Bill Text: TX HB2799 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the election of one commissioner of the Public Utility Commission of Texas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-17 - Referred to State Affairs [HB2799 Detail]
Download: Texas-2021-HB2799-Introduced.html
87R10706 CXP-D | ||
By: Wilson | H.B. No. 2799 |
|
||
|
||
relating to the election of one commissioner of the Public Utility | ||
Commission of Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter B, Chapter 12, | ||
Utilities Code, is amended to read as follows: | ||
SUBCHAPTER B. COMMISSION APPOINTMENT, ELECTION, AND FUNCTIONS | ||
SECTION 2. The heading to Section 12.051, Utilities Code, | ||
is amended to read as follows: | ||
Sec. 12.051. APPOINTMENT AND ELECTION; TERM. | ||
SECTION 3. Section 12.051, Utilities Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (a-2) to | ||
read as follows: | ||
(a) The commission is composed of three commissioners. | ||
(a-1) Two commissioners must be appointed by the governor | ||
with the advice and consent of the senate. | ||
(a-2) One commissioner must be elected at the general | ||
election for state officers. | ||
SECTION 4. Section 12.053, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 12.053. MEMBERSHIP QUALIFICATIONS. (a) To be | ||
eligible for appointment to a commissioner's office, other than an | ||
appointment to fill a vacancy in the elected commissioner's office, | ||
a person [ |
||
(1) be a qualified voter; | ||
(2) be a citizen of the United States; | ||
(3) be a competent and experienced administrator; | ||
(4) be well informed and qualified in the field of | ||
public utilities and utility regulation; and | ||
(5) have at least five years of experience in the | ||
administration of business or government or as a practicing | ||
attorney or certified public accountant. | ||
(a-1) To be eligible for election to the elected | ||
commissioner's office, a person must be: | ||
(1) a qualified voter; and | ||
(2) a citizen of the United States. | ||
(b) A person is not eligible for appointment or election to | ||
a commissioner's office [ |
||
(1) at any time during the two years preceding the date | ||
of the person's appointment or the date of the person's election: | ||
(A) personally served as an officer, director, | ||
owner, employee, partner, or legal representative of a public | ||
utility regulated by the commission or of an affiliate or direct | ||
competitor of a public utility regulated by the commission; or | ||
(B) owned or controlled, directly or indirectly, | ||
more than a 10 percent interest in a public utility regulated by the | ||
commission or in an affiliate or direct competitor of a public | ||
utility regulated by the commission; or | ||
(2) is not qualified to serve under Section 12.151, | ||
12.152, or 12.153. | ||
SECTION 5. Section 12.054(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) It is a ground for removal from the commission if a | ||
commissioner: | ||
(1) does not have at the time of election or | ||
appointment or does not maintain during service on the commission | ||
the qualifications required by Section 12.053; | ||
(2) violates a prohibition provided by Section 12.053 | ||
or by Subchapter D; | ||
(3) cannot discharge the commissioner's duties for a | ||
substantial part of the term for which the commissioner is elected | ||
or appointed because of illness or disability; or | ||
(4) is absent from more than half of the regularly | ||
scheduled commission meetings that the commissioner is eligible to | ||
attend during a calendar year unless the absence is excused by | ||
majority vote of the commission. | ||
SECTION 6. Section 12.055, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A | ||
person may not seek nomination or election to another civil office | ||
of this state or of the United States while serving as a | ||
commissioner. If a commissioner files for nomination or election | ||
to another civil office of this state or of the United States, the | ||
person's office as commissioner immediately becomes vacant, and the | ||
governor shall order a special election or appoint a successor as | ||
provided by Section 12.056. | ||
SECTION 7. Section 12.056, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 12.056. [ |
||
disqualification does not prevent a [ |
||
[ |
||
(b) If the elected commissioner's office becomes vacant and | ||
more than one year remains in the term of the office vacated, the | ||
governor shall order a special election in which a successor shall | ||
be elected. | ||
(c) If the elected commissioner's office becomes vacant and | ||
less than one year remains in the term of the office vacated, the | ||
governor shall appoint a successor to serve for the unexpired term. | ||
SECTION 8. Section 12.059, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONERS. (a) | ||
Before a commissioner may assume the commissioner's duties and | ||
before an appointed [ |
||
senate, the commissioner must complete at least one course of the | ||
training program established under this section. | ||
(b) A training program established under this section shall | ||
provide information to the commissioner regarding: | ||
(1) the enabling legislation that created the | ||
commission and its policymaking body to which the commissioner is | ||
elected or appointed to serve; | ||
(2) the programs operated by the commission; | ||
(3) the role and functions of the commission; | ||
(4) the rules of the commission with an emphasis on the | ||
rules that relate to disciplinary and investigatory authority; | ||
(5) the current budget for the commission; | ||
(6) the results of the most recent formal audit of the | ||
commission; | ||
(7) the requirements of Chapters 551, 552, and 2001, | ||
Government Code; | ||
(8) the requirements of the conflict of interest laws | ||
and other laws relating to public officials; and | ||
(9) any applicable ethics policies adopted by the | ||
commission or the Texas Ethics Commission. | ||
(c) A person who is elected or appointed to the commission | ||
is entitled to reimbursement, as provided by the General | ||
Appropriations Act, for the travel expenses incurred in attending | ||
the training program regardless of whether the attendance at the | ||
program occurs before or after the person qualifies for office. | ||
SECTION 9. Section 12.152, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 12.152. CONFLICT OF INTEREST. (a) A person is not | ||
eligible for election or appointment as a commissioner or executive | ||
director of the commission if: | ||
(1) the person serves on the board of directors of a | ||
company that supplies fuel, utility-related services, or | ||
utility-related products to regulated or unregulated electric or | ||
telecommunications utilities; or | ||
(2) the person or the person's spouse: | ||
(A) is employed by or participates in the | ||
management of a business entity or other organization that is | ||
regulated by or receives funds from the commission; | ||
(B) directly or indirectly owns or controls more | ||
than a 10 percent interest in: | ||
(i) a business entity or other organization | ||
that is regulated by or receives funds from the commission; or | ||
(ii) a utility competitor, utility | ||
supplier, or other entity affected by a commission decision in a | ||
manner other than by the setting of rates for that class of | ||
customer; | ||
(C) uses or receives a substantial amount of | ||
tangible goods, services, or funds from the commission, other than | ||
compensation or reimbursement authorized by law for commission | ||
membership, attendance, or expenses; or | ||
(D) notwithstanding Paragraph (B), has an | ||
interest in a mutual fund or retirement fund in which more than 10 | ||
percent of the fund's holdings at the time of election or | ||
appointment is in a single utility, utility competitor, or utility | ||
supplier in this state and the person does not disclose this | ||
information to the governor, senate, commission, or other entity, | ||
as appropriate. | ||
(b) A person otherwise ineligible because of Subsection | ||
(a)(2)(B) may be elected or appointed to the commission and serve as | ||
a commissioner or may be employed as executive director if the | ||
person: | ||
(1) notifies the attorney general and commission that | ||
the person is ineligible because of Subsection (a)(2)(B); and | ||
(2) divests the person or the person's spouse of the | ||
ownership or control: | ||
(A) before beginning service or employment; or | ||
(B) if the person is already serving or employed, | ||
within a reasonable time. | ||
SECTION 10. Section 52.092(c), Election Code, is amended to | ||
read as follows: | ||
(c) Statewide offices of the state government shall be | ||
listed in the following order: | ||
(1) governor; | ||
(2) lieutenant governor; | ||
(3) attorney general; | ||
(4) comptroller of public accounts; | ||
(5) commissioner of the General Land Office; | ||
(6) commissioner of agriculture; | ||
(7) railroad commissioner; | ||
(8) public utility commissioner; | ||
(9) chief justice, supreme court; | ||
(10) [ |
||
(11) [ |
||
appeals; | ||
(12) [ |
||
SECTION 11. Section 504.401(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) In this section, "state official" means: | ||
(1) a member of the legislature; | ||
(2) the governor; | ||
(3) the lieutenant governor; | ||
(4) a justice of the supreme court; | ||
(5) a judge of the court of criminal appeals; | ||
(6) the attorney general; | ||
(7) the commissioner of the General Land Office; | ||
(8) the comptroller; | ||
(9) a member of the Railroad Commission of Texas; | ||
(10) the commissioner of agriculture; | ||
(11) an elected commissioner of the Public Utility | ||
Commission of Texas; | ||
(12) the secretary of state; or | ||
(13) [ |
||
SECTION 12. (a) The first election for commissioner of the | ||
Public Utility Commission of Texas, for a six-year term beginning | ||
on January 1, 2023, shall be held on the date of the general | ||
election for state and county officers for the year 2022. | ||
(b) Notwithstanding Section 12.051(c), Utilities Code, the | ||
commissioner whose term expires September 1, 2023, shall serve only | ||
until the first commissioner elected in the manner provided by this | ||
Act qualifies to serve. This Act does not prohibit the commissioner | ||
whose term expires September 1, 2023, from running for election to | ||
the Public Utility Commission of Texas. | ||
(c) If on January 1, 2023, there is a vacancy in the office | ||
of commissioner created under this Act because the first | ||
commissioner-elect has died or refuses or is permanently unable to | ||
serve, the commissioner serving on that date shall, unless | ||
otherwise removed as provided by law, continue in office under the | ||
former law that governed the office until the vacancy is filled in | ||
the manner provided by Section 12.056(b), Utilities Code, as added | ||
by this Act. The former law that governed the office of the | ||
commissioner is continued in effect for that purpose. | ||
SECTION 13. This Act takes effect September 1, 2021. |