Texas 2011 - 82nd Regular

Texas Senate Bill SB855 Compare Versions

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Old	New	Differences
1	1	By: Duncan S.B. No. 855
2	2	(Hilderbran)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to assistance provided by the Office of Public Utility
8	8	Counsel to interested parties on certain electricity matters
9	9	involving certificates of convenience and necessity.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsection (a), Section 13.003, Utilities Code,
12	12	is amended to read as follows:
13	13	(a) The office:
14	14	(1) shall assess the effect of utility rate changes
15	15	and other regulatory actions on residential consumers in this
16	16	state;
17	17	(2) shall advocate in the office's own name a position
18	18	determined by the counsellor to be most advantageous to a
19	19	substantial number of residential consumers;
20	20	(3) may appear or intervene, as a party or otherwise,
21	21	as a matter of right on behalf of:
22	22	(A) residential consumers, as a class, in any
23	23	proceeding before the commission, including an alternative dispute
24	24	resolution proceeding; and
25	25	(B) small commercial consumers, as a class, in
26	26	any proceeding in which the counsellor determines that small
27	27	commercial consumers are in need of representation, including an
28	28	alternative dispute resolution proceeding;
29	29	(4) may initiate or intervene as a matter of right or
30	30	otherwise appear in a judicial proceeding:
31	31	(A) that involves an action taken by an
32	32	administrative agency in a proceeding, including an alternative
33	33	dispute resolution proceeding, in which the counsellor is
34	34	authorized to appear; or
35	35	(B) in which the counsellor determines that
36	36	residential electricity consumers or small commercial electricity
37	37	consumers are in need of representation;
38	38	(5) is entitled to the same access as a party, other
39	39	than commission staff, to records gathered by the commission under
40	40	Section 14.204;
41	41	(6) is entitled to discovery of any nonprivileged
42	42	matter that is relevant to the subject matter of a proceeding or
43	43	petition before the commission;
44	44	(7) may represent an individual residential or small
45	45	commercial consumer with respect to the consumer's disputed
46	46	complaint concerning utility services that is unresolved before the
47	47	commission; [and]
48	48	(8) may recommend legislation to the legislature that
49	49	the office determines would positively affect the interests of
50	50	residential and small commercial consumers; and
51	51	(9) may advise persons who are interested parties for
52	52	purposes of Section 37.054 on procedural matters related to
53	53	proceedings before the commission on an application for a
54	54	certificate of convenience and necessity filed under Section
55	55	37.053.
56	56	SECTION 2. Subsection (a), Section 37.054, Utilities Code,
57	57	is amended to read as follows:
58	58	(a) When an application for a certificate is filed, the
59	59	commission shall:
60	60	(1) give notice of the application to interested
61	61	parties and to the office; and
62	62	(2) if requested:
63	63	(A) set a time and place for a hearing; and
64	64	(B) give notice of the hearing.
65	65	SECTION 3. The change in law made by this Act to Section
66	66	37.054, Utilities Code, applies only to an application for a
67	67	certificate of convenience and necessity filed on or after the
68	68	effective date of this Act. An application for a certificate of
69	69	convenience and necessity filed before the effective date of this
70	70	Act is governed by the law in effect at the time the application was
71	71	filed, and the former law is continued in effect for that purpose.
72	72	SECTION 4. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2011.