By Merritt                                            H.B. No. 3429
         77R9179 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a transfer of the Railroad Commission of Texas' powers
 1-3     and duties regarding regulation of gas utilities to the Public
 1-4     Utility Commission of Texas.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter A, Chapter 101, Utilities Code, is
 1-7     amended by adding Section 101.0015 to read as follows:
 1-8           Sec. 101.0015.  PUBLIC UTILITY COMMISSION OF TEXAS.
 1-9     Notwithstanding any other law, a reference in this subtitle to the
1-10     railroad commission means the Public Utility Commission of Texas.
1-11           SECTION 2. Subchapter A, Chapter 121, Utilities Code, is
1-12     amended by adding Section 121.0015 to read as follows:
1-13           Sec. 121.0015.  PUBLIC UTILITY COMMISSION OF TEXAS.
1-14     Notwithstanding any other law, a reference in this subtitle to the
1-15     railroad commission means the Public Utility Commission of Texas.
1-16           SECTION 3.  (a)  On September 1, 2001:
1-17                 (1)  all of the rights, powers, duties, functions,
1-18     programs, and activities assigned to the Railroad Commission of
1-19     Texas or to the commission's officers or employees by Title 3,
1-20     Utilities Code, or other law, that are related to gas utility
1-21     regulation, rates, and services are transferred to the Public
1-22     Utility Commission of Texas;
1-23                 (2)  all funds, obligations, contracts, property, and
1-24     records of the Railroad Commission of Texas relating to gas utility
 2-1     regulation, rates, and services are transferred to the Public
 2-2     Utility Commission of Texas;
 2-3                 (3)  all employees of the Railroad Commission of Texas
 2-4     who perform duties relating to gas utility regulation, rates, and
 2-5     services become employees of the Public Utility Commission of
 2-6     Texas, to be assigned duties by the executive director of the
 2-7     commission; and
 2-8                 (4)  all appropriations to the Railroad Commission of
 2-9     Texas for activities related to gas utility regulation, rates, and
2-10     services are transferred to the Public Utility Commission of Texas.
2-11           (b)  Money collected by the Railroad Commission of Texas for
2-12     fees related to applications pending before the commission on
2-13     September 1, 2001, are transferred to the Public Utility Commission
2-14     of Texas on that date.  The application fees may not be assessed
2-15     again for the same applications.
2-16           (c)  A rule or form adopted by the Railroad Commission of
2-17     Texas that relates to gas utility regulation, rates, and services
2-18     is a rule or form of the Public Utility Commission of Texas and
2-19     remains in effect until altered by the commission.  The secretary
2-20     of state is authorized to adopt rules as necessary to expedite the
2-21     implementation of this subsection.
2-22           (d)  A reference in law to the Railroad Commission of Texas
2-23     that relates to gas utility regulation, rates, and services means
2-24     the Public Utility Commission of Texas or the executive director of
2-25     the commission, as appropriate.
2-26           SECTION 4.  (a)  The transfer of powers, duties, functions,
2-27     programs, and activities under this Act does not affect or impair
 3-1     any act done, any obligation, right, order, license, permit, rule,
 3-2     criterion, standard, or requirement existing, any investigation
 3-3     begun, or any penalty accrued under former law, and that law
 3-4     remains in effect for any action concerning those matters.
 3-5           (b)  An action brought or proceeding commenced before the
 3-6     effective date of this Act, including a contested case or a remand
 3-7     of an action or proceeding by a reviewing court, is governed by the
 3-8     law and rules applicable to the action or proceeding before the
 3-9     effective date of this Act.
3-10           SECTION 5. This Act takes effect September 1, 2001.