Texas Attorney General Opinion: GA-10 Page: 1 of 8
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OFFICE of the ATTORNEY GENERAL
GREG ABBOTT
January 10, 2003The Honorable Steven D. Wolens
Chair, Committee on State Affairs
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78768-2910Opinion No. GA-0010
Re: Whether the divestiture provision in section
12.152(b) of the Utilities Code applies to an
interest under section 12.053(b)(1)(B)
(RQ-0575-JC)Dear Representative Wolens:
You ask about the relationship between section 12.053 and section 12.152 of the Utilities
Code, both of which provide that a person with certain pecuniary interests is not eligible for
appointment as commissioner of the Public Utility Commission (the "PUC" or "Commission").
Unlike section 12.053, section 12.152 provides that a person who discloses and divests certain types
of interests is not ineligible. You ask in essence whether the divestiture provision in section
12.152(b) applies to an interest under section 12.053(b)(1)(B). We conclude that the section
12.152(b) divestiture provision cures a disqualification due to an interest under section 12.053(b)(1)
that also falls within section 12.152(a)(2)(B). It does not cure a disqualification due to an interest
that falls under section 12.053(b)(1) but that is not within the scope of section 12.152(a)(2)(B).
Section 12.053(b)(1)(B) and section 12.152(a)(2)(B) contain similar but not identical
restrictions on a person's eligibility for appointment as commissioner of the PUC. Section
12.053(b) provides in pertinent part as follows:
(b) A person is not eligible for appointment as a commissioner ifthe
person:
(1) at any time during the two years preceding appointment:
'See Letter from Honorable Steven D. Wolens, Chair, Committee on State Affairs, Texas House of
Representatives, to Honorable John Cornyn, Texas Attorney General (July 9, 2002) (on file with Opinion Committee)
[hereinafter Request Letter].An Equal Employment Opportunity Employer Printed on Recycled Paper
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-10, text, January 10, 2003; (https://texashistory.unt.edu/ark:/67531/metapth274905/m1/1/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.