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.