reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.055. Grounds for Removal

Sec. 1006.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the authority if a member:
(1)  does not have at the time of appointment the qualifications required by Section 1006.051(b) or is disqualified under Section 1006.052;
(2)  does not maintain during service on the authority the qualifications required by Section 1006.051(b) or becomes disqualified under Section 1006.052;
(3)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(4)  is absent from more than half of the regularly scheduled authority meetings that the member is eligible to attend during a calendar year.
(b)  The validity of an action of the authority is not affected by the fact that it is taken when a ground for removal of a member of the authority 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 authority 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 authority, who shall notify the governor and the attorney general that a potential ground for removal exists.
Transferred, redesignated and amended from Vernon's Civil Statutes, Sections 3(f), (g), and (h), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.09, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.056. Information on Qualifications and Conduct

Sec. 1006.056.  INFORMATION ON QUALIFICATIONS AND CONDUCT.   The executive director or the executive director's designee shall provide to members of the authority, as often as necessary, information regarding the members' qualifications for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 3(l), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.09, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.057. Member Training

Sec. 1006.057.  MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the authority may not vote, deliberate, or be counted as a member in attendance at a meeting of the authority until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing authority operations;
(2)  the programs, functions, rules, and budget of the authority;
(3)  the scope of and limitations on the rulemaking authority of the authority;
(4)   the results of the most recent formal audit of the authority;
(5)  the requirements of:
(A)  laws relating to open meetings, public information,  administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the authority in performing their duties; and
(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the authority 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.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the authority.  Each member of the authority shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Transferred, redesignated and amended from Vernon's Civil Statutes, Sections 5(c), (d), and (e), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.10, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.058. Reimbursement for Expenses

Sec. 1006.058.  REIMBURSEMENT FOR EXPENSES.  A member of the authority is not entitled to compensation for service on the authority but is entitled to reimbursement for expenses incurred in performing the member's duties at the rate provided by the General Appropriations Act.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 4, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.11, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.059. Personnel and Services

Sec. 1006.059.  PERSONNEL AND SERVICES.  (a)  The authority may be provided various services only by or through the department as needed to carry out the authority's purposes, powers, and duties.  These services may include legal services not provided by the attorney general, fiscal services, administrative services, and personnel services.
(b)  The department shall provide personnel and services to the authority as agreed by the authority and the department.
Transferred, redesignated and amended from Vernon's Civil Statutes, Sections 6(e) and (f), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.12, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.060. Division of Responsibilities

Sec. 1006.060.  DIVISION OF RESPONSIBILITIES.   The authority shall, in coordination with the department, develop and implement policies that clearly separate the policymaking responsibilities of the authority and the management responsibilities of the department.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 6(g), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.12, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.061. Meetings

Sec. 1006.061.  MEETINGS.  The authority shall meet at the call of the presiding officer or at the call of four members.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 5(b), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.13, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.062. Public Testimony

Sec. 1006.062.  PUBLIC TESTIMONY.   The authority shall develop and implement policies that provide the public with a reasonable opportunity to appear before the authority and to speak on any issue under the jurisdiction of the authority.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 6(h), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.14, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter B. Composition and Administration › Section 1006.063. Lobbyist Prohibition: General Counsel

Sec. 1006.063.  LOBBYIST PROHIBITION:  GENERAL COUNSEL.  A person may not act as the general counsel to the authority 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 motor vehicle insurance or law enforcement.
Added by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.15, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter C. Powers and Duties › Section 1006.101. General Powers and Duties

Sec. 1006.101.  GENERAL POWERS AND DUTIES.  (a)  The authority shall adopt rules to implement the authority's powers and duties.
(b)  The authority may solicit and accept gifts and grants.
(c)  The authority may only use staff of the department and may delegate authority to the staff as needed.
(d)  Not later than April 1 of each year, the authority shall report on the authority's activities to the lieutenant governor and the speaker of the house of representatives.
Transferred, redesignated and amended from Vernon's Civil Statutes, Sections 6(a), (b), (c), and (d), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.17, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter C. Powers and Duties › Section 1006.102. Plan of Operation

Sec. 1006.102.  PLAN OF OPERATION.  (a)  The authority shall develop and implement a plan of operation.  The plan of operation must be updated biennially and filed with the legislature not later than December 1 of each even-numbered year.
(b)  The plan of operation must include:
(1)  an assessment of the scope of the problems of motor vehicle burglary or theft and fraud-related motor vehicle crime, including particular areas of the state where the problems are greatest;
(2)  an analysis of various methods of combating the problems of motor vehicle burglary or theft and fraud-related motor vehicle crime;
(3)  a plan for providing financial support to combat motor vehicle burglary or theft and fraud-related motor vehicle crime; and
(4)  an estimate of the funds required to implement the plan of operation.
Reenacted, transferred, redesignated and amended from Vernon's Civil Statutes, Section 7, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.18, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter C. Powers and Duties › Section 1006.103. Advisory Committees

Sec. 1006.103.  ADVISORY COMMITTEES.  (a)  The authority may establish advisory committees to advise the authority on any matter under the jurisdiction of the authority.
(b)  Section 2110.008, Government Code, does not apply to an advisory committee established under this section if the advisory committee is:
(1)  established for a specific and immediate need; and
(2)  dissolved before the first anniversary of the date the committee is created.
(c)  A member of an advisory committee may not be compensated by the authority for committee service but is entitled to reimbursement for actual and necessary expenses incurred in the performance of committee service.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 12, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.19, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter D. Financial Provisions › Section 1006.151. Grants

Sec. 1006.151.  GRANTS.  (a)  Subject to the requirements of this section, the authority may enter into contracts in the authority's own name and on the authority's own behalf with recipients of grants for purposes of this chapter.
(b)  The authority shall:
(1)  develop and periodically update standard performance measures for each category of grants provided by the authority for use in assessing grantee success in achieving the purposes of this chapter; and
(2)  ensure that grants are used to help increase:
(A)  the recovery rate of stolen motor vehicles;
(B)  the clearance rate of:
(i)  motor vehicle burglaries and thefts; and
(ii)  fraud-related motor vehicle crimes; and
(C)  the number of persons arrested for motor vehicle burglary and theft and fraud-related motor vehicle crime.
(c)  The authority shall allocate grant funds primarily based on the number of motor vehicles stolen in, or the motor vehicle burglary or theft rate across, and the number of fraud-related motor vehicle crimes committed in the state rather than based on geographic distribution.
(d)  The authority shall, in consultation with the department, annually update the performance measures developed under Subsection (b).
Transferred, redesignated and amended from Vernon's Civil Statutes, Sections 6(j) and (k), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.21, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter D. Financial Provisions › Section 1006.152. Refunds

Sec. 1006.152.  REFUNDS.  (a)  The authority may make determinations regarding the sufficiency of payments made by an insurer of fees collected under Section 1006.153.
(b)  Pursuant to a determination made under Subsection (a), the authority may:
(1)  notify the comptroller that payments made by an insurer are sufficient; and
(2)  request the comptroller to draw warrants on the funds available to the authority for the purpose of refunding money to an insurer.
(c)  The authority shall make the determination under this section as follows:
(1)  the two members of the authority who are representatives of insurance companies writing motor vehicle insurance in this state shall recuse themselves; and
(2)  the remaining five members of the authority shall make the determination by a simple majority vote.
(d)  Determinations made under this section shall be performed in accordance with procedures set forth in rules adopted by the authority.  The question of eligibility for a refund is not a contested case under Chapter 2001, Government Code.
(e)  A request for a refund made under this section must be made not later than four years after the date the payment was made to the authority under Section 1006.153.
(f)  The authority may recover from an insurer requesting  a refund under this section any costs associated with a denied or improperly requested refund.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 6A, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.22, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 13, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter D. Financial Provisions › Section 1006.154. Use of Appropriated Funds

Sec. 1006.154.  USE OF APPROPRIATED FUNDS.  (a)   Money appropriated to the department for authority purposes shall be used by the authority to pay the department for administrative costs and to achieve the purposes of this chapter, including:
(1)   providing financial support to law enforcement agencies for economic motor vehicle theft and fraud-related motor vehicle crime enforcement teams;
(2)  providing financial support to law enforcement agencies, local prosecutors, judicial agencies, and neighborhood, community, business, and nonprofit organizations for programs designed to reduce the incidence of economic motor vehicle theft and fraud-related motor vehicle crime;
(3)  conducting educational programs designed to inform motor vehicle owners of methods of preventing motor vehicle burglary or theft and fraud-related motor vehicle crime;
(4)  providing equipment, for experimental purposes, to assist motor vehicle owners in preventing motor vehicle burglary or theft; and
(5)  establishing a uniform program to prevent stolen motor vehicles from entering Mexico.
(b)  In any fiscal year, the amount of the administrative expenses of the authority, including salaries, travel and marketing expenses, and other overhead expenses may not exceed eight percent of the total expenditures of the authority.
(c)  The cost of personnel and services provided to the authority by the department and by the attorney general may be paid only from appropriations made for authority purposes.  Appropriations made for authority purposes may not be used for any other purpose.
(d)  For purposes of Subsection (b), administrative expenses do not include administrative expenses related to the collection of a fee under Section 1006.153, including salaries.
Reenacted, transferred, redesignated and amended from Vernon's Civil Statutes, Section 8, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.23, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 15, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle M - Department of Motor Vehicles › Chapter 1006 - Motor Vehicle Crime Prevention Authority › Subchapter D. Financial Provisions › Section 1006.155. Annual Financial Report

Sec. 1006.155.  ANNUAL FINANCIAL REPORT.  The authority shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the authority during the preceding fiscal year.  The annual report must meet the reporting requirements applicable to financial reporting provided by the General Appropriations Act.
Transferred, redesignated and amended from Vernon's Civil Statutes, Section 6(i), Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.24, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Reference in Law to Statute Revised by Code

Sec. 1.003.  REFERENCE IN LAW TO STATUTE REVISED BY CODE.  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.001. Short Title

Sec. 11.001.  SHORT TITLE.  This title may be cited as the Public Utility Regulatory Act.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.002. Purpose and Findings

Sec. 11.002.  PURPOSE AND FINDINGS.  (a)  This title is enacted to protect the public interest inherent in the rates and services of public utilities.  The purpose of this title is to establish a comprehensive and adequate regulatory system for public utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities.
(b)  Public utilities traditionally are by definition monopolies in the areas they serve.  As a result, the normal forces of competition that regulate prices in a free enterprise society do not operate.  Public agencies regulate utility rates, operations, and services as a substitute for competition.
(c)  Significant changes have occurred in the telecommunications and electric power industries since the Public Utility Regulatory Act was originally adopted.  Changes in technology and market structure have increased the need for minimum standards of service quality, customer service, and fair business practices to ensure high-quality service to customers and a healthy marketplace where competition is permitted by law.  It is the purpose of this title to grant the Public Utility Commission of Texas authority to make and enforce rules necessary to protect customers of telecommunications and electric services consistent with the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1579, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.004. Definition of Utility

Sec. 11.004.  DEFINITION OF UTILITY.  In Subtitle A, "public utility" or "utility" means:
(1)  an electric utility, as that term is defined by Section 31.002;  or
(2)  a public utility or utility, as those terms are defined by Section 51.002.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.0042. Definition of Affiliate

Sec. 11.0042.  DEFINITION OF AFFILIATE.  (a)  The term "person" or "corporation" as used in the definition of "affiliate" provided by Section 11.003(2) does not include:
(1)  a broker or dealer registered under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as amended;
(2)  a bank or insurance company as defined under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as amended;
(3)  an investment adviser registered under state law or the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.); or
(4)  an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); or
(5)  an employee benefit plan, pension fund, endowment fund, or other similar entity that may, directly or indirectly, own, hold, or control five percent or more of the voting securities of a public utility or the parent corporation of a public utility if the entity did not acquire the voting securities:
(A)  for the purpose of or with the effect of changing or influencing the control of the issuer of the securities; or
(B)  in connection with or as a participant in any transaction that changes or influences the control of the issuer of the securities.
(b)  For the purpose of determining whether a person is an affiliate under Section 11.006(a)(3), the term "person" does not include an entity that may, directly or indirectly, own, hold, or control the voting securities of a public utility or the parent corporation of a public utility if the entity did not acquire the voting securities:
(1)  for the purpose of or with the effect of changing or influencing the control of the issuer of the securities; or
(2)  in connection with or as a participant in any transaction that changes or influences the control of the issuer of the securities.
(c)  A report filed by an entity described by Subsection (a)(5) or (b) with the Securities and Exchange Commission is conclusive evidence of the entity's intent if the report confirms that the voting securities were not acquired:
(1)  for the purpose of or with the effect of changing or influencing the control of the issuer of the securities; or
(2)  in connection with or as a participant in any transaction that changes or influences the control of the issuer of the securities.
Added by Acts 2005, 79th Leg., Ch. 413 (S.B. 1668), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.005. Entity, Competitor, or Supplier Affected in Manner Other Than by Setting of Rates

Sec. 11.005.  ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN MANNER OTHER THAN BY SETTING OF RATES.  In this title, an entity, including a utility competitor or utility supplier, is considered to be affected in a manner other than by the setting of rates for that class of customer if during a relevant calendar year the entity provides fuel, utility-related goods, utility-related products, or utility-related services to a regulated or unregulated provider of telecommunications or electric services or to an affiliate in an amount equal to the greater of $10,000 or 10 percent of the person's business.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.006. Person Determined to Be Affiliate

Sec. 11.006.  PERSON DETERMINED TO BE AFFILIATE.  (a)  The commission may determine that a person is an affiliate for purposes of this title if the commission after notice and hearing finds that the person:
(1)  actually exercises substantial influence or control over the policies and actions of a public utility;
(2)  is a person over which a public utility exercises the control described by Subdivision (1);
(3)  is under common control with a public utility;  or
(4)  together with one or more persons with whom the person is related by ownership or blood relationship, or by action in concert, actually exercises substantial influence over the policies and actions of a public utility even though neither person may qualify as an affiliate individually.
(b)  For purposes of Subsection (a)(3), "common control with a public utility" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of another, without regard to whether that power is established through ownership or voting of securities or by any other direct or indirect means.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.007. Administrative Procedure

Sec. 11.007.  ADMINISTRATIVE PROCEDURE.  (a)  Chapter 2001, Government Code, applies to a proceeding under this title except to the extent inconsistent with this title.
(b)  A communication of a member or employee of the commission with any person, including a party or a party's representative, is governed by Section 2001.061, Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.008. Liberal Construction

Sec. 11.008.  LIBERAL CONSTRUCTION.  This title shall be construed liberally to promote the effectiveness and efficiency of regulation of public utilities to the extent that this construction preserves the validity of this title and its provisions.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 11 - General Provisions › Section 11.009. Construction With Federal Authority

Sec. 11.009.  CONSTRUCTION WITH FEDERAL AUTHORITY.  This title shall be construed to apply so as not to conflict with any authority of the United States.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter A. General Provisions › Section 12.001. Public Utility Commission of Texas

Sec. 12.001.  PUBLIC UTILITY COMMISSION OF TEXAS.  The Public Utility Commission of Texas exercises the jurisdiction and powers conferred by this title.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter A. General Provisions › Section 12.002. Office

Sec. 12.002.  OFFICE.  (a)  The principal office of the commission is in Austin.
(b)  The office shall be open daily during usual business hours.  The office is not required to be open on Saturday, Sunday, or a legal holiday.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter A. General Provisions › Section 12.003. Seal

Sec. 12.003.  SEAL.  (a)  The commission has a seal bearing the inscription:  "Public Utility Commission of Texas."
(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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter A. General Provisions › Section 12.004. Representation by the Attorney General

Sec. 12.004.  REPRESENTATION BY THE 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter A. General Provisions › Section 12.005. Application of Sunset Act

Sec. 12.005.  APPLICATION OF SUNSET ACT.  The Public Utility Commission of Texas is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter or by Chapter 39, the commission is abolished September 1, 2029.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1212, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 1.08(a), eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.01, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 3.07, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 1.06, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.051. Appointment; Term

Sec. 12.051.  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)  Commissioners serve staggered, six-year terms.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1052 (S.B. 2154), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.052. Presiding Officer

Sec. 12.052.  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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.0521. Presiding Officer Qualifications

Sec. 12.0521.  PRESIDING OFFICER QUALIFICATIONS.  The commissioner designated as the presiding officer must be a resident of this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 425 (S.B. 2), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.053. Membership Qualifications

Sec. 12.053.  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;
(4)  be a competent and experienced administrator; and
(5)  have at least five years of experience:
(A)  in the administration of business or government; or
(B)  as a practicing attorney, certified public accountant, or professional engineer.
(a-1)  At least two commissioners must be well informed and qualified in the field of public utilities and utility regulation.
(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 public utility regulated by the commission or of an affiliate or direct competitor of a public utility regulated by the commission;
(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
(2)  is not qualified to serve under Section 12.151, 12.152, or 12.153.
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. 1.02, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 1052 (S.B. 2154), Sec. 2, eff. June 18, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.054. Removal of Commissioner

Sec. 12.054.  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 12.053;
(2)  violates a prohibition provided by Section 12.053 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.055. Prohibition on Seeking Another Office

Sec. 12.055.  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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.056. Effect of Vacancy

Sec. 12.056.  EFFECT OF VACANCY.  A vacancy or disqualification does not prevent the remaining commissioner or commissioners from exercising the powers of the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.057. Compensation

Sec. 12.057.  COMPENSATION.  The annual salary of the commissioners is determined by the legislature.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.058. Meetings

Sec. 12.058.  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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.059. Training Program for Commissioners

Sec. 12.059.  TRAINING PROGRAM FOR COMMISSIONERS.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)   any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person 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.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 2, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter B. Commission Appointment and Functions › Section 12.060. Former Commissioner: Lobbying Restricted

Sec. 12.060.  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.
Added by Acts 2021, 87th Leg., R.S., Ch. 1052 (S.B. 2154), Sec. 3, eff. June 18, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter C. Commission Personnel › Section 12.101. Commission Employees

Sec. 12.101.  COMMISSION EMPLOYEES.  The commission shall employ:
(1)  an executive director;  and
(2)  officers and other employees the commission considers necessary to administer this title.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter C. Commission Personnel › Section 12.102. Duties of Employees

Sec. 12.102.  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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter C. Commission Personnel › Section 12.103. Duties of Executive Director

Sec. 12.103.  DUTIES OF EXECUTIVE DIRECTOR.  The executive director is responsible for the daily operations of the commission and shall coordinate the activities of commission employees.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter C. Commission Personnel › Section 12.105. Career Ladder Program; Performance Evaluations; Merit Pay

Sec. 12.105.  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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 12 - Organization of Commission › Subchapter C. Commission Personnel › Section 12.106. Equal Employment Opportunity Policy Statement

Sec. 12.106.  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 Commission on Human Rights 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.