Texas SB 857: Relating to the election of commissioners on the Public Utility Commission of Texas.

Bill Text

By:AAZaffirini S.B.ANo.A857
A BILL TO BE ENTITLED
AN ACT
relating to the election of commissioners on the Public Utility
Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAThe heading to Subchapter B, Chapter 12,
Utilities Code, is amended to read as follows:
SUBCHAPTER B. COMMISSION [APPOINTMENT AND] FUNCTIONS
SECTIONA2.AASection 12.051, Utilities Code, is amended to
read as follows:
Sec.A12.051.AAELECTION [APPOINTMENT]; TERM.
(a)AAThe commission is composed of three commissioners
elected by the qualified voters at a general election for State and
county officers appointed by the governor with the advice and
consent of the senate.
[(b)AAAn appointment to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.]
(b)A[(c)]AACommissioners serve [staggered,] six-year terms.
One commissioner shall be elected every two years.
SECTIONA3.AASection 12.052, Utilities Code is amended to
read as follows:
Sec.A12.052AAPRESIDING OFFICER. [(a)] The commissioners
[governor] shall elect [designate] a commissioner as the presiding
officer.
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[(b)AAThe presiding officer services in that capacity at the
pleasure of the governor.]
SECTIONA3.AASection 12.053, Utilities Code, is amended to
read as follows:
Sec.A12.053.AA[MEMBERSHIP] QUALIFICATIONS FOR OFFICE.
(a)AA[To be eligible for appointment, a] A commissioner must:
(1)AAbe a qualified voter; and
(2)AAbe at least 25 years of age. [a citizen of the
United States;]
[(3) be a competent and experienced administrator;
(4)AAbe well informed and qualified in the field of
public utilities and utility regulation; and
(5)AAhave at least five years of experience in the
administration of business or government or as a practicing
attorney or certified public accountant.
(b)AAA person is not eligible for appointment as a
commissioner if the person:
(1)AAat any time during the two years preceding
appointment:
(A)AApersonally 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)AAowned 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
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(2)AAis not qualified to serve under Section 12.151,
12.152, or 12.153.]
SECTIONA4.AASection 12.056, Utilities Code, is amended to
read as follows:
Sec.A12.056.AA[EFFECT OF] VACANCY.
(a)AAA vacancy or disqualification does not prevent the
remaining commissioner or commissioners from exercising the powers
of the commission.
(b)AAThe governor shall fill any vacancy by appointment until
the next general election.
SECTIONA4.AASection 52.092(c), Election Code, is amended to
read as follows:
(c)AAStatewide offices of the state government shall be
listed in the following order:
(1)AAgovernor;
(2)AAlieutenant governor;
(3)AAattorney general;
(4)AAcomptroller of public accounts;
(5)AAcommissioner of the General Land Office;
(6)AAcommissioner of agriculture;
(7)AArailroad commissioner;
(8)AApublic utility commissioner;
(9)A[(8)]AAchief justice, supreme court;
(10)A[(9)]AAjustice, supreme court;
(11)A[(10)]AApresiding judge, court of criminal
appeals;
(12)A[(11)]AAjudge, court of criminal appeals.
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SECTIONA5.AASection 554.401(d), Transportation Code, is
amended to read as follows:
(d)AAIn this section, "state official" means:
(1)AAa member of the legislature;
(2)AAthe governor;
(3)AAthe lieutenant governor;
(4)AAa justice of the supreme court;
(5)AAa judge of the court of criminal appeals;
(6)AAthe attorney general;
(7)AAthe commissioner of the General Land Office;
(8)AAthe comptroller;
(9)AAa member of the Railroad Commission of Texas;
(10)AAthe commissioner of agriculture;
(11)AAthe secretary of state; [or]
(12)AAa member of the Public Utility Commission of
Texas; or
(13)AAa member of the State Board of Education.
SECTIONA6.AAThe following sections of the Utilities Code are
repealed:
(1)AASec. 12.054;
(2)AASec. 12.055; and
(3)AASec. 12.059.
SECTIONA7.AA(a) The first general election for public
utility commissioner shall be held November 8, 2022, for a six-year
term beginning on January 1, 2023.
(b)AAThe second general election for public utility
commissioner shall be held November 5, 2024, for a six-year term
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beginning on January 1, 2025.
(c)AAThe third general election for public utility
commissioner shall be held November 3, 2026, for a six-year term
beginning on January 1, 2027.
(d)AANot later than January