Key Points

• Because the governor appoints every commissioner of the Public Utility Commission of Texas (PUCT), Gina Hinojosa’s 2026 election win over Gov. Greg Abbott is likely to affect how the PUCT handles pending 765-kV transmission line dockets and data center interconnection matters.  
• Under Texas Utilities Code § 12.051, the PUCT has five commissioners who serve staggered six-year terms, so the governor appoints commissioners on a rolling basis rather than all at once.  
• During the first 10 days of the Texas legislative session, Texas Constitution art. IV, § 12 requires the governor to nominate either a recess appointee or another person to fill the vacancy; if the governor does not, the Senate may consider the recess appointee for nomination.  
• Five Permian Basin Reliability Plan 765-kV dockets are pending at the PUCT, with three approved but subject to motions for rehearing and two remanded to the State Office of Administrative Hearings (SOAH).  
• Gina Hinojosa’s campaign website states that, as governor, she would direct the PUCT to freeze the rates residential customers pay until laws ensure that data centers and other high-load users pay for themselves.  

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Gina Hinojosa defeated Governor Greg Abbott in the 2026 election for governor. Because the governor appoints every member of the Public Utility Commission of Texas (PUCT), the result will no doubt affect the PUCT’s processing of all pending 765-kV transmission line cases, as well as matters involving data center interconnection.

The Governor’s Appointment Power

The PUCT has five commissioners appointed by the governor with the advice and consent of the Senate, serving staggered six-year terms.[1] Because terms are staggered, the governor appoints commissioners on a rolling basis, not all at once. The Texas Constitution treats the expiration of a term as a vacancy for purposes of the governor’s appointment power.[2] The governor also fills mid-term vacancies, and an appointee to a vacancy serves the unexpired term unless otherwise provided.[3] An appointment made while the Senate is in session requires the advice and consent of two-thirds of the Senate present.[4] The governor also designates one commissioner as presiding officer, who serves at the governor’s pleasure.[5]

Where Each Commissioner Stands

Commissioner	Term expiration
Commissioner Courtney K. Hjaltman	September 1, 2025
Commissioner Kathleen Jackson	September 1, 2027
Commissioner Patrick Rhode	September 1, 2027
Chairman Thomas J. Gleeson	September 1, 2029
Commissioner Morgan Johnson	September 1, 2031

Notably, Johnson and Rhode have not been confirmed by the Texas Senate. And since Hjaltman’s term has already expired, she may continue to serve until her successor is nominated and confirmed. Under the Texas Constitution, when the Senate convenes in January 2027, the governor must nominate either the recess appointee or some other person within the first 10 days of the legislative session.[6] The 90th Legislative session will begin January 12, 2027; Hinojosa will take office January 19, 2027, giving her just three days to submit her nominees.

If the governor does not nominate anyone, the Senate may consider the recess appointee.[7] A nominee needs two-thirds of the Senate present.[8] If the Senate takes no final action by the end of a regular session, the appointee is considered rejected.[9] The seat then becomes vacant and the governor must nominate another individual to fill that vacancy.[10] A replacement would serve the remainder of the unexpired term.[11]

The governor and lieutenant governor each have the power to appoint one member to the Electric Reliability Council of Texas (ERCOT) Board of Directors selection committee; the third committee member is appointed by the speaker of the Texas House of Representatives.[12] The committee appoints the eight non-ex officio ERCOT board members and designates the chair and vice chair of the ERCOT board.[13] There is currently one vacancy on the ERCOT board.

The 765-kV Cases and Data Centers

Five Permian Basin Reliability Plan 765-kV dockets are pending at the PUCT. Three have been approved but remain subject to post-approval motions for rehearing, and two were remanded to the State Office of Administrative Hearings (SOAH).

Docket No.	Path	Applicants	Status
59029	Longshore Switch to Drill Hole Switch	Oncor	Approved August 28, 2026; motions for rehearing pending
59315	Dinosaur Switch to Longshore Switch	Oncor	Approved August 28, 2026; motions for rehearing pending
59336	Howard Substation to Solstice Substation	AEP Texas and CPS Energy	Approved September 18, 2026; motions for rehearing pending
59182	Big Hill Substation to Sand Lake Switch	Oncor and LCRA TSC	Remanded to SOAH for further consideration
59475	Bell County East Switch to Big Hill Substation	Oncor and LCRA TSC	Remanded to SOAH for further consideration

Hinojosa’s campaign emphasized that “we cannot simply trample on the rights of property owners to build 765[-]kV transmission lines in record time because high-load users demand it.”[14] She discussed the importance of stakeholder involvement, selection of the “least harm routes,” and proper notice and comment timelines.[15]

As for the PUCT’s consideration of matters involving data centers, Hinojosa supported “an immediate moratorium on data centers to last until the legislature can meet to put in place real protections[.]”[16] Hinojosa further stated that, as governor, she would “direct the [PUCT] to freeze the rates residential customers pay until we have laws to ensure that data centers and other high-load users pay for themselves.”[17]

Currently, the PUCT and ERCOT are under a directive from Abbott to conduct a comprehensive verification and audit of data centers in the ERCOT interconnection process before allowing those interconnections to proceed. ERCOT staff has also introduced a plan to comprehensively revise transmission system planning processes and future large load interconnection “batch” study procedures. Any resulting rule changes would require ERCOT board and PUCT approval.

Moving Forward

How Hinojosa handles PUCT commissioner appointments is likely to shape the handling of 765-kV transmission line dockets and matters involving data centers.

Troutman Pepper Locke’s Energy + Infrastructure Practice Group advises clients on PUCT proceedings, including transmission line certification applications, and on ERCOT wholesale market and transmission policy. To discuss how the election may affect your projects or proceedings, please contact Cole Hutchison or Emily Jolly.

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Footnotes

[1] Tex. Util. Code § 12.051(a), (c).

[2] Tex. Const. art. IV, § 12(i).

[3] Id. art. IV, § 12(a); Tex. Gov’t Code § 652.001.

[4] Id. art. IV, § 12(b), (c).

[5] Tex. Util. Code § 12.052(a), (b).

[6] Tex. Const. art. IV, § 12(c).

[7] Id.

[8] Id. art. IV, § 12(b).

[9] Id. art. IV, § 12(e).

[10] Id. art. IV, § 12(f).

[11] Tex. Gov’t Code § 652.001; Tex. Util. Code § 12.051(c).

[12] Tex. Util. Code § 39.1513(a).

[13] Id. § 39.151(g)–(g-1).

[14] https://ginafortexas.com/priority/an-affordable-texas-that-works-for-everyone.

[15] Id.

[16] https://ginafortexas.com/priority/data-centers/.

[17] https://ginafortexas.com/priority/an-affordable-texas-that-works-for-everyone/.