Tex. Util. Code § 13.022 · Subchapter B. PUBLIC UTILITY COUNSEL
QUALIFICATIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The counsellor must:
(1) be licensed to practice law in this state and a resident of this state;
(2) have demonstrated a strong commitment to and involvement in efforts to safeguard the rights of the public; and
(3) possess the knowledge and experience necessary to practice effectively in utility proceedings.
(b) A person is not eligible for appointment as counsellor if:
(1) the person or the person's spouse:
(A) is employed by or participates in the management of a business entity or other organization that is regulated by or receives funds from the commission;
(B) directly or indirectly owns or controls more than a 10 percent interest or a pecuniary interest with a value exceeding $10,000 in:
(i) a business entity or other organization that is regulated by or receives funds from the commission or the office; or
(ii) a utility competitor, utility supplier, or other entity affected by a commission decision in a manner other than by the setting of rates for that class of customer;
(C) uses or receives a substantial amount of tangible goods, services, or funds from the commission or the office, other than compensation or reimbursement authorized by law for service as counsellor or for commission membership, attendance, or expenses; or
(D) notwithstanding Paragraph (B), has an interest in a mutual fund or retirement fund in which more than 10 percent of the fund's holdings is in a single utility, utility competitor, or utility supplier in this state and the person does not disclose this information to the governor, senate, or other entity, as appropriate; or
(2) the person is not qualified to serve under Section 13.042.
(c) Repealed by Acts 2005, 79th Leg., Ch. 300, Sec. 7, eff. September 1, 2005.
(d) A person otherwise ineligible because of Subsection (b)(1)(B) may be appointed and serve as counsellor if the person:
(1) notifies the attorney general and commission that the person is ineligible because of Subsection (b)(1)(B); and
(2) divests the person or the person's spouse of the ownership or control:
(A) before beginning service; or
(B) if the person is already serving, within a reasonable time.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 300 (S.B. 409), Sec. 7, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 425 (S.B. 2), Sec. 2, eff. June 8, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.13.htm
- Text hash
- sha256 0624b24fe746c76886713e1cecb73a947618cfb84fd4dabf7b59ad5a7e93c3e7
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 1 provision
Provisions in this library whose text cites Tex. Util. Code § 13.022. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.