| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the members and operation of the Public Utility |
|
|
Commission of Texas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.051(a), Utilities Code, is amended to |
|
|
read as follows: |
|
|
(a) The commission is composed of five [three] |
|
|
commissioners appointed by the governor with the advice and consent |
|
|
of the senate. |
|
|
SECTION 2. Section 12.101, Utilities Code, is amended to |
|
|
read as follows: |
|
|
Sec. 12.101. COMMISSION EMPLOYEES. The commission shall |
|
|
employ: |
|
|
(1) an executive director; [and] |
|
|
(2) legal clerks described by Section 12.1015; and |
|
|
(3) officers and other employees the commission |
|
|
considers necessary to administer this title. |
|
|
SECTION 3. Subchapter C, Chapter 12, Utilities Code, is |
|
|
amended by adding Section 12.1015 to read as follows: |
|
|
Sec. 12.1015. LEGAL CLERK. (a) On or before the beginning |
|
|
of each state fiscal year, the commission shall employ a legal clerk |
|
|
for each commissioner to assist the commissioner in performing the |
|
|
commissioner's duties during that fiscal year. Each commissioner |
|
|
shall choose that commissioner's legal clerk. |
|
|
(b) The commission may not employ a person as a legal clerk |
|
|
unless the person: |
|
|
(1) is an attorney licensed to practice law in this |
|
|
state; and |
|
|
(2) has not previously been employed as a legal clerk |
|
|
under this section. |
|
|
(c) A legal clerk serves at the pleasure of the commissioner |
|
|
who chose the clerk. The commission, at the request of the |
|
|
commissioner who chose the legal clerk, may replace a clerk at any |
|
|
time during a state fiscal year. |
|
|
(d) A person employed under this section may not serve as a |
|
|
legal clerk on or after the beginning of the next state fiscal year. |
|
|
SECTION 4. Section 14.057(a), Utilities Code, is amended to |
|
|
read as follows: |
|
|
(a) A commission order must be in writing and contain |
|
|
detailed findings of the facts on which it is passed. A commission |
|
|
order relating to a proceeding that is conducted by one or more |
|
|
commissioners must be written by the commissioners. The |
|
|
commissioners' legal clerks may assist the commissioners in writing |
|
|
the order. The commissioners may not delegate authority to write |
|
|
the order to other commission staff. |
|
|
SECTION 5. Promptly after this Act takes effect, the |
|
|
governor shall appoint two additional members to the Public Utility |
|
|
Commission of Texas. Of those members, the governor shall |
|
|
designate one to serve a term expiring September 1, 2011, and one to |
|
|
serve a term expiring September 1, 2013. Until all appointees have |
|
|
taken office, a quorum of the commission is a majority of the number |
|
|
of members who are qualified. |
|
|
SECTION 6. (a) This Act applies only to a contested case |
|
|
filed on or after the effective date of this Act. A contested case |
|
|
filed before the effective date of this Act is governed by the law |
|
|
in effect on the date the contested case was filed, and that law is |
|
|
continued in effect for that purpose. |
|
|
(b) As soon as possible after the effective date of this |
|
|
Act, each commissioner of the Public Utility Commission of Texas |
|
|
shall employ a legal clerk as required by Section 12.1015, |
|
|
Utilities Code, as added by this Act, for the state fiscal year that |
|
|
begins September 1, 2007. |
|
|
SECTION 7. This Act takes effect September 1, 2007. |