2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter D. Prohibited Relationships and Activities › Section 12.154. Prohibited Activities

Sec. 12.154.  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 public utility or affiliate; or
(B)  a person a significant portion of whose business consists of furnishing goods or services to public utilities or affiliates; or
(2)  accept a gift, gratuity, or entertainment from:
(A)  a public utility, affiliate, or direct competitor of a public utility;
(B)  a person a significant portion of whose business consists of furnishing goods or services to public utilities, affiliates, or direct competitors of 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 public utility or an agent, representative, attorney, employee, officer, owner, director, or partner of a public utility the appointment to a position or the employment of a person by the 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 public utility, affiliate, or direct competitor of a public utility;
(2)  a person who furnishes goods or services to a public utility, affiliate, or direct competitor of a 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 public utility, affiliate, or direct competitor of a public utility or a person furnishing goods or services to a public utility, affiliate, or direct competitor of a public utility may not aid, abet, or participate with a commissioner, commission employee, or former commission employee in conduct that violates Subsection (a)(3) 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 public utility, affiliate, or direct competitor of a 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 public utility product or service or equipment for use of a 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.04, eff. September 1, 2013.