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Texas Senate Committee Advances Bill To Revise Composition Of Texas PUC
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The Texas Senate Jurisprudence Committee has reported favorably without amendments SB 2154, which would change the composition of the Texas PUC
SB 2154 would revise the PUC to be five commissioners, versus the current three
Notably, SB 2154 provides that, not later than the 30th day after the
effective date of the bill, the governor shall appoint a person to
the Public Utility Commission of Texas to serve as the presiding
officer of the commission in accordance with Section 12.053,
Utilities Code, as amended by the bill.
In other words, depending on the speed of adoption and the vote margin (the bill's effective date is immediate upon a favorable vote of two-thirds of all the members elected to each house), the provision could compel an appointment while the Senate may still be in session (or a subsequent special session) and therefore the appointment would be subject to Senate confirmation (which is not required for appointment outside of session.
Under the bill, only three commissioners, including the presiding
officer, would be required to be, "well informed and qualified in the field of public
utilities and utility regulation." (a current requirement for all commissioners)
SB 2154 would require that commissioners have at least five years of experience:
(A) in the administration of business or
government or
(B) as a practicing attorney, [or] certified
public accountant, or professional engineer.
Under the bill, a person is not eligible for appointment as a
commissioner if the person at any time during the one year
preceding appointment:
(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
(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
Under current law, the restrictions under (A) and (B) apply for two years, not one year
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March 23, 2021
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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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