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AN ACT
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relating to the membership of the Public Utility Commission of |
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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 12.053, Utilities Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) To be eligible for appointment, a commissioner must: |
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(1) be a qualified voter; |
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(2) be a citizen of the United States; |
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(3) be a resident of this state; |
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(4) be a competent and experienced administrator; |
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[(4) be well informed and qualified in the field of |
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public utilities and utility regulation;] and |
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(5) have at least five years of experience: |
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(A) in the administration of business or |
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government; or |
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(B) as a practicing attorney, [or] certified |
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public accountant, or professional engineer. |
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(a-1) At least two commissioners must be well informed and |
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qualified in the field of public utilities and utility regulation. |
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(b) A person is not eligible for appointment as a |
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commissioner if the person: |
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(1) at any time during the one year [two years] |
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preceding appointment: |
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(A) personally served as an officer, director, |
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owner, employee, partner, or legal representative of a public |
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utility regulated by the commission or of an affiliate or direct |
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competitor of a public utility regulated by the commission; [or] |
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(B) owned or controlled, directly or indirectly, |
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more than a 10 percent interest in a public utility regulated by the |
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commission or in an affiliate or direct competitor of a public |
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utility regulated by the commission; or |
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(C) served as an executive officer listed under |
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Section 1, Article IV, Texas Constitution, other than the secretary |
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of state, or a member of the legislature; or |
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(2) is not qualified to serve under Section 12.151, |
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12.152, or 12.153. |
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SECTION 3. Subchapter B, Chapter 12, Utilities Code, is |
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amended by adding Section 12.060 to read as follows: |
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Sec. 12.060. FORMER COMMISSIONER: LOBBYING RESTRICTED. A |
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former member of the commission may not, before the first |
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anniversary of the date the member ceases to be a member of the |
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commission, engage in an activity before the commission that |
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requires registration under Chapter 305, Government Code. |
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SECTION 4. (a) Not later than the 30th day after the |
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effective date of this Act, the governor shall appoint a person to |
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the Public Utility Commission of Texas to serve as the presiding |
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officer of the commission in accordance with Section 12.053, |
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Utilities Code, as amended by this Act. |
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(b) In making appointments of commissioners to the Public |
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Utility Commission of Texas under Section 12.051, Utilities Code, |
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as amended by this Act, the governor shall assign staggered terms to |
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the commissioners appointed to fill vacancies and to the |
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commissioners appointed to new positions to ensure that the |
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requirements of Section 30a, Article XVI, Texas Constitution, are |
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met. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2154 passed the Senate on |
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March 25, 2021, by the following vote: Yeas 30, Nays 0; |
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May 25, 2021, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 27, 2021, House |
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granted request of the Senate; May 30, 2021, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2154 passed the House, with |
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amendments, on May 23, 2021, by the following vote: Yeas 145, |
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Nays 0, one present not voting; May 27, 2021, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 30, 2021, House adopted Conference Committee Report by the |
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following vote: Yeas 109, Nays 26, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |