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A BILL TO BE ENTITLED
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AN ACT
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relating to the members and employees of the Public Utility |
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Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.051(a), Utilities Code, is amended to |
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read as follows: |
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(a) The commission is composed of five [three] |
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commissioners appointed by the governor with the advice and consent |
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of the senate. |
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SECTION 2. Section 12.053(b), Utilities Code, is amended to |
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read as follows: |
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(b) A person is not eligible for appointment as a |
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commissioner if the person: |
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(1) at any time during the two years preceding |
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appointment[:
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[(A)] personally served as an officer, director, |
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owner, employee, or partner[, or legal representative] of a public |
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utility, affiliate, or direct competitor of a public utility[; or
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[(B) owned or controlled, directly or
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indirectly, stocks or bonds of any class with a value of $10,000 or
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more in a public utility, affiliate, or direct competitor of a
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public utility]; or |
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(2) is not qualified to serve under Section 12.151, |
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12.152, or 12.153. |
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SECTION 3. Section 12.152(a), Utilities Code, is amended to |
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read as follows: |
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(a) A person is not eligible for appointment as a |
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commissioner or executive director of the commission if: |
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(1) the person serves on the board of directors of a |
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company that supplies fuel, utility-related services, or |
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utility-related products to regulated or unregulated electric or |
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telecommunications utilities; or |
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(2) the person or the person's spouse: |
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(A) is employed by or participates in the |
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management of a business entity or other organization that is |
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regulated by or receives funds from the commission; |
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(B) directly or indirectly owns or controls more |
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than a 10 percent interest or a pecuniary interest, including |
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stocks and bonds, with a value exceeding $10,000 in: |
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(i) a business entity or other organization |
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that is regulated by or receives funds from the commission; or |
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(ii) a utility competitor, utility |
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supplier, or other entity affected by a commission decision in a |
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manner other than by the setting of rates for that class of |
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customer; |
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(C) uses or receives a substantial amount of |
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tangible goods, services, or funds from the commission, other than |
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compensation or reimbursement authorized by law for commission |
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membership, attendance, or expenses; or |
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(D) notwithstanding Paragraph (B), has an |
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interest in a mutual fund or retirement fund in which more than 10 |
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percent of the fund's holdings at the time of appointment is in a |
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single utility, utility competitor, or utility supplier in this |
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state and the person does not disclose this information to the |
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governor, senate, commission, or other entity, as appropriate. |
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SECTION 4. Promptly after this Act takes effect, the |
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governor shall appoint two additional members to the Public Utility |
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Commission of Texas. Of those members, the governor shall |
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designate one to serve a term expiring September 1, 2011, and one to |
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serve a term expiring September 1, 2013. Until all appointees have |
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taken office, a quorum of the commission is a majority of the number |
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of members who are qualified. |
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SECTION 5. The change in law made by this Act relating to |
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qualifications and eligibility to serve as a commissioner or to be |
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employed with the Public Utility Commission of Texas applies only |
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to a commissioner or employee appointed or employed after the |
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effective date of this Act. A commissioner or employee of the |
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Public Utility Commission of Texas who is serving or employed on the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |