-13 (4) Texas Appraiser Licensing and Certification Board;
9-14 (5) Texas Board of Architectural Examiners;
9-15 (6) State Board of Barber Examiners;
9-16 (7) Texas Board of Chiropractic Examiners;
9-17 (8) Comptroller of Public Accounts;
9-18 (9) Texas Cosmetology Commission;
9-19 (10) Court Reporters Certification Board;
9-20 (11) State Board of Dental Examiners;
9-21 (12) Texas State Board of Examiners of Dietitians;
9-22 (13) Texas Funeral Service Commission;
9-23 (14) Texas Department of Health;
9-24 (15) Texas Department of Human Services;
9-25 (16) Texas Board of Professional Land Surveying;
9-26 (17) Texas Department of Licensing and Regulation;
10-1 (18) Texas State Board of Examiners of Marriage and
10-2 Family Therapists;
10-3 (19) Texas State Board of Medical Examiners;
10-4 (20) Midwifery Board;
10-5 (21) Texas Natural Resource Conservation Commission;
10-6 (22) Board of Nurse Examiners;
10-7 (23) Texas Board of Occupational Therapy Examiners;
10-8 (24) Texas Optometry Board;
10-9 (25) Parks and Wildlife Department;
10-10 (26) Texas State Board of Examiners of Perfusionists;
10-11 (27) Texas State Board of Pharmacy;
10-12 (28) Texas Board of Physical Therapy Examiners;
10-13 (29) Texas State Board of Plumbing Examiners;
10-14 (30) Texas State Board of Podiatric Medical Examiners;
10-15 (31) Polygraph Examiners Board;
10-16 (32) Texas Board of Private Investigators and Private
10-17 Security Agencies;
10-18 (33) Texas State Board of Examiners of Professional
10-19 Counselors;
10-20 (34) State Board of Registration for Professional
10-21 Engineers;
10-22 (35) Department of Protective and Regulatory Services;
10-23 (36) Texas State Board of Examiners of Psychologists;
10-24 (37) Texas State Board of Public Accountancy;
10-25 (38) Department of Public Safety of the State of
10-26 Texas;
11-1 (39) [Public Utility Commission of Texas;]
11-2 [(40)] Railroad Commission of Texas;
11-3 (40) [(41)] Texas Real Estate Commission;
11-4 (41) [(42)] State Bar of Texas;
11-5 (42) [(43)] Texas State Board of Social Worker
11-6 Examiners;
11-7 (43) [(44)] State Board of Examiners for
11-8 Speech-Language Pathology and Audiology;
11-9 (44) [(45)] Texas Structural Pest Control Board;
11-10 (45) [(46)] Board of Tax Professional Examiners;
11-11 (46) [(47)] Secretary of State;
11-12 (47) [(48)] Supreme Court of Texas;
11-13 (48) [(49)] Texas Transportation Commission;
11-14 (49) [(50)] State Board of Veterinary Medical
11-15 Examiners;
11-16 (50) [(51)] Board of Vocational Nurse Examiners;
11-17 (51) [(52)] Texas Ethics Commission;
11-18 (52) [(53)] Advisory Board of Athletic Trainers;
11-19 (53) [(54)] State Committee of Examiners in the
11-20 Fitting and Dispensing of Hearing Instruments;
11-21 (54) [(55)] Texas Board of Licensure for Professional
11-22 Medical Physicists; [and]
11-23 (55) [(56)] Texas Department of Insurance; and [.]
11-24 (56) [(57)] Texas Board of Orthotics and Prosthetics.
11-25 SECTION 15. Subsections (g) and (h), Section 447.008,
11-26 Government Code, are amended to read as follows:
12-1 (g) The energy management center shall analyze the rates for
12-2 electricity charged to and the amount of electricity used by state
12-3 agencies and institutions of higher education to determine ways the
12-4 state could obtain lower rates and use less electricity. State
12-5 agencies, including the Railroad [Public] [Utility] Commission of
12-6 Texas, and institutions of higher education shall assist the energy
12-7 management center in obtaining the information the center requires
12-8 to perform its analysis.
12-9 (h) The energy management center and the attorney general
12-10 shall cooperate in monitoring efforts to deregulate the electric
12-11 utility industry and in reporting on the ways in which deregulation
12-12 would affect state government as a purchaser of electricity. The
12-13 energy management center, represented by the attorney general, may
12-14 intervene in proceedings before the Railroad [Public Utility]
12-15 Commission of Texas that are related to deregulating all or part of
12-16 the electric utility industry to represent the interests of state
12-17 government as a purchaser of electricity in those proceedings.
12-18 SECTION 16. Subsection (c), Section 572.003, Government
12-19 Code, is amended to read as follows:
12-20 (c) The term means a member of:
12-21 (1) [the Public Utility Commission of Texas;]
12-22 [(2)] the Texas Department of Commerce;
12-23 (2) [(3)] the Texas Natural Resource Conservation
12-24 Commission;
12-25 (3) [(4)] the Texas Alcoholic Beverage Commission;
12-26 (4) [(5)] The Finance Commission of Texas;
13-1 (5) [(6)] the General Services Commission;
13-2 (6) [(7)] the Texas Board of Criminal Justice;
13-3 (7) [(8)] the board of trustees of the Employees
13-4 Retirement System of Texas;
13-5 (8) [(9)] the Texas Transportation Commission;
13-6 (9) [(10)] the Texas Workers' Compensation Commission;
13-7 (10) [(11)] the State Board of Insurance;
13-8 (11) [(12)] the Parks and Wildlife Commission;
13-9 (12) [(13)] the Public Safety Commission;
13-10 (13) [(14)] the Texas Ethics Commission;
13-11 (14) [(15)] the State Securities Board;
13-12 (15) [(16)] the Texas Water Development Board;
13-13 (16) [(17)] the governing board of a public senior
13-14 college or university as defined by Section 61.003, Education Code,
13-15 or of The University of Texas Southwestern Medical Center at
13-16 Dallas, The University of Texas Medical Branch at Galveston, The
13-17 University of Texas Health Science Center at Houston, The
13-18 University of Texas Health Science Center at San Antonio, The
13-19 University of Texas System Cancer Center, The University of Texas
13-20 Health Science Center at Tyler, University of North Texas Health
13-21 Science Center at Fort Worth, Texas Tech University Health Sciences
13-22 Center, Texas State Technical College--Amarillo, Texas State
13-23 Technical College--Harlingen, Texas State Technical
13-24 College--Sweetwater, or Texas State Technical College--Waco;
13-25 (17) [(18)] the Texas Higher Education Coordinating
13-26 Board;
14-1 (18) [(19)] the Texas Employment Commission;
14-2 (19) [(20)] the State Banking Board;
14-3 (20) [(21)] the board of trustees of the Teacher
14-4 Retirement System of Texas;
14-5 (21) [(22)] the Credit Union Commission;
14-6 (22) [(23)] the School Land Board;
14-7 (23) [(24)] the board of the Texas Department of
14-8 Housing and Community Affairs;
14-9 (24) [(25)] the Texas Racing Commission;
14-10 (25) [(26)] the State Board of Dental Examiners;
14-11 (26) [(27)] the Texas Board of Licensure for Nursing
14-12 Home Administrators;
14-13 (27) [(28)] the Texas State Board of Medical
14-14 Examiners;
14-15 (28) [(29)] the Board of Pardons and Paroles;
14-16 (29) [(30)] the State Board of Pharmacy;
14-17 (30) [(31)] the Department of Information Resources
14-18 governing board;
14-19 (31) [(32)] the Motor Vehicle Board;
14-20 (32) [(33)] the Texas Real Estate Commission;
14-21 (33) [(34)] the board of directors of the State Bar of
14-22 Texas;
14-23 (34) [(35)] the bond review board;
14-24 (35) [(36)] the Texas Board of Health;
14-25 (36) [(37)] the Texas Board of Mental Health and
14-26 Mental Retardation;
15-1 (37) [(38)] the Texas Board on Aging;
15-2 (38) [(39)] the Texas Board of Human Services;
15-3 (39) [(40)] the Texas Funeral Service Commission;
15-4 (40) [(41)] the board of directors of a river
15-5 authority created under the Texas Constitution or a statute of this
15-6 state; or
15-7 (41) [(42)] the Texas Lottery Commission.
15-8 SECTION 17. Subsection (c), Section 2003.0421, Government
15-9 Code, is amended to read as follows:
15-10 (c) This section applies to any contested case hearing
15-11 conducted by the office, except hearings conducted on behalf of the
15-12 Texas Natural Resource Conservation Commission or the Railroad
15-13 [Public Utility] Commission of Texas, which are governed by
15-14 Sections 2003.047 and 2003.049.
15-15 SECTION 18. Subsection (a), Section 2003.049, Government
15-16 Code, is amended to read as follows:
15-17 (a) The office shall establish a utility division to perform
15-18 the contested case hearings for the Railroad [Public Utility]
15-19 Commission of Texas as prescribed by Title 2, Utilities Code, [the
15-20 Public Utility Regulatory Act of 1995] and other applicable law.
15-21 SECTION 19. Subsection (b), Section 2007.003, Government
15-22 Code, is amended to read as follows:
15-23 (b) This chapter does not apply to the following
15-24 governmental actions:
15-25 (1) an action by a municipality except as provided by
15-26 Subsection (a)(3);
16-1 (2) a lawful forfeiture or seizure of contraband as
16-2 defined by Article 59.01, Code of Criminal Procedure;
16-3 (3) a lawful seizure of property as evidence of a
16-4 crime or violation of law;
16-5 (4) an action, including an action of a political
16-6 subdivision, that is reasonably taken to fulfill an obligation
16-7 mandated by federal law or an action of a political subdivision
16-8 that is reasonably taken to fulfill an obligation mandated by state
16-9 law;
16-10 (5) the discontinuance or modification of a program or
16-11 regulation that provides a unilateral expectation that does not
16-12 rise to the level of a recognized interest in private real
16-13 property;
16-14 (6) an action taken to prohibit or restrict a
16-15 condition or use of private real property if the governmental
16-16 entity proves that the condition or use constitutes a public or
16-17 private nuisance as defined by background principles of nuisance
16-18 and property law of this state;
16-19 (7) an action taken out of a reasonable good faith
16-20 belief that the action is necessary to prevent a grave and
16-21 immediate threat to life or property;
16-22 (8) a formal exercise of the power of eminent domain;
16-23 (9) an action taken under a state mandate to prevent
16-24 waste of oil and gas, protect correlative rights of owners of
16-25 interests in oil or gas, or prevent pollution related to oil and
16-26 gas activities;
17-1 (10) a rule or proclamation adopted for the purpose of
17-2 regulating water safety, hunting, fishing, or control of
17-3 nonindigenous or exotic aquatic resources;
17-4 (11) an action taken by a political subdivision:
17-5 (A) to regulate construction in an area
17-6 designated under law as a floodplain;
17-7 (B) to regulate on-site sewage facilities;
17-8 (C) under the political subdivisions's statutory
17-9 authority to prevent waste or protect rights of owners of interest
17-10 in groundwater; or
17-11 (D) to prevent subsidence;
17-12 (12) the appraisal of property for purposes of ad
17-13 valorem taxation;
17-14 (13) an action that:
17-15 (A) is taken in response to a real and
17-16 substantial threat to public health and safety;
17-17 (B) is designed to significantly advance the
17-18 health and safety purpose; and
17-19 (C) does not impose a greater burden than is
17-20 necessary to achieve the health and safety purpose; or
17-21 (14) an action or rulemaking undertaken by the
17-22 Railroad [Public Utility] Commission of Texas to order or require
17-23 the location or placement of telecommunications equipment owned by
17-24 another party on the premises of a certificated local exchange
17-25 company.
17-26 SECTION 20. Subdivision (2), Section 2302.001, Government
18-1 Code, is amended to read as follows:
18-2 (2) "Commission" means the Railroad [Public Utility]
18-3 Commission of Texas.
18-4 SECTION 21. Section 2302.002, Government Code, is amended to
18-5 read as follows:
18-6 Sec. 2302.002. COMPOSITION OF COUNCIL. The council is
18-7 composed of:
18-8 (1) one representative with knowledge of cogeneration
18-9 from each of the following agencies, appointed by and serving at
18-10 the pleasure of the agency's presiding officer:
18-11 (A) the commission;
18-12 (B) [the Railroad Commission of Texas;]
18-13 [(C)] the General Services Commission; and
18-14 (C) [(D)] the Texas Natural Resource
18-15 Conservation Commission;
18-16 (2) one representative of the office of the attorney
18-17 general, appointed by the attorney general; and
18-18 (3) one representative of higher education, appointed
18-19 by the governor.
18-20 SECTION 22. Subdivisions (5) and (11), Section 771.001,
18-21 Health and Safety Code, are amended to read as follows:
18-22 (5) "Local exchange service provider" means a
18-23 telecommunications carrier providing telecommunications service in
18-24 a local exchange service area under a certificate of public
18-25 convenience and necessity issued by the Railroad [Public Utility]
18-26 Commission of Texas.
19-1 (11) "Business service" means a telecommunications
19-2 service classified as a business service under rules adopted by the
19-3 Railroad [Public Utility] Commission of Texas or under the
19-4 applicable tariffs of the principal service supplier.
19-5 SECTION 23. Section 771.0725, Health and Safety Code, is
19-6 amended to read as follows:
19-7 Sec. 771.0725. ESTABLISHMENT OF RATES FOR FEES.
19-8 (a) Subject to the applicable limitations prescribed by Sections
19-9 771.071(b) and 771.072(b), (d), and (e), the Railroad [Public
19-10 Utility] Commission of Texas shall monitor the establishment of:
19-11 (1) emergency service fees imposed under Section
19-12 771.071; and
19-13 (2) the equalization surcharge imposed under Section
19-14 771.072, including the allocation of revenue under Sections
19-15 771.072(d) and (e).
19-16 (b) Each year the advisory commission shall provide
19-17 documentation to the Railroad [Public Utility] Commission of Texas
19-18 regarding the rate at which each fee should be imposed and the
19-19 allocation of revenue under Sections 771.072(d) and (e). The
19-20 advisory commission may provide such documentation more often under
19-21 this subsection if the advisory commission determines that action
19-22 is necessary.
19-23 (c) The Railroad [Public Utility] Commission of Texas shall
19-24 review the documentation provided by the advisory commission as
19-25 well as allocations derived therefrom and also identified by the
19-26 advisory commission. If the Railroad [Public Utility] Commission
20-1 of Texas determines that a recommended rate or allocation is not
20-2 appropriate, the Railroad [Public Utility] Commission of Texas
20-3 shall provide comments to the advisory commission, the governor,
20-4 and the Legislative Budget Board regarding appropriate rates and
20-5 the basis for that determination.
20-6 (d) The Railroad [Public Utility] Commission of Texas may
20-7 review and make comments regarding a rate or allocation under this
20-8 section in an informal proceeding. A proceeding in which a rate or
20-9 allocation is reviewed is not a contested case for purposes of
20-10 Chapter 2001, Government Code. A review of a rate or allocation is
20-11 not a rate change for purposes of Title 2, Utilities Code [Subtitle
20-12 E, Title II, or Subtitle E, Title III, Public Utility Regulatory
20-13 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes)].
20-14 SECTION 24. Subsection (b), Section 33.2053, Natural
20-15 Resources Code, is amended to read as follows:
20-16 (b) The Railroad [Public Utility] Commission of Texas shall
20-17 comply with Sections 33.205(a) and (b) when issuing a certificate
20-18 of convenience and necessity.
20-19 SECTION 25. Subsection (d), Section 28.03, Penal Code, is
20-20 amended to read as follows:
20-21 (d) The term "public communication, public transportation,
20-22 public water, gas, or power supply, or other public service" shall
20-23 mean, refer to, and include any such services subject to regulation
20-24 by the [Public Utility Commission of Texas, the] Railroad
20-25 Commission of Texas[,] or the Texas Natural Resource Conservation
20-26 Commission or any such services enfranchised by the State of Texas
21-1 or any political subdivision thereof.
21-2 SECTION 26. Subsection (c), Section 92.008, Property Code,
21-3 is amended to read as follows:
21-4 (c) A landlord may interrupt or cause the interruption of
21-5 electrical service furnished to a tenant by the landlord as an
21-6 incident of the tenancy or by other agreement if:
21-7 (1) the electrical service furnished to the tenant is
21-8 individually metered or submetered for the dwelling unit;
21-9 (2) the electrical service connection with the utility
21-10 company is in the name of the landlord or the landlord's agent; and
21-11 (3) the landlord complies with the rules adopted by
21-12 the Railroad [Public Utility] Commission of Texas for
21-13 discontinuance of submetered electrical service.
21-14 SECTION 27. Subsection (b), Section 22.23, Tax Code, is
21-15 amended to read as follows:
21-16 (b) For good cause shown in writing by the property owner,
21-17 the chief appraiser may extend a deadline for filing a rendition
21-18 statement or property report by written order to a date not later
21-19 than April 30. However, if the property that is the subject of the
21-20 rendition is regulated by the [Public Utility Commission of Texas
21-21 or the] Railroad Commission of Texas, the chief appraiser, upon
21-22 written request by the property owner, shall extend the filing
21-23 deadline until April 30, and may further extend the deadline an
21-24 additional 15 days upon good cause shown in writing by the property
21-25 owner.
21-26 SECTION 28. Subsection (c), Section 301.004, Tax Code, is
22-1 amended to read as follows:
22-2 (c) In this section, "telephone company" means a person who
22-3 owns or operates a telephone line or a telephone network in this
22-4 state, charges for its use, and is regulated by the Railroad
22-5 [Public Utility] Commission of Texas as a certificated provider of
22-6 local exchange telephone service.
22-7 SECTION 29. Subsection (b), Section 452.065, Transportation
22-8 Code, is amended to read as follows:
22-9 (b) The parties to a contract made under Subsection (a)(3)
22-10 may fulfill the terms of the contract notwithstanding any order or
22-11 rule of the Railroad [Public Utility] Commission of Texas with
22-12 respect to certification, except that any supply of power or energy
22-13 by one utility into the service area of another utility must be
22-14 provided over transmission or distribution lines owned by the
22-15 authority.
22-16 SECTION 30. Subdivision (10), Section 65.001, Water Code, is
22-17 amended to read as follows:
22-18 (10) "Water supply corporation" means any
22-19 member-owned, consumer-owned water supply corporation created and
22-20 operating under Chapter 76, Acts of the 43rd Legislature, 1st
22-21 Called Session, 1933 (Article 1434a, Vernon's Texas Civil
22-22 Statutes), that:
22-23 (A) provides water supply services to
22-24 noncontiguous subdivisions in two or more counties, at least one of
22-25 which counties has a population greater than two million; or
22-26 (B) on or before January 1, 1985, was providing
23-1 the services of a water supply corporation under a certificate of
23-2 convenience and necessity issued by a predecessor agency of the
23-3 Railroad [Public Utility] Commission of Texas.
23-4 SECTION 31. Subsection (f), Section 4B, Chapter 245, Acts of
23-5 the 67th Legislature, Regular Session, 1981 (Article 717p, Vernon's
23-6 Texas Civil Statutes), is amended to read as follows:
23-7 (f) This section does not in any way limit the authority of
23-8 the Railroad [Public Utility] Commission of Texas to determine the
23-9 recoverability of cost from rate payers.
23-10 SECTION 32. Subsection (4), Section 1.01, Chapter 793, Acts
23-11 of the 73rd Legislature, Regular Session, 1993 (Article 4413(47f),
23-12 Vernon's Texas Civil Statutes), is amended to read as follows:
23-13 (4) "State agency" in this chapter means a department,
23-14 commission, board, office, council, or other agency in the
23-15 executive or judicial branch of state government that is created by
23-16 the constitution, a statute of this state, or executive order
23-17 dealing with or involved in energy-related research and
23-18 development, including but not limited to:
23-19 (1) the Railroad Commission of Texas;
23-20 (2) [the Public Utility Commission of Texas;]
23-21 [(3)] the General Land Office;
23-22 (3) [(4)] the state energy conservation office,
23-23 a division of the General Services Commission;
23-24 (4) [(5)] the Texas Higher Education
23-25 Coordinating Board;
23-26 (5) [(6)] the Texas Science and Technology
24-1 Council; and
24-2 (6) [(7)] Texas river authorities.
24-3 SECTION 33. (a) The following provisions of the Utilities
24-4 Code are repealed:
24-5 (1) Sections 12.002, 12.003, 12.004, 12.005, and
24-6 15.029; and
24-7 (2) Subchapters B, C, D, and E, Chapter 12.
24-8 (b) Subsection (h), Section 12.013, Water Code, is repealed.
24-9 SECTION 34. (a) It is the intent of the legislature that
24-10 the powers, duties, obligations, rights, contracts, records,
24-11 employees, property, funds, and appropriations of the Public
24-12 Utility Commission of Texas shall be transferred to the Railroad
24-13 Commission of Texas. The Railroad Commission of Texas shall take
24-14 regulatory jurisdiction over public utilities and
24-15 telecommunications utilities effective September 1, 2000.
24-16 (b) Sections 1 through 33 of this Act and Sections 36
24-17 through 39 of this Act take effect September 1, 2000.
24-18 (c) This section and Section 35 of this Act take effect
24-19 immediately.
24-20 SECTION 35. (a) The Railroad Commission of Texas shall
24-21 administer the transfer of the powers, duties, obligations, rights,
24-22 contracts, records, employees, property, funds, and appropriations
24-23 from the Public Utility Commission of Texas to the Railroad
24-24 Commission of Texas. The Railroad Commission of Texas or its
24-25 designee shall:
24-26 (1) determine the personnel, equipment, data,
25-1 facilities, unspent appropriations, and other items that will be
25-2 transferred under this Act and the schedule for the transfers; and
25-3 (2) ensure that the transfers do not adversely affect
25-4 a proceeding before the Public Utility Commission of Texas or the
25-5 rights of the parties to the proceeding.
25-6 (b) After the transfers described in Subsection (a) of this
25-7 section have been completed, the Railroad Commission of Texas or
25-8 its designee shall prepare a written report detailing the specifics
25-9 of the transfers and shall submit the report to the governor and
25-10 the legislature.
25-11 SECTION 36. On September 1, 2000:
25-12 (1) all remaining powers, duties, obligations, rights,
25-13 contracts, records, employees, property, funds, and unspent
25-14 appropriations are transferred from the Public Utility Commission
25-15 of Texas to the Railroad Commission of Texas;
25-16 (2) the Public Utility Commission of Texas is
25-17 abolished; and
25-18 (3) the terms of the commissioners of the Public
25-19 Utility Commission of Texas expire.
25-20 SECTION 37. All rules, policies, procedures, and decisions
25-21 of the Public Utility Commission of Texas relating to the
25-22 regulation of public utilities are continued in effect as rules,
25-23 policies, procedures, and decisions of the Railroad Commission of
25-24 Texas until superseded by a rule or other appropriate action of the
25-25 Railroad Commission of Texas. All rules, policies, procedures, and
25-26 decisions of the Public Utility Commission of Texas relating to the
26-1 management and day-to-day operation of the Public Utility
26-2 Commission of Texas are superseded by the rules, policies,
26-3 procedures, and decisions of the Railroad Commission of Texas
26-4 relating to the management and day-to-day operation of the Railroad
26-5 Commission of Texas upon the transfer of the respective powers,
26-6 duties, obligations, rights, contracts, records, employees,
26-7 property, funds, and unspent appropriations from the Public Utility
26-8 Commission of Texas to the Railroad Commission of Texas.
26-9 SECTION 38. The abolishment of the Public Utility Commission
26-10 of Texas and the transfer of its powers and duties to the Railroad
26-11 Commission of Texas do not affect or impair an act done or an
26-12 obligation, certificate, permit, rule, criterion, standard,
26-13 requirement, or penalty accrued or existing under former law, and
26-14 that law remains in effect for that purpose.
26-15 SECTION 39. A reference in law to the Public Utility
26-16 Commission of Texas means the Railroad Commission of Texas on and
26-17 after September 1, 2000.
26-18 SECTION 40. The importance of this legislation and the
26-19 crowded condition of the calendars in both houses create an
26-20 emergency and an imperative public necessity that the
26-21 constitutional rule requiring bills to be read on three several
26-22 days in each house be suspended, and this rule is hereby suspended,
26-23 and that this Act take effect and be in force according to its
26-24 terms, and it is so enacted.