81R12145 JJT-D
By: Hilderbran H.B. No. 3838
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Office of Public Utility
Counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter G, Chapter 5, Water
Code, is amended to read as follows:
SUBCHAPTER G. OFFICE OF PUBLIC UTILITY [INTEREST] COUNSEL
SECTION 2. Section 5.271, Water Code, is amended to read as
follows:
Sec. 5.271. [CREATION AND GENERAL] RESPONSIBILITY OF THE
OFFICE OF PUBLIC UTILITY [INTEREST] COUNSEL. The office of public
utility [interest] counsel shall [is created to] ensure that the
commission promotes the public's interest and is responsive to
environmental and citizens' concerns including environmental
quality and consumer protection.
SECTION 3. The heading to Section 5.273, Water Code, is
amended to read as follows:
Sec. 5.273. DUTIES OF THE PUBLIC UTILITY [INTEREST]
COUNSEL.
SECTION 4. Subchapter B, Chapter 13, Water Code, is amended
by adding Section 13.017 to read as follows:
Sec. 13.017. OFFICE OF PUBLIC UTILITY COUNSEL. (a) In this
section, "counsellor" and "office" have the meanings assigned by
Section 11.003, Utilities Code.
(b) The office shall represent the interests of residential
and small commercial consumers under this chapter.
(c) The office:
(1) shall assess the effect of utility rate changes
and other regulatory actions on residential consumers in this
state;
(2) shall advocate in the office's own name a position
determined by the counsellor to be most advantageous to a
substantial number of residential consumers;
(3) may appear or intervene, as a party or otherwise,
as a matter of right on behalf of:
(A) residential consumers, as a class, in any
proceeding before the commission, including an alternative dispute
resolution proceeding; and
(B) small commercial consumers, as a class, in
any proceeding in which the counsellor determines that small
commercial consumers are in need of representation, including an
alternative dispute resolution proceeding;
(4) may initiate or intervene as a matter of right or
otherwise appear in a judicial proceeding:
(A) that involves an action taken by an
administrative agency in a proceeding, including an alternative
dispute resolution proceeding, in which the counsellor is
authorized to appear; or
(B) in which the counsellor determines that
residential consumers or small commercial consumers are in need of
representation;
(5) is entitled to the same access as a party, other
than commission staff, to records gathered by the commission under
Section 13.133;
(6) is entitled to discovery of any nonprivileged
matter that is relevant to the subject matter of a proceeding or
petition before the commission;
(7) may represent an individual residential or small
commercial consumer with respect to the consumer's disputed
complaint concerning retail services that is unresolved before the
commission; and
(8) may recommend legislation to the legislature that
the office determines would positively affect the interests of
residential and small commercial consumers.
(d) This section does not limit the authority of the
commission to represent residential or small commercial consumers.
(e) The appearance of the counsellor in a proceeding does
not preclude the appearance of other parties on behalf of
residential or small commercial consumers. The counsellor may not
be grouped with any other party.
SECTION 5. Sections 5.272 and 5.274, Water Code, are
repealed.
SECTION 6. (a) On January 1, 2010, the Office of Public
Interest Counsel is abolished and the following are transferred to
the Office of Public Utility Counsel:
(1) the powers, duties, functions, programs, and
activities of the Office of Public Interest Counsel;
(2) all obligations and contracts of the Office of
Public Interest Counsel or the Texas Commission on Environmental
Quality that are related to a power, duty, function, program, or
activity transferred under this subsection;
(3) all property and records in the custody of the
Office of Public Interest Counsel or the Texas Commission on
Environmental Quality that are related to a power, duty, function,
program, or activity transferred under this subsection; and
(4) out of amounts appropriated to the Texas
Commission on Environmental Quality by the 81st Legislature,
Regular Session, 2009, that may be used in relation to a power,
duty, function, program, or activity transferred under this
subsection, the following amounts:
(A) $488,157 for the state fiscal year ending
August 31, 2010; and
(B) $482,957 for the state fiscal year ending
August 31, 2011.
(b) A rule or form adopted by the Office of Public Interest
Counsel or the Texas Commission on Environmental Quality that
relates to a power, duty, function, program, or activity
transferred under Subsection (a) of this section is a rule or form
of the Office of Public Utility Counsel and remains in effect until
altered by the Office of Public Utility Counsel.
(c) A reference in law to the Office of Public Interest
Counsel means the Office of Public Utility Counsel.
SECTION 7. This Act takes effect September 1, 2009.