Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter R. CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE
16 TAC §25.478
The Public Utility Commission of Texas (commission) proposes
amendments to §25.478, relating to the Establishment of Satisfactory
Credit for Victims of Family Violence.
The proposed amendments to §25.478(a)(3)(D), relating to the Establishment
of Satisfactory Credit for Victims of Family Violence, adds local law enforcement
personnel, the Office of a Texas District Attorney or County Attorney, and
the Office of Attorney General as entities authorized to designate a customer
as a victim of family violence in order to demonstrate satisfactory credit
for electric service. Project Number 30047 has been assigned to this proceeding.
Annette Lown Mass, Staff Attorney, Legal and Enforcement Division, has
determined that for each year of the first five-year period the proposed section
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Ms. Mass has also determined that for each year of the first five years
the proposed section is in effect, the public benefit anticipated as a result
of enforcing the section will be time saved and a more efficient process for
victims of family violence to receive electric service without demonstrating
satisfactory credit through other means.
Furthermore, there will be no adverse economic effect on small businesses
or micro-businesses as a result of enforcing the section. There will be no
economic costs to persons who are required to comply with the proposed section.
Ms. Mass has determined that for each year of the first five years the
proposed section is in effect there should be no effect on a local economy,
and, therefore, no local employment impact statement is required under Administrative
Procedure Act §2001.022.
The commission staff will conduct a public hearing on this rulemaking,
if requested pursuant to the Administrative Procedure Act, Texas Government
Code §2001.029, at the commission's offices located in the William B.
Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. The request
for a public hearing must be received within 30 days after publication.
The commission seeks comments on the proposed amendment from interested
persons. Comments on the proposal (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. The deadline for submission of comments
is 31 days after publication of notice. Reply comments are due 45 days after
publication of notice. Comments should be organized in a manner consistent
with the organization of the proposed rule. The commission invites specific
comments regarding the costs associated with, and benefits that will be gained
by, implementation of the proposed section. The commission will consider the
costs and benefits in deciding whether to adopt the section. All comments
should be filed in Project Number 30047.
The commission proposes this rule amendment pursuant to the Public
Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon
1998 & Supplement 2005) (PURA), which provides the Public Utility Commission
with the authority to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction; and specifically pursuant to PURA §39.101,
which grants the commission authority to establish various, specific protections
for retail customers; PURA §39.102, which provides for retail customer
choice; and PURA Chapter 17, Subchapters A, C, and D, which deal, respectively,
with general provisions relating to customer protection policy, the retail
customer's right to choice, and protection of the retail customer against
unauthorized charges.
Cross Reference to Statutes: PURA §§14.002, 39.101, 39.102, and
PURA Chapter 17, Subchapters A, C, and D.
§25.478.Credit Requirements and Deposits.
(a)
Credit requirements for residential customers. A retail
electric provider (REP) may require a residential customer or applicant to
establish and maintain satisfactory credit as a condition of providing service
pursuant to the requirements of this section.
(1) - (2)
(No change.)
(3)
A residential customer or applicant seeking to establish
service with an affiliated REP or provider of last resort (POLR) can demonstrate
satisfactory credit using one of the criteria listed in subparagraphs (A)
through (E) of this paragraph. A REP other than an affiliated REP or POLR
may establish other criteria by which a customer or applicant can demonstrate
satisfactory credit, so long as such criteria are not discriminatory pursuant
to §25.471(c) of this title (relating to General Provisions of Customer
Protection Rules).
(A) - (C)
(No change.)
(D)
A residential customer or applicant may be deemed as having
established satisfactory credit if the customer or applicant has been determined
to be a victim of family violence as defined in the Texas Family Code §71.004,
by a family violence center
as defined in Texas Human Resources Code §51.002,
[
(E)
(No change.)
(4) - (5)
(No change.)
(b) - (m)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 14, 2005.
TRD-200500215
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 936-7223
Subchapter B. CUSTOMER SERVICE AND PROTECTION
16 TAC §26.24
The Public Utility Commission of Texas (commission) proposes
amendments to §26.24, relating to the Establishment of Satisfactory Credit
for Victims of Family Violence.
The proposed amendments to §26.24(a)(1)(B)(iv), relating to the Establishment
of Satisfactory Credit for Victims of Family Violence, add law enforcement
personnel, the Office of a Texas District Attorney or County Attorney, or
the Office of Attorney General as entities authorized to certify a person
as a victim of family violence in order to demonstrate satisfactory credit
for telephone service. Project Number 30046 has been assigned to this proceeding.
Annette Lown Mass, Staff Attorney, Legal and Enforcement Division, has
determined that for each year of the first five-year period the proposed section
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Ms. Mass has also determined that for each year of the first five years
the proposed section is in effect, the public benefit anticipated as a result
of enforcing the section will be time saved and a more efficient process for
victims of family violence to receive telephone service without demonstrating
satisfactory credit through other means.
Furthermore, there will be no adverse economic effect on small businesses
or micro-businesses as a result of enforcing the section. There will be no
additional economic costs to persons who are required to comply with the proposed
section.
Ms. Mass has determined that for each year of the first five years the
proposed section is in effect there should be no effect on a local economy,
and therefore, no local employment impact statement is required under Administrative
Procedure Act §2001.022.
The commission staff will conduct a public hearing on this rulemaking,
if requested pursuant to the Administrative Procedure Act, Texas Government
Code §2001.029, at the commission's offices located in the William B.
Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. The request
for a public hearing must be received within 30 days after publication.
The commission seeks comments on the proposed amendment from interested
persons. Comments on the proposal (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326. The deadline for submission of comments
is 31 days after publication of notice. Reply comments are due 45 days after
publication of notice. Comments should be organized in a manner consistent
with the organization of the proposed rule. The commission invites specific
comments regarding the costs associated with, and benefits that will be gained
by, implementation of the proposed section. The commission will consider the
costs and benefits in deciding whether to adopt the section. All comments
should be filed in Project Number 30046.
The commission proposes this rule amendment pursuant to the Public
Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon
1998 & Supplement 2005) (PURA), which provides the Public Utility Commission
with the authority to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction; and specifically pursuant to PURA §64.004,
which grants the commission authority to establish various, specific protections
for buyers of telecommunications services; PURA §64.001, which establishes
customer protection standards and confers on the commission authority to adopt
and enforce its customer protection rules; and PURA Chapter 17, Subchapters
A, C, and D, which deal, respectively, with general provisions relating to
customer protection policy, the retail customer's right to choice, and protection
of the retail customer against unauthorized charges.
Cross Reference to Statutes: PURA §§14.002, 64.001, 64.004, and
PURA Chapter 17, Subchapters A, C, and D.
§26.24.Credit Requirements and Deposits.
(a)
Dominant certificated telecommunications utility (DCTU).
(1)
Credit requirements for permanent residential applicants.
(A)
(No change.)
(B)
A residential applicant can demonstrate satisfactory credit
using one of the criteria listed in clauses (i) - (iv) of this subparagraph.
(i) - (iii)
(No change.)
(iv)
Victim of family violence
[
(C)
(No change.)
(2) - (13)
(No change.)
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 14, 2005.
TRD-200500216
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 936-7223
Chapter 59.
CONTINUING EDUCATION REQUIREMENTS
16 TAC §59.3
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to 16 Texas Administrative Code, §59.3, regarding
continuing education requirements.
Texas Occupations Code, §51.405 requires the Texas Commission of Licensing
and Regulation ("Commission") to recognize, prepare, or administer continuing
education programs for license holders. In response to this legislative mandate,
the Commission has adopted rules at 16 Texas Administrative Code, Chapter
59 to establish general requirements for continuing education providers and
courses. The chapter contains rules of general applicability that currently
apply only to the electricians program but eventually would apply to all occupations
regulated by the Department that are subject to a continuing education requirement.
The amendments to §59.3 add the following three programs to the coverage
of Chapter 59: auctioneers and associate auctioneers, air conditioning and
refrigeration contractors, and licensed court interpreters. These amendments
will allow for providers of continuing education for those programs to begin
registering with the Department and obtaining approval for courses. The provisions
of Chapter 59, including fee provisions, would apply to those programs. Continuing
education requirements that are specific to each of these programs will be
contained in the rules for the respective programs.
This rule amendment is necessary to implement Texas Occupations Code, §51.405
with respect to the three referenced programs.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the amendment is in effect there will be additional
costs to the Department from enforcing and administering the new rule and
additional revenue generated from new fees. Because the number of potential
continuing education providers is unknown, the Department is unable to estimate
the additional costs or revenue. It is anticipated that there will be no net
fiscal impact to state government because revenue from the new fees should
be sufficient to cover additional costs. There will be no cost to local government
as a result of enforcing or administering the amended rule.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments are in effect, the public benefit will be that continuing
education taken by license holders will be subject to minimum standards. The
public will benefit from standards that serve to increase or maintain the
skills and competence of license holders, who in turn provide services to
the public.
The probable economic costs to persons required to comply with the proposed
rules and the effect on small or micro-businesses would be the following.
Providers would be required to pay $250 annually, for each occupation for
which the provider offers continuing education. For each course, the provider
would be required to pay $100 annually, for each occupation to which the course
is offered for continuing education credit. The total cost to a particular
provider would depend on the number of courses offered and the number of occupations
served by that provider. In addition, a provider would be charged $25 for
a revised or duplicate registration.
A provider may incur some costs in furnishing copies of course materials
to the Department as part of the course approval application. This cost would
depend on the amount and dollar value of materials involved, which would vary
by course, and so the Department is unable to provide an estimate. There would
be no adverse economic effect on small or micro-businesses.
Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile (512) 475-3032, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Occupations Code, Chapter
51, which authorizes the Department to adopt rules as necessary to implement
this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapters 51, 1302, and 1802, and Texas Government
Code, Chapter 57. No other statutes, articles, or codes are affected by the
proposal.
§59.3.Purpose and Applicability.
These rules are promulgated to establish continuing education provider
and course requirements for the following occupations regulated by the Department
of Licensing and Regulation:
(1)
Air conditioning and refrigeration
contractors, as provided by Texas Occupations Code, Chapter 1302. Additional
continuing education requirements relating to air conditioning and refrigeration
contractors may be found in Chapter 75 of this title.
(2)
Auctioneers and associate auctioneers,
as provided by Texas Occupations Code, Chapter 1802. Additional continuing
education requirements relating to auctioneers and associate auctioneers may
be found in Chapter 67 of this title.
(3)
Electricians, as provided by Texas Occupations
Code, Chapter 1305. Additional continuing education requirements relating
to electricians may be found in Chapter 73 of this title.
(4)
Licensed court interpreters,
as provided by Texas Government Code, Chapter 57. Additional continuing education
requirements relating to licensed court interpreters may be found in Chapter
80 of this title.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 24, 2005.
TRD-200500320
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 463-7348
or
] by treating medical personnel
, by law enforcement
personnel, by the Office of a Texas District Attorney or County Attorney,
or by the Office of the Attorney General
. This determination shall be
evidenced by submission of a certification letter developed by the Texas Council
on Family Violence. The certification letter may be submitted directly by
use of a toll-free fax number to the affiliated REP or POLR.
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Domestic violence
victim
]: The residential applicant has been determined to be a victim
of family violence as defined in Texas Family Code §71.004, by a family
violence center
as defined in Texas Human Resources Code §51.002,
[
or
] by treating medical personnel
, by law enforcement
personnel, by the Office of a Texas District Attorney or County Attorney,
or by the Office of the Attorney General
. This determination shall be
evidenced by submission of a certification letter developed by the Texas Council
on Family Violence.
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 67.
AUCTIONEERS