Bill Text: TX SB2441 | 2023-2024 | 88th 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 and the Office of Public Utility Counsel to the Water Public Utility Commission and the Office of Water Public Utility Counsel; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Water, Agriculture, & Rural Affairs [SB2441 Detail]

Download: Texas-2023-SB2441-Introduced.html
  88R6989 DIO-D
 
  By: Perry S.B. No. 2441
 
 
 
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 and the Office of Public Utility Counsel to the
  Water Public Utility Commission and the Office of Water Public
  Utility Counsel; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.041(f), Water Code, is amended to
  read as follows:
         (f)  The commission shall hold a hearing on the complaint at
  the time and place stated in the order. It may hear evidence orally
  or by affidavit in support of or against the complaint, and it may
  hear arguments. The Water Public Utility Commission [utility
  commission] may participate in the hearing if necessary to present
  evidence on the price or rental demanded for the available water.
  On completion of the hearing, the commission shall render a written
  decision.
         SECTION 2.  Section 12.013(b), Water Code, is amended to
  read as follows:
         (b)  In this section:
               (1)  "Utility commission" means the Water Public
  Utility Commission.
               (2)  "Political[, "political] subdivision" means
  incorporated cities, towns or villages, counties, river
  authorities, water districts, and other special purpose districts.
         SECTION 3.  Section 13.002(22-a), Water Code, is amended to
  read as follows:
               (22-a)  "Utility commission" means the Water Public
  Utility Commission [of Texas].
         SECTION 4.  Section 13.017, Water Code, is amended to read as
  follows:
         Sec. 13.017.  OFFICE OF WATER PUBLIC UTILITY COUNSEL; POWERS
  AND DUTIES. (a) In this section, "counsellor" and "office" have
  the meanings assigned by Section 14A.002 [11.003, Utilities Code].
         (b)  The independent Office of Water Public Utility Counsel
  represents the interests of residential and small commercial
  consumers under this chapter. The office:
               (1)  shall assess the effect of utility rate changes
  and other regulatory actions on residential consumers in this
  state;
               (2)  shall advocate in the office's own name a position
  determined by the counsellor to be most advantageous to a
  substantial number of residential consumers;
               (3)  may appear or intervene, as a party or otherwise,
  as a matter of right on behalf of:
                     (A)  residential consumers, as a class, in any
  proceeding before the utility commission, including an alternative
  dispute resolution proceeding; and
                     (B)  small commercial consumers, as a class, in
  any proceeding in which the counsellor determines that small
  commercial consumers are in need of representation, including an
  alternative dispute resolution proceeding;
               (4)  may initiate or intervene as a matter of right or
  otherwise appear in a judicial proceeding:
                     (A)  that involves an action taken by an
  administrative agency in a proceeding, including an alternative
  dispute resolution proceeding, in which the counsellor is
  authorized to appear; or
                     (B)  in which the counsellor determines that
  residential consumers or small commercial consumers are in need of
  representation;
               (5)  is entitled to the same access as a party, other
  than utility commission staff, to records gathered by the utility
  commission under Section 13.133;
               (6)  is entitled to discovery of any nonprivileged
  matter that is relevant to the subject matter of a proceeding or
  petition before the utility commission;
               (7)  may represent an individual residential or small
  commercial consumer with respect to the consumer's disputed
  complaint concerning retail utility services that is unresolved
  before the utility commission;
               (8)  may recommend legislation to the legislature that
  the office determines would positively affect the interests of
  residential and small commercial consumers; and
               (9)  may conduct consumer outreach and education
  programs for residential and small commercial consumers.
         (c)  This section does not:
               (1)  affect a duty the office is required to perform
  under other law; or
               (2)  limit the authority of the utility commission to
  represent residential or small commercial consumers.
         (d)  The appearance of the counsellor in a proceeding does
  not preclude the appearance of other parties on behalf of
  residential or small commercial consumers. The counsellor may not
  be grouped with any other party.
         SECTION 5.  Subtitle B, Title 2, Water Code, is amended by
  adding Chapters 14 and 14A to read as follows:
  CHAPTER 14. WATER PUBLIC UTILITY COMMISSION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 14.001.  WATER PUBLIC UTILITY COMMISSION. The Water
  Public Utility Commission exercises the jurisdiction and powers
  conferred by this subtitle.
         Sec. 14.002.  DEFINITIONS. In this chapter:
               (1)  "Affiliate" has the meaning assigned by Section
  13.002.
               (2)  "Commission" means the Water Public Utility
  Commission.
               (3)  "Commissioner" means a member of the Water Public
  Utility Commission.
               (4)  "Executive director" means the executive director
  of the commission.
               (5)  "Retail public utility" has the meaning assigned
  by Section 13.002.
         Sec. 14.003.  COMMISSION OFFICE. (a) The principal office
  of the commission is in Austin.
         (b)  The commission's office shall be open daily during usual
  business hours. The commission's office is not required to be open
  on Saturday, Sunday, or a legal holiday.
         Sec. 14.004.  SEAL. (a) The commission has a seal bearing
  the inscription: "Water Public Utility Commission."
         (b)  The seal shall be affixed to each record and to an
  authentication of a copy of a record. The commission may require
  the seal to be affixed to other instruments.
         (c)  A court of this state shall take judicial notice of the
  seal.
         Sec. 14.005.  REPRESENTATION BY ATTORNEY GENERAL. The
  attorney general shall represent the commission in a matter before
  a state court, a court of the United States, or a federal public
  utility regulatory commission.
         Sec. 14.006.  APPLICATION OF SUNSET ACT. The Water Public
  Utility Commission is subject to Chapter 325, Government Code
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the commission is abolished September 1, 2035.
  SUBCHAPTER B. COMMISSION APPOINTMENT AND FUNCTIONS
         Sec. 14.051.  APPOINTMENT; TERM. (a) The commission is
  composed of five commissioners appointed by the governor with the
  advice and consent of the senate.
         (b)  An appointment to the commission shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         (c)  In making appointments to the commission, the governor
  shall appoint:
               (1)  one individual with expertise in rural retail
  public utilities;
               (2)  one individual with expertise in urban retail
  public utilities;
               (3)  one individual with expertise in financial matters
  of retail public utilities;
               (4)  one individual with expertise in legal matters of
  retail public utilities; and
               (5)  one individual with general expertise in retail
  public utilities.
         (d)  Commissioners serve staggered six-year terms.
         Sec. 14.052.  PRESIDING OFFICER. (a) The governor shall
  designate a commissioner as the presiding officer.
         (b)  The presiding officer serves in that capacity at the
  pleasure of the governor.
         Sec. 14.053.  PRESIDING OFFICER QUALIFICATIONS. The
  commissioner designated as the presiding officer must be a resident
  of this state.
         Sec. 14.054.  MEMBERSHIP QUALIFICATIONS. (a) To be
  eligible for appointment, a commissioner must:
               (1)  be a qualified voter;
               (2)  be a citizen of the United States;
               (3)  be a resident of this state; and
               (4)  be a competent and experienced administrator.
         (b)  A person is not eligible for appointment as a
  commissioner if the person:
               (1)  at any time during the one year preceding
  appointment:
                     (A)  personally served as an officer, director,
  owner, employee, partner, or legal representative of a retail
  public utility regulated by the commission or of an affiliate or
  direct competitor of a retail public utility regulated by the
  commission;
                     (B)  owned or controlled, directly or indirectly,
  more than a 10 percent interest in a retail public utility regulated
  by the commission or in an affiliate or direct competitor of a
  retail public utility regulated by the commission; or
                     (C)  served as an executive officer listed under
  Section 1, Article IV, Texas Constitution, other than the secretary
  of state, or a member of the legislature; or
               (2)  is not qualified to serve under Section 14.151,
  14.152, or 14.153.
         Sec. 14.055.  REMOVAL OF COMMISSIONER. (a) It is a ground
  for removal from the commission if a commissioner:
               (1)  does not have at the time of appointment or
  maintain during service on the commission the qualifications
  required by Section 14.053;
               (2)  violates a prohibition provided by Section 14.054
  or by Subchapter D;
               (3)  cannot discharge the commissioner's duties for a
  substantial part of the term for which the commissioner is
  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.
         (b)  The validity of an action of the commission is not
  affected by the fact that the action is taken when a ground for
  removal of a commissioner exists.
         (c)  If the executive director has knowledge that a potential
  ground for removal exists, the executive director shall notify the
  presiding officer of the commission of the potential ground. The
  presiding officer shall then notify the governor and the attorney
  general that a potential ground for removal exists. If the
  potential ground for removal involves the presiding officer, the
  executive director shall notify the next highest officer of the
  commission, who shall notify the governor and the attorney general
  that a potential ground for removal exists.
         Sec. 14.056.  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 appoint a successor.
         Sec. 14.057.  EFFECT OF VACANCY. A vacancy or
  disqualification does not prevent the remaining commissioner or
  commissioners from exercising the powers of the commission.
         Sec. 14.058.  COMPENSATION. The annual salary of the
  commissioners is determined by the legislature.
         Sec. 14.059.  MEETINGS. The commission shall hold meetings
  at its office and at other convenient places in this state as
  expedient and necessary for the proper performance of the
  commission's duties.
         Sec. 14.060.  TRAINING PROGRAM FOR COMMISSIONERS. (a)
  Before a commissioner may assume the commissioner's duties and
  before the commissioner may be confirmed by the 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
  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 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.
         Sec. 14.061.  FORMER COMMISSIONER: LOBBYING RESTRICTED. A
  former member of the commission may not, before the first
  anniversary of the date the member ceases to be a member of the
  commission, engage in an activity before the commission that
  requires registration under Chapter 305, Government Code.
  SUBCHAPTER C. COMMISSION PERSONNEL
         Sec. 14.101.  COMMISSION EMPLOYEES. The commission shall
  employ:
               (1)  an executive director; and
               (2)  officers and other employees the commission
  considers necessary to administer this subtitle.
         Sec. 14.102.  DUTIES OF EMPLOYEES. The commission shall
  develop and implement policies that clearly separate the
  policymaking responsibilities of the commission and the management
  responsibilities of the commission employees.
         Sec. 14.103.  DUTIES OF EXECUTIVE DIRECTOR. The executive
  director is responsible for the daily operations of the commission
  and shall coordinate the activities of commission employees.
         Sec. 14.104.  CAREER LADDER PROGRAM; PERFORMANCE
  EVALUATIONS; MERIT PAY. (a) The executive director or the
  executive director's designee shall develop an intra-agency career
  ladder program that addresses opportunities for mobility and
  advancement for commission employees. The program shall require
  intra-agency posting of each position concurrently with any public
  posting.
         (b)  The executive director or the executive director's
  designee shall develop a system of annual performance evaluations
  that are based on documented employee performance. Merit pay for
  commission employees must be based on the system established under
  this subsection.
         Sec. 14.105.  EQUAL EMPLOYMENT OPPORTUNITY POLICY
  STATEMENT. (a) The executive director or the executive director's
  designee shall prepare and maintain a written policy statement to
  ensure implementation of a program of equal employment opportunity
  under which all personnel transactions are made without regard to
  race, color, disability, sex, religion, age, or national origin.
         (b)  The policy statement under Subsection (a) must include:
               (1)  personnel policies, including policies related to
  recruitment, evaluation, selection, appointment, training, and
  promotion of personnel, that are in compliance with the
  requirements of Chapter 21, Labor Code;
               (2)  a comprehensive analysis of the commission
  workforce that meets federal and state guidelines;
               (3)  procedures by which a determination can be made
  about the extent of underuse in the commission workforce of all
  persons for whom federal or state guidelines encourage a more
  equitable balance; and
               (4)  reasonable methods to appropriately address the
  underuse.
         (c)  A policy statement prepared under Subsection (b) must:
               (1)  cover an annual period;
               (2)  be updated at least annually;
               (3)  be reviewed by the Civil Rights Division of the
  Texas Workforce Commission for compliance with Subsection (b)(1);
  and
               (4)  be filed with the governor's office.
         (d)  The governor's office shall deliver a biennial report to
  the legislature based on the information received under Subsection
  (c). The report may be made separately or as a part of other
  biennial reports to the legislature.
  SUBCHAPTER D. PROHIBITED RELATIONSHIPS AND ACTIVITIES
         Sec. 14.151.  REGISTERED LOBBYIST. A person required to
  register as a lobbyist under Chapter 305, Government Code, because
  of the person's activities for compensation on behalf of a
  profession related to the operation of the commission may not serve
  as a commissioner.
         Sec. 14.152.  CONFLICT OF INTEREST. (a) A person is not
  eligible for appointment as a commissioner or employment as
  executive director of the commission if:
               (1)  the person serves on the board of directors of a
  company that supplies utility-related services or utility-related
  products to regulated or unregulated retail public 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 retail public utility competitor or
  supplier or another 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 appointment is in a
  single retail public utility, retail public utility competitor, or
  retail public 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 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.
         Sec. 14.153.  RELATIONSHIP WITH TRADE ASSOCIATION. A person
  may not serve as a commissioner or be a commission employee who is
  employed in a "bona fide executive, administrative, or professional
  capacity," as that phrase is used for purposes of establishing an
  exemption to the overtime provisions of the federal Fair Labor
  Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if the person
  is:
               (1)  an officer, employee, or paid consultant of a
  trade association; or
               (2)  the spouse of an officer, manager, or paid
  consultant of a trade association.
         Sec. 14.154.  PROHIBITED ACTIVITIES. (a) During the period
  of service with the commission, a commissioner or commission
  employee may not:
               (1)  have a pecuniary interest, including an interest
  as an officer, director, partner, owner, employee, attorney, or
  consultant, in:
                     (A)  a retail public utility or affiliate; or
                     (B)  a person a significant portion of whose
  business consists of furnishing goods or services to retail public
  utilities or affiliates; or
               (2)  accept a gift, gratuity, or entertainment from:
                     (A)  a retail public utility, affiliate, or direct
  competitor of a retail public utility;
                     (B)  a person a significant portion of whose
  business consists of furnishing goods or services to retail public
  utilities, affiliates, or direct competitors of retail public
  utilities; or
                     (C)  an agent, representative, attorney,
  employee, officer, owner, director, or partner of a person
  described by Paragraph (A) or (B).
         (b)  A commissioner or a commission employee may not directly
  or indirectly solicit, request from, or suggest or recommend to a
  retail public utility or an agent, representative, attorney,
  employee, officer, owner, director, or partner of a retail public
  utility the appointment to a position or the employment of a person
  by the retail public utility or affiliate.
         (c)  A person may not give or offer to give a gift, gratuity,
  employment, or entertainment to a commissioner or commission
  employee if that person is:
               (1)  a retail public utility, affiliate, or direct
  competitor of a retail public utility;
               (2)  a person who furnishes goods or services to a
  retail public utility, affiliate, or direct competitor of a retail
  public utility; or
               (3)  an agent, representative, attorney, employee,
  officer, owner, director, or partner of a person described by
  Subdivision (1) or (2).
         (d)  A retail public utility, affiliate, or direct
  competitor of a retail public utility or a person furnishing goods
  or services to a retail public utility, affiliate, or direct
  competitor of a retail public utility may not aid, abet, or
  participate with a commissioner, commission employee, or former
  commission employee in conduct that violates Subsection (a)(2) or
  (c).
         (e)  Subsection (a)(1) does not apply to an interest in a
  nonprofit group or association, other than a trade association,
  that is solely supported by gratuitous contributions of money,
  property, or services.
         (f)  It is not a violation of this section if a commissioner
  or commission employee, on becoming the owner of stocks, bonds, or
  another pecuniary interest in a retail public utility, affiliate,
  or direct competitor of a retail public utility otherwise than
  voluntarily, informs the commission and the attorney general of the
  ownership and divests the ownership or interest within a reasonable
  time.
         (g)  It is not a violation of this section if a pecuniary
  interest is held indirectly by ownership of an interest in a
  retirement system, institution, or fund that in the normal course
  of business invests in diverse securities independently of the
  control of the commissioner or commission employee.
         (h)  This section does not apply to a contract for a retail
  public utility product or service or equipment for use of a retail
  public utility product when a commissioner or commission employee
  is acting as a consumer.
         (i)  In this section, a "pecuniary interest" includes
  income, compensation, and payment of any kind, in addition to an
  ownership interest.
         Sec. 14.155.  PROHIBITION ON EMPLOYMENT OR REPRESENTATION.
  (a) A commissioner, a commission employee, or an employee of the
  State Office of Administrative Hearings involved in hearing cases
  for the commission may not:
               (1)  be employed by a retail public utility that was in
  the scope of the commissioner's or employee's official
  responsibility while the commissioner or employee was associated
  with the commission or the State Office of Administrative Hearings;
  or
               (2)  represent a person before the commission or State
  Office of Administrative Hearings or a court in a matter:
                     (A)  in which the commissioner or employee was
  personally involved while associated with the commission or State
  Office of Administrative Hearings; or
                     (B)  that was within the commissioner's or
  employee's official responsibility while the commissioner or
  employee was associated with the commission or State Office of
  Administrative Hearings.
         (b)  The prohibition of Subsection (a)(1) applies until the:
               (1)  second anniversary of the date the commissioner
  ceases to serve as a commissioner; and
               (2)  first anniversary of the date the employee's
  employment with the commission or State Office of Administrative
  Hearings ceases.
         (c)  The prohibition of Subsection (a)(2) applies while a
  commissioner, commission employee, or employee of the State Office
  of Administrative Hearings involved in hearing utility cases is
  associated with the commission or State Office of Administrative
  Hearings and at any time after.
         Sec. 14.156.  QUALIFICATIONS AND STANDARDS OF CONDUCT
  INFORMATION. The executive director or the executive director's
  designee shall provide to commissioners and commission employees as
  often as necessary information regarding their:
               (1)  qualifications for office or employment under this
  chapter; and
               (2)  responsibilities under applicable laws relating
  to standards of conduct for state officers and employees.
  SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND REPORTS
         Sec. 14.201.  PUBLIC INTEREST INFORMATION. (a) The
  commission shall prepare information of public interest describing
  the functions of the commission and the commission's procedures by
  which a complaint is filed with and resolved by the commission. The
  commission shall make the information available to the public and
  appropriate state agencies.
         (b)  The commission by rule shall establish methods by which
  consumers and service recipients are notified of the name, mailing
  address, and telephone number of the commission for the purpose of
  directing complaints to the commission.
         Sec. 14.202.  PUBLIC PARTICIPATION. (a) The commission
  shall develop and implement policies that provide the public with a
  reasonable opportunity to appear before the commission and to speak
  on any issue under the jurisdiction of the commission.
         (b)  The commission shall comply with federal and state laws
  related to program and facility accessibility.
         (c)  The commission shall prepare and maintain a written plan
  that describes how a person who does not speak English may be
  provided reasonable access to the commission's programs and
  services.
         Sec. 14.203.  BIENNIAL REPORT. Not later than January 15 of
  each odd-numbered year, the commission shall prepare a written
  report that includes suggestions regarding modification and
  improvement of the commission's statutory authority and for the
  improvement of retail public utility regulation in general that the
  commission considers appropriate for protecting and furthering the
  interest of the public.
         Sec. 14.204.  INTERNET FOR HEARINGS AND MEETINGS. The
  commission shall make publicly accessible without charge live
  Internet video of all public hearings and meetings the commission
  holds for viewing from the commission's Internet website. The
  commission may recover the costs of administering this section by
  imposing an assessment against a retail public utility.
  CHAPTER 14A. OFFICE OF WATER PUBLIC UTILITY COUNSEL
  SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
         Sec. 14A.001.  OFFICE OF WATER PUBLIC UTILITY COUNSEL. The
  independent office of water public utility counsel represents the
  interests of residential and small commercial consumers.
         Sec. 14A.002.  DEFINITIONS. In this chapter:
               (1)  "Commission" has the meaning assigned by Section
  14.002.
               (2)  "Counsellor" means the water public utility
  counsel.
               (3)  "Office" means the Office of Water Public Utility
  Counsel.
               (4)  "Proceeding" has the meaning assigned by Section
  13.002.
         Sec. 14A.003.  APPLICATION OF SUNSET ACT. The Office of
  Water Public Utility Counsel is subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the office is abolished September 1, 2035.
         Sec. 14A.004.  OFFICE POWERS AND DUTIES. The office has the
  powers and duties assigned by Section 13.017.
         Sec. 14A.005.  ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
  (a) The counsellor shall develop and implement a policy to
  encourage the use of appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal disputes under the office's jurisdiction.
         (b)  The office's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The counsellor shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for alternative dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the office.
         Sec. 14A.006.  COMPLAINTS. (a) The office shall maintain a
  system to promptly and efficiently act on complaints filed with the
  office that the office has the authority to resolve. The office
  shall maintain information about parties to the complaint, the
  subject matter of the complaint, a summary of the results of the
  review or investigation of the complaint, and its disposition.
         (b)  The office shall make information available describing
  its procedures for complaint investigation and resolution.
         (c)  The office shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
         Sec. 14A.007.  TECHNOLOGY POLICY. The counsellor shall
  implement a policy requiring the office to use appropriate
  technological solutions to improve the office's ability to perform
  its functions. The policy must ensure that the public is able to
  interact with the office on the Internet.
  SUBCHAPTER B. WATER PUBLIC UTILITY COUNSEL
         Sec. 14A.021.  APPOINTMENT; TERM. (a) The chief executive
  of the office is the counsellor.
         (b)  The counsellor is appointed by the governor with the
  advice and consent of the senate.
         (c)  The appointment of the counsellor shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         (d)  The counsellor serves a two-year term that expires on
  February 1 of the final year of the term.
         Sec. 14A.022.  QUALIFICATIONS. (a) The counsellor must:
               (1)  be licensed to practice law in this state and a
  resident of this state;
               (2)  have demonstrated a strong commitment to and
  involvement in efforts to safeguard the rights of the public; and
               (3)  possess the knowledge and experience necessary to
  practice effectively in utility proceedings.
         (b)  A person is not eligible for appointment as counsellor
  if:
               (1)  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 or a pecuniary interest with a value
  exceeding $10,000 in:
                           (i)  a business entity or other organization
  that is regulated by or receives funds from the commission or the
  office; or
                           (ii)  a retail public utility competitor,
  retail public 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 or the
  office, other than compensation or reimbursement authorized by law
  for service as counsellor or 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 is in a single retail public utility,
  retail public utility competitor, or retail public utility supplier
  in this state and the person does not disclose this information to
  the governor, senate, or other entity, as appropriate; or
               (2)  the person is not qualified to serve under Section
  14A.042.
         (c)  A person otherwise ineligible because of Subsection
  (b)(1)(B) may be appointed and serve as counsellor if the person:
               (1)  notifies the attorney general and commission that
  the person is ineligible because of Subsection (b)(1)(B); and
               (2)  divests the person or the person's spouse of the
  ownership or control:
                     (A)  before beginning service; or
                     (B)  if the person is already serving, within a
  reasonable time.
         Sec. 14A.023.  GROUNDS FOR REMOVAL. (a) It is a ground for
  removal from office if the counsellor:
               (1)  does not have at the time of taking office or
  maintain during service as counsellor the qualifications required
  by Section 14A.022;
               (2)  is ineligible for service as counsellor under
  Section 14A.022, 14A.042, or 14A.043; or
               (3)  cannot discharge the counsellor's duties for a
  substantial part of the term for which the counsellor is appointed
  because of illness or disability.
         (b)  The validity of an action of the office is not affected
  by the fact that the action is taken when a ground for removal of the
  counsellor exists.
         (c)  If an employee has knowledge that a potential ground for
  removal of the counsellor exists, the employee shall notify the
  next highest ranking employee of the office, other than the
  counsellor, who shall then notify the governor and the attorney
  general that a potential ground for removal exists.
         Sec. 14A.024.  PROHIBITED ACTS. (a) The counsellor may not
  have a direct or indirect interest in a retail public utility
  company regulated under this subtitle, its parent, or its
  subsidiary companies, corporations, or cooperatives or a retail
  public utility competitor, retail public utility supplier, or other
  entity affected in a manner other than by the setting of rates for
  that class of customer.
         (b)  The prohibition under Subsection (a) applies during the
  period of the counsellor's service.
  SUBCHAPTER C. OFFICE PERSONNEL
         Sec. 14A.041.  PERSONNEL. The counsellor may employ
  lawyers, economists, engineers, consultants, statisticians,
  accountants, clerical staff, and other employees as the counsellor
  considers necessary to carry out this chapter.
         Sec. 14A.042.  CONFLICT OF INTEREST. (a) In this section,
  "Texas trade association" means a cooperative and voluntarily
  joined statewide association of business or professional
  competitors in this state designed to assist its members and its
  industry or profession in dealing with mutual business or
  professional problems and in promoting their common interest.
         (b)  A person may not serve as counsellor or be an employee of
  the office employed in a "bona fide executive, administrative, or
  professional capacity," as that phrase is used for purposes of
  establishing an exemption to the overtime provisions of the federal
  Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if
  the person is:
               (1)  an officer, employee, or paid consultant of a
  Texas trade association in the field of retail public utilities; or
               (2)  the spouse of an officer, manager, or paid
  consultant of a Texas trade association in the field of retail
  public utilities.
         (c)  A person may not serve as counsellor or act as the
  general counsel to the office if the person is required to register
  as a lobbyist under Chapter 305, Government Code, because of the
  person's activities for compensation on behalf of a profession
  related to the operation of the office.
         Sec. 14A.043.  PROHIBITION ON EMPLOYMENT OR REPRESENTATION.
  (a) A former counsel may not make any communication to or
  appearance before the commission or an officer or employee of the
  commission before the second anniversary of the date the person
  ceases to serve as counsel if the communication or appearance is
  made:
               (1)  on behalf of another person in connection with any
  matter on which the person seeks official action; or
               (2)  with the intent to influence a commission decision
  or action, unless acting on the person's own behalf and without
  remuneration.
         (b)  A former counsel may not represent any person or receive
  compensation for services rendered on behalf of any person
  regarding a matter before the commission before the second
  anniversary of the date the person ceases to serve as counsel.
         (c)  A person commits an offense if the person violates this
  section. An offense under this subsection is a Class A misdemeanor.
         (d)  An employee of the office may not:
               (1)  be employed by a retail public utility that was in
  the scope of the employee's official responsibility while the
  employee was associated with the office; or
               (2)  represent a person before the commission or a
  court in a matter:
                     (A)  in which the employee was personally involved
  while associated with the office; or
                     (B)  that was within the employee's official
  responsibility while the employee was associated with the office.
         (e)  The prohibition of Subsection (d)(1) applies until the
  first anniversary of the date the employee's employment with the
  office ceases.
         (f)  The prohibition of Subsection (d)(2) applies while an
  employee of the office is associated with the office and at any time
  after.
         (g)  For purposes of this section, "person" includes a water
  cooperative.
         Sec. 14A.044.  CAREER LADDER PROGRAM; PERFORMANCE
  EVALUATIONS; MERIT PAY. (a) The counsellor or the counsellor's
  designee shall develop an intra-agency career ladder program that
  addresses opportunities for mobility and advancement for office
  employees. The program shall require intra-agency postings of each
  position concurrently with any public posting.
         (b)  The counsellor or the counsellor's designee shall
  develop a system of annual performance evaluations that are based
  on documented employee performance. Merit pay for office employees
  must be based on the system established under this subsection.
         Sec. 14A.045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY
  STATEMENT. (a) The counsellor or the counsellor's designee shall
  prepare and maintain a written policy statement to ensure
  implementation of a program of equal employment opportunity under
  which all personnel transactions are made without regard to race,
  color, disability, sex, religion, age, or national origin.
         (b)  The policy statement under Subsection (a) must include:
               (1)  personnel policies, including policies related to
  recruitment, evaluation, selection, appointment, training, and
  promotion of personnel, that are in compliance with the
  requirements of Chapter 21, Labor Code;
               (2)  a comprehensive analysis of the office workforce
  that meets federal and state guidelines;
               (3)  procedures by which a determination can be made
  about the extent of underuse in the office workforce of all persons
  for whom federal or state guidelines encourage a more equitable
  balance; and
               (4)  reasonable methods to appropriately address the
  underuse.
         (c)  A policy statement prepared under Subsection (b) must:
               (1)  cover an annual period;
               (2)  be updated at least annually;
               (3)  be reviewed by the Civil Rights Division of the
  Texas Workforce Commission for compliance with Subsection (b)(1);
  and
               (4)  be filed with the governor's office.
         (d)  The governor's office shall deliver a biennial report to
  the legislature based on the information received under Subsection
  (c). The report may be made separately or as a part of other
  biennial reports to the legislature.
         Sec. 14A.046.  QUALIFICATIONS AND STANDARDS OF CONDUCT
  INFORMATION. The office shall provide to office employees as often
  as necessary information regarding their:
               (1)  qualifications for employment under this chapter;
  and
               (2)  responsibilities under applicable laws relating
  to standards of conduct for employees.
  SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND REPORTS
         Sec. 14A.061.  PUBLIC INTEREST INFORMATION. The office
  shall prepare information of public interest describing the
  functions of the office. The office shall make the information
  available to the public and appropriate state agencies.
         Sec. 14A.062.  PUBLIC PARTICIPATION. (a) The office shall
  comply with federal and state laws related to program and facility
  accessibility.
         (b)  The office shall prepare and maintain a written plan
  that describes how a person who does not speak English may be
  provided reasonable access to the office's programs and services.
         Sec. 14A.063.  ANNUAL REPORT. The office shall prepare
  annually a report on the office's activities during the preceding
  year and submit the report to the standing legislative committees
  that have jurisdiction over the office, the house appropriations
  committee, and the senate finance committee. At a minimum, the
  report must include:
               (1)  a list of the types of activities conducted by the
  office and the time spent by the office on each activity;
               (2)  the number of hours billed by the office for
  representing residential or small commercial consumers in
  proceedings;
               (3)  the number of staff positions and the type of work
  performed by each position; and
               (4)  the office's rate of success in representing
  residential or small commercial consumers in appealing commission
  decisions.
         Sec. 14A.064.  PUBLIC HEARING. (a) The office annually
  shall conduct a public hearing to assist the office in developing a
  plan of priorities and to give the public, including residential
  and small commercial consumers, an opportunity to comment on the
  office's functions and effectiveness.
         (b)  A public hearing held under this section is not subject
  to Chapter 551, Government Code.
         (c)  The office shall file notice of a public hearing held
  under this section with the secretary of state for publication in
  the Texas Register.
         SECTION 6.  Section 49.352(c), Water Code, is amended to
  read as follows:
         (c)  For purposes of this section, a municipality may obtain
  single certification in the manner provided by Section 13.255,
  except that the municipality may file an application with the Water
  Public Utility Commission [of Texas] to grant single certification
  immediately after the municipality provides notice of intent to
  provide service as required by Section 13.255(b).
         SECTION 7.  Section 2003.049, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The office shall perform contested case hearings for:
               (1)  the Public Utility Commission of Texas as
  prescribed by the Public Utility Regulatory Act of 1995 and other
  applicable law; and
               (2)  the Water Public Utility Commission as prescribed
  by Subtitle B, Title 2, Water Code.
         (a-1)  In this section, "commission" means the Public
  Utility Commission of Texas or the Water Public Utility Commission.
         SECTION 8.  Section 7201.004(b), Special District Local Laws
  Code, is amended to read as follows:
         (b)  This section does not apply to:
               (1)  rules or regulations concerning potable water
  quality standards; or
               (2)  conflicts relating to service areas or
  certificates issued to the corporation or district by the Water
  Public Utility Commission or a predecessor agency [of Texas or the
  Texas Commission on Environmental Quality].
         SECTION 9.  Section 7201.005(c), Special District Local Laws
  Code, is amended to read as follows:
         (c)  District boundaries may be modified in accordance with
  Chapters 13 and 49, Water Code, except that the boundaries must
  include all territory in any area included under a certificate of
  convenience and necessity issued by the Water Public Utility
  Commission or a predecessor agency [of Texas or the Texas
  Commission on Environmental Quality to the district].
         SECTION 10.  Section 7201.102, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 7201.102.  PROVISION OF SERVICE. The district shall at
  all times operate and construct necessary improvements within the
  certificated areas established by the Water Public Utility
  Commission or a predecessor agency [of Texas or the Texas
  Commission on Environmental Quality] to provide uninterrupted,
  continuous, and adequate service to existing and future customers
  for water, sewer, and contract services.
         SECTION 11.  Section 7886.0101(4), Special District Local
  Laws Code, is amended to read as follows:
               (4)  "Utility commission" means the Water Public
  Utility Commission [of Texas].
         SECTION 12.  Section 7958.0101(6), Special District Local
  Laws Code, is amended to read as follows:
               (6)  "Utility commission" means the Water Public
  Utility Commission [of Texas].
         SECTION 13.  Section 8281.103, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8281.103.  LIMITATION ON PROVIDING WATER TO CERTAIN
  USERS. Notwithstanding any other provision of this chapter, the
  district may not compete with the City of Mabank in providing water
  to household users unless the district receives permission from the
  Water Public Utility Commission [of Texas], with the consent of
  that city.
         SECTION 14.  Section 8363.106(b), Special District Local
  Laws Code, is amended to read as follows:
         (b)  In relation to a retail public utility that provides
  water or sewer service to all or part of the area of the district
  under a certificate of public convenience and necessity, the
  district may exercise the powers given to a municipality provided
  by Section 13.255, Water Code, as if the district were a
  municipality that had annexed the area of the district. The Water
  Public Utility Commission [of Texas] shall grant single
  certification as to the city as provided by Section 13.255(c),
  Water Code, in the event that the district applies for the
  certification on the city's behalf in the manner provided by
  Section 13.255(b), Water Code.
         SECTION 15.  Section 8363.251(a), Special District Local
  Laws Code, is amended to read as follows:
         (a)  The city may dissolve the district by ordinance after
  provision is made for all debts incurred by the district if one or
  more of the following does not occur:
               (1)  on or before the 90th day after the effective date
  of the Act enacting this chapter, the city receives one or more
  petitions requesting annexation of all territory in the district
  remaining in the extraterritorial jurisdiction of the city;
               (2)  on or before the last day of the ninth month after
  the effective date of the Act enacting this chapter, the city adopts
  one or more ordinances annexing all territory in the district
  remaining in the city's extraterritorial jurisdiction;
               (3)  on or before the last day of the third year after
  the effective date of the Act enacting this chapter, the Water
  Public Utility Commission [of Texas] issues an order approving the
  sale and transfer of a certificate of public convenience and
  necessity authorizing the city to provide retail water service to
  territory in the district; or
               (4)  by the end of the fifth year after the effective
  date of the Act enacting this chapter, the district has completed
  construction of internal streets and water and sanitary sewer
  facilities sufficient to serve at least 100 residential lots in the
  district.
         SECTION 16.  Section 8801.201, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8801.201.  APPEAL OF SURFACE WATER RATES. (a) A person
  who is required to convert to surface water under this chapter and
  who purchases that water supply wholesale from a political
  subdivision as defined by Section 12.013(b), Water Code, may appeal
  to the Water Public Utility Commission [of Texas] the rates the
  political subdivision charges to the person. Chapter 12, Water
  Code, and rules adopted under that chapter apply to an appeal under
  this section.
         (b)  The Water Public Utility Commission [of Texas] shall
  hear the appeal not later than the 180th day after the date the
  appeal is filed.
         (c)  The Water Public Utility Commission [of Texas] shall
  issue a final decision on the appeal not later than the 60th day
  after the date the hearing ends.
         SECTION 17.  Section 8803.151(1), Special District Local
  Laws Code, is amended to read as follows:
               (1)  "Commission" means the Water Public Utility
  Commission [of Texas].
         SECTION 18.  Section 8808.151(1), Special District Local
  Laws Code, is amended to read as follows:
               (1)  "Commission" means the Water Public Utility
  Commission [of Texas].
         SECTION 19.  Section 11002.151, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 11002.151.  DEFINITION. In this subchapter, "receiving
  entity" means the entity that holds a certificate of convenience
  and necessity issued by the Water Public Utility Commission [of
  Texas] for the territory included in the district.
         SECTION 20.  Section 11.002(21), Water Code, is repealed.
         SECTION 21.  (a)  On September 1, 2024, the following are
  transferred from the Public Utility Commission of Texas to the
  Water Public Utility Commission:
               (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, as provided by this Act;
               (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 Public Utility Commission of Texas shall continue to
  carry out that commission's duties related to the economic
  regulation of water and sewer service under the law as it existed
  immediately before the effective date of this Act until September
  1, 2024, and the former law is continued in effect for that purpose.
         (c)  The Public Utility Commission of Texas and the Water
  Public Utility Commission 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 that commission's powers and duties directly
  related to the economic regulation of water and sewer service; 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 from
  the Public Utility Commission of Texas to the Water Public Utility
  Commission.
         (d)  The memorandum of understanding under this section:
               (1)  is not required to be adopted by rule; and
               (2)  must be completed by August 1, 2024.
         (e)  The executive directors of the Public Utility
  Commission of Texas and the Water Public Utility Commission may
  agree in the memorandum of understanding under this section to
  transfer to the Water Public Utility Commission 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.
         (f)  On or after September 1, 2023, the Office of Water
  Public Utility Counsel may initiate or intervene in a contested
  case before the Public Utility Commission of Texas that the office
  would be entitled to initiate or intervene in if the case were
  before the Water Public Utility Commission, as authorized by
  Chapter 14A, Water Code, as added by this Act.
         (g)  The Public Utility Commission of Texas and the Water
  Public Utility Commission shall appoint a transition team to
  accomplish the purposes of this section. The transition team may
  consult with the Office of Public Utility Counsel and the Office of
  Water Public Utility Counsel to accomplish the purposes of this
  section.
         (h)  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
  Water Public Utility Commission and remains in effect until amended
  or replaced by that agency. Notwithstanding any other law,
  beginning September 1, 2023, the Water Public Utility Commission
  may propose rules, forms, policies, and procedures related to a
  function to be transferred to the Water Public Utility Commission
  under this Act.
         (i)  The Public Utility Commission of Texas and the Water
  Public Utility Commission shall adopt rules to implement the
  changes in law made by this Act not later than September 1, 2025.
         SECTION 22.  This Act takes effect September 1, 2023.
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