Texas Utilities Code - Section 13.022. Qualifications
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§ 13.022. QUALIFICATIONS. (a) The counsellor must:
(1) be licensed to practice law in 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(c) Repealed by Acts 2005, 79th Leg., ch. 300, § 7.
(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.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 2005, 79th Leg., ch. 300, § 7, eff. Sept. 1, 2005.
Section: 13.002 13.003 13.004 13.005 13.006 13.007 13.021 13.022 13.023 13.024 13.041 13.042 13.043 13.044 13.045
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Last modified: August 10, 2007
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