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A BILL TO BE ENTITLED
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AN ACT
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relating to the members and operation 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 12.101, Utilities Code, is amended to |
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read as follows: |
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Sec. 12.101. COMMISSION EMPLOYEES. The commission shall |
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employ: |
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(1) an executive director; [and] |
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(2) legal clerks described by Section 12.1015; and |
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(3) officers and other employees the commission |
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considers necessary to administer this title. |
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SECTION 3. Subchapter C, Chapter 12, Utilities Code, is |
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amended by adding Section 12.1015 to read as follows: |
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Sec. 12.1015. LEGAL CLERK. (a) On or before the beginning |
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of each state fiscal year, the commission shall employ a legal clerk |
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for each commissioner to assist the commissioner in performing the |
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commissioner's duties during that fiscal year. Each commissioner |
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shall choose that commissioner's legal clerk. |
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(b) The commission may not employ a person as a legal clerk |
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unless the person: |
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(1) is an attorney licensed to practice law in this |
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state; and |
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(2) has not previously been employed as a legal clerk |
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under this section. |
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(c) A legal clerk serves at the pleasure of the commissioner |
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who chose the clerk. The commission, at the request of the |
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commissioner who chose the legal clerk, may replace a clerk at any |
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time during a state fiscal year. |
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(d) A person employed under this section may not serve as a |
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legal clerk on or after the beginning of the next state fiscal year. |
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SECTION 4. Section 14.057(a), Utilities Code, is amended to |
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read as follows: |
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(a) A commission order must be in writing and contain |
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detailed findings of the facts on which it is passed. A commission |
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order relating to a proceeding that is conducted by one or more |
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commissioners must be written by the commissioners. The |
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commissioners' legal clerks may assist the commissioners in writing |
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the order. The commissioners may not delegate authority to write |
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the order to other commission staff. |
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SECTION 5. 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 6. (a) This Act applies only to a contested case |
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filed on or after the effective date of this Act. A contested case |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the contested case was filed, and that law is |
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continued in effect for that purpose. |
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(b) As soon as possible after the effective date of this |
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Act, each commissioner of the Public Utility Commission of Texas |
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shall employ a legal clerk as required by Section 12.1015, |
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Utilities Code, as added by this Act, for the state fiscal year that |
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begins September 1, 2007. |
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SECTION 7. This Act takes effect September 1, 2007. |