82R2810 JJT-D
By: Turner H.B. No. 2715
A BILL TO BE ENTITLED
AN ACT
relating to the continuation of and powers and duties of the Office
of Public Utility Counsel to represent residential and small
commercial utility consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.273(a), Water Code, is amended to read
as follows:
(a) The counsel shall represent the public interest and be a
party to all proceedings before the commission, other than a
proceeding under Chapter 13.
SECTION 2. 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; POWERS AND
DUTIES. (a) In this section, "counsellor" and "office" have the
meanings assigned by Section 11.003, Utilities Code.
(b) The office represents the interests of residential and
small commercial consumers under this chapter. 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 utility 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.
(c) This section does not limit the authority of the
commission to represent residential or small commercial consumers.
(d) 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 3. Section 13.002, Utilities Code, is amended to
read as follows:
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the office is abolished and this chapter expires
September 1, 2023 [2011].
SECTION 4. Section 15.033, Utilities Code, is amended to
read as follows:
Sec. 15.033. DISPOSITION OF FINES AND PENALTIES. (a) A fine
or penalty collected under this title, other than a fine or penalty
collected in a criminal proceeding or a penalty collected under
Section 15.027(a), shall be paid to the commission.
(b) One-half of the first $10 million in administrative
penalties paid to the commission under this subchapter during a
state fiscal biennium may be appropriated only to fund the Office of
Public Utility Counsel.
SECTION 5. Section 101.051, Utilities Code, is amended to
read as follows:
Sec. 101.051. OFFICE OF PUBLIC UTILITY COUNSEL. The
independent office of public utility counsel represents the
interests of residential and small commercial consumers.
SECTION 6. Section 101.052, Utilities Code, is amended to
read as follows:
Sec. 101.052. OFFICE POWERS AND DUTIES. (a) 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) [represent] residential consumers, as a
class, in any proceeding before [appeals to] the railroad
commission, including an alternative dispute resolution
proceeding; or
(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 [only at the written
request of an affected municipality's governing body];
(4) [(2)] 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 [the railroad commission] in a proceeding,
including an alternative dispute resolution proceeding, in which
the office is authorized to appear; or
(B) in which the counsellor determines that
residential consumers or small commercial consumers are in need of
representation [was a party];
(5) [(3)] is entitled to the same access as a party,
other than railroad commission staff, to records gathered by the
railroad commission under Section 102.203;
(6) [(4)] is entitled to discovery of any
nonprivileged matter that is relevant to the subject matter of a
proceeding or petition before the railroad commission;
(7) [(5)] may represent an individual residential or
small commercial consumer with respect to the consumer's disputed
complaint concerning utility services that is unresolved before the
railroad commission; and
(8) [(6)] may recommend legislation to the
legislature that the office determines would positively affect the
interests of residential and small commercial consumers.
(b) [The office may represent only as a class the
residential consumers of a municipality that makes a request under
Subsection (a)(1).
[(c)] This section does not limit the authority of the
railroad commission to represent residential or small commercial
consumers.
(c) [(d)] 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 7. Not later than January 1, 2012, the following are
transferred from the Office of Public Interest Counsel to the
Office of Public Utility Counsel:
(1) the powers, duties, functions, programs, and
activities of the Office of Public Interest Counsel relating to
water and sewer services regulated under Chapter 13, Water Code;
(2) all obligations and contracts of the Office of
Public Interest Counsel that are related to a power, duty,
function, program, or activity transferred under this section; and
(3) all property and records in the custody of the
Office of Public Interest Counsel that are related to a power, duty,
function, program, or activity transferred under this section.
SECTION 8. Amounts appropriated to the Texas Commission on
Environmental Quality by the 82nd Legislature, Regular Session,
2011, that may be used in relation to a power, duty, function,
program, or activity transferred under this Act are transferred to
the Office of Public Utility Counsel.
SECTION 9. A rule or form adopted by the Office of Public
Interest Counsel that relates to a power, duty, function, program,
or activity transferred under this Act 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.
SECTION 10. A reference in law to the Office of Public
Interest Counsel that relates to a power, duty, function, program,
or activity transferred under this Act means the Office of Public
Utility Counsel.
SECTION 11. This Act takes effect September 1, 2011.