Bill Text: TX HB3650 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the transfer of functions relating to the economic regulation of water and sewer service from the Public Utility Commission of Texas to the Texas Commission on Environmental Quality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-20 - Committee report sent to Calendars [HB3650 Detail]

Download: Texas-2021-HB3650-Introduced.html
  87R13156 JXC-D
 
  By: Lucio III H.B. No. 3650
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of functions relating to the economic
  regulation of water and sewer service from the Public Utility
  Commission of Texas to the Texas Commission on Environmental
  Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  Notwithstanding any other law, on September
  1, 2022, the following are transferred from the Public Utility
  Commission of Texas to the Texas Commission on Environmental
  Quality:
               (1)  the powers, duties, functions, programs, and
  activities of the Public Utility Commission of Texas relating to
  the economic regulation of water and sewer service, including the
  issuance and transfer of certificates of convenience and necessity,
  the determination of rates, and the administration of hearings and
  proceedings involving those matters, under Chapters 11, 12, and 13,
  Water Code;
               (2)  any obligations and contracts of the Public
  Utility Commission of Texas that are directly related to
  implementing a power, duty, function, program, or activity
  transferred under this Act; and
               (3)  all property and records in the custody of the
  Public Utility Commission of Texas that are related to a power,
  duty, function, program, or activity transferred under this Act and
  all funds appropriated by the legislature for that power, duty,
  function, program, or activity.
         (b)  The Texas Commission on Environmental Quality and the
  Public Utility Commission of Texas shall enter into a memorandum of
  understanding that:
               (1)  identifies in detail the applicable powers and
  duties that are transferred by this Act;
               (2)  establishes a plan for the identification and
  transfer of the records, personnel, property, and unspent
  appropriations of the Public Utility Commission of Texas that are
  used for purposes of the commission's powers and duties directly
  related to the economic regulation of water and sewer service under
  Chapters 11, 12, and 13, Water Code; and
               (3)  establishes a plan for the transfer of all pending
  applications, hearings, rulemaking proceedings, and orders
  relating to the economic regulation of water and sewer service
  under Chapters 11, 12, and 13, Water Code, from the Public Utility
  Commission of Texas to the Texas Commission on Environmental
  Quality.
         (c)  The memorandum of understanding under this section is
  not required to be adopted by rule under Section 5.104, Water Code.
         (d)  The executive directors of the Texas Commission on
  Environmental Quality and the Public Utility Commission of Texas
  may agree in the memorandum of understanding under this section to
  transfer to the Texas Commission on Environmental Quality any
  personnel of the Public Utility Commission of Texas whose functions
  predominantly involve powers, duties, obligations, functions, and
  activities related to the economic regulation of water and sewer
  service under Chapters 11, 12, and 13, Water Code.
         (e)  The Texas Commission on Environmental Quality and the
  Public Utility Commission of Texas shall periodically update the
  Office of Public Utility Counsel on the anticipated contents of the
  memorandum of understanding under this section during the
  development of the memorandum.
         (f)  The Texas Commission on Environmental Quality and the
  Public Utility Commission of Texas shall appoint a transition team
  to accomplish the purposes of this section.  The transition team may
  consult with the Office of Public Utility Counsel to accomplish the
  purposes of this section.
         (g)  A rule, form, policy, procedure, or decision of the
  Public Utility Commission of Texas related to a power, duty,
  function, program, or activity transferred under this Act continues
  in effect as a rule, form, policy, procedure, or decision of the
  Texas Commission on Environmental Quality and remains in effect
  until amended or replaced by that agency.
         (h)  The memorandum required by this section must be
  completed by August 1, 2022.
         (i)  The Public Utility Commission of Texas and the Texas
  Commission on Environmental Quality shall adopt rules to implement
  the transfer of powers, duties, functions, programs, and activities
  as described by this Act not later than September 1, 2023.
         SECTION 2.  This Act takes effect September 1, 2021.
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