By: Duncan S.B. No. 855
(Hilderbran)
A BILL TO BE ENTITLED
AN ACT
relating to assistance provided by the Office of Public Utility
Counsel to interested parties on certain electricity matters
involving certificates of convenience and necessity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 13.003, Utilities Code,
is amended to read as follows:
(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) 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 electricity consumers or small commercial electricity
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 14.204;
(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 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; and
(9) may advise persons who are interested parties for
purposes of Section 37.054 on procedural matters related to
proceedings before the commission on an application for a
certificate of convenience and necessity filed under Section
37.053.
SECTION 2. Subsection (a), Section 37.054, Utilities Code,
is amended to read as follows:
(a) When an application for a certificate is filed, the
commission shall:
(1) give notice of the application to interested
parties and to the office; and
(2) if requested:
(A) set a time and place for a hearing; and
(B) give notice of the hearing.
SECTION 3. The change in law made by this Act to Section
37.054, Utilities Code, applies only to an application for a
certificate of convenience and necessity filed on or after the
effective date of this Act. An application for a certificate of
convenience and necessity filed before the effective date of this
Act is governed by the law in effect at the time the application was
filed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.