ARTICLE 12 PUBLIC UTILITIES
SECTION 1
The Public Utilities Commission consists of 5 members
appointed by the Governor and approved by the Senate, a majority of
the membership concurring, for staggered 6-year terms. A vacancy is
filled for the remainder of the term. The Legislature may remove a
member for incompetence, neglect of duty, or corruption, two thirds
of the membership of each house concurring.
SEC. 2
Subject to statute and due process, the commission may
establish its own procedures. Any commissioner as designated by the
commission may hold a hearing or investigation or issue an order
subject to commission approval.
SEC. 3
Private corporations and persons that own, operate, control, or manage a line, plant, or system for the transportation of people or property, the transmission of telephone and telegraph messages, or the production, generation, transmission, or furnishing of heat, light, water, power, storage, or wharfage directly or indirectly to or for the public, and common carriers, are public utilities subject to control by the Legislature. The Legislature may prescribe that additional classes of private corporations or other persons are public utilities.
SEC. 4
The commission may fix rates and establish rules for the
transportation of passengers and property by transportation
companies, prohibit discrimination, and award reparation for the
exaction of unreasonable, excessive, or discriminatory charges. A
transportation company may not raise a rate or incidental charge
except after a showing to and a decision by the commission that the
increase is justified, and this decision shall not be subject to
judicial review except as to whether confiscation of property will
result.
SEC. 5
The Legislature has plenary power, unlimited by the other
provisions of this constitution but consistent with this article, to
confer additional authority and jurisdiction upon the commission, to
establish the manner and scope of review of commission action in a
court of record, and to enable it to fix just compensation for
utility property taken by eminent domain.
SEC. 6
The commission may fix rates, establish rules, examine
records, issue subpenas, administer oaths, take testimony, punish for
contempt, and prescribe a uniform system of accounts for all public
utilities subject to its jurisdiction.
SEC. 7
A transportation company may not grant free passes or
discounts to anyone holding an office in this State; and the
acceptance of a pass or discount by a public officer, other than a
Public Utilities Commissioner, shall work a forfeiture of that
office. A Public Utilities Commissioner may not hold an official
relation to nor have a financial interest in a person or corporation
subject to regulation by the commission.
SEC. 8
A city, county, or other public body may not regulate
matters over which the Legislature grants regulatory power to the
Commission. This section does not affect power over public utilities
relating to the making and enforcement of police, sanitary, and
other regulations concerning municipal affairs pursuant to a city
charter existing on October 10, 1911, unless that power has been
revoked by the city's electors, or the right of any city to grant
franchises for public utilities or other businesses on terms, conditions, and in the manner prescribed by law.
SEC. 9
The provisions of this article restate all related
provisions of the Constitution in effect immediately prior to the
effective date of this amendment and make no substantive change.