BILL ANALYSIS C.S.H.B. 5269 By: Barry State Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE The Office of Public Utility Counsel (OPUC) represents the interests of residential and small commercial consumers in public utility matters in Texas. OPUC's responsibilities include assessing the effects of utility rate changes and other regulatory actions on residential consumers. The bill author has informed the committee that while this role provides legal and technical expertise in contested cases and rulemakings, as well as valuable analysis on key issues impacting the public, OPUC is limited in its ability to obtain sufficient data thorough analysis and issue-specific assessments. C.S.H.B. 5269 seeks to address this issue by expanding the statutory authority for OPUC to request and receive electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency, from the Public Utility Commission of Texas (PUC), ERCOT, and an electric utility. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 5269 amends the Utilities Code to entitle the Office of Public Utility Counsel (OPUC) under the Public Utility Regulatory Act to request and receive electricity market data in an electronic format and at no cost to OPUC, including data related to reliability, generation resource adequacy, long-term transmission planning, and transmission and distribution system resiliency, from the Public Utility Commission of Texas (PUC), ERCOT, and an electric utility. The bill establishes that information submitted to OPUC under these provisions is confidential and not subject to disclosure by OPUC under state public information law, if that information would be confidential and not subject to disclosure by the PUC under that law or other law if the PUC held the information. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 5269 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced entitled OPUC to request and receive electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency from the applicable entities, the substitute entitles OPUC to request and receive that data in an electronic format and at no cost to OPUC, including data related to reliability, generation resource adequacy, long-term transmission planning, and transmission and distribution system resiliency from the applicable entities. Whereas the introduced established that information submitted to OPUC under the bill's provisions that is confidential and not subject to disclosure by the PUC under state public information law or other law is also confidential and not subject to disclosure by OPUC, the substitute establishes that information submitted by OPUC under the bill's provisions is confidential and not subject to disclosure by OPUC under state public information law if that information would be confidential and not subject to disclosure by the PUC under that law or other law if the PUC held the information.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 5269
By: Barry
State Affairs
Committee Report (Substituted)
C.S.H.B. 5269
By: Barry
State Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE The Office of Public Utility Counsel (OPUC) represents the interests of residential and small commercial consumers in public utility matters in Texas. OPUC's responsibilities include assessing the effects of utility rate changes and other regulatory actions on residential consumers. The bill author has informed the committee that while this role provides legal and technical expertise in contested cases and rulemakings, as well as valuable analysis on key issues impacting the public, OPUC is limited in its ability to obtain sufficient data thorough analysis and issue-specific assessments. C.S.H.B. 5269 seeks to address this issue by expanding the statutory authority for OPUC to request and receive electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency, from the Public Utility Commission of Texas (PUC), ERCOT, and an electric utility.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 5269 amends the Utilities Code to entitle the Office of Public Utility Counsel (OPUC) under the Public Utility Regulatory Act to request and receive electricity market data in an electronic format and at no cost to OPUC, including data related to reliability, generation resource adequacy, long-term transmission planning, and transmission and distribution system resiliency, from the Public Utility Commission of Texas (PUC), ERCOT, and an electric utility. The bill establishes that information submitted to OPUC under these provisions is confidential and not subject to disclosure by OPUC under state public information law, if that information would be confidential and not subject to disclosure by the PUC under that law or other law if the PUC held the information.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 5269 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced entitled OPUC to request and receive electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency from the applicable entities, the substitute entitles OPUC to request and receive that data in an electronic format and at no cost to OPUC, including data related to reliability, generation resource adequacy, long-term transmission planning, and transmission and distribution system resiliency from the applicable entities. Whereas the introduced established that information submitted to OPUC under the bill's provisions that is confidential and not subject to disclosure by the PUC under state public information law or other law is also confidential and not subject to disclosure by OPUC, the substitute establishes that information submitted by OPUC under the bill's provisions is confidential and not subject to disclosure by OPUC under state public information law if that information would be confidential and not subject to disclosure by the PUC under that law or other law if the PUC held the information.
BACKGROUND AND PURPOSE
The Office of Public Utility Counsel (OPUC) represents the interests of residential and small commercial consumers in public utility matters in Texas. OPUC's responsibilities include assessing the effects of utility rate changes and other regulatory actions on residential consumers. The bill author has informed the committee that while this role provides legal and technical expertise in contested cases and rulemakings, as well as valuable analysis on key issues impacting the public, OPUC is limited in its ability to obtain sufficient data thorough analysis and issue-specific assessments. C.S.H.B. 5269 seeks to address this issue by expanding the statutory authority for OPUC to request and receive electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency, from the Public Utility Commission of Texas (PUC), ERCOT, and an electric utility.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 5269 amends the Utilities Code to entitle the Office of Public Utility Counsel (OPUC) under the Public Utility Regulatory Act to request and receive electricity market data in an electronic format and at no cost to OPUC, including data related to reliability, generation resource adequacy, long-term transmission planning, and transmission and distribution system resiliency, from the Public Utility Commission of Texas (PUC), ERCOT, and an electric utility. The bill establishes that information submitted to OPUC under these provisions is confidential and not subject to disclosure by OPUC under state public information law, if that information would be confidential and not subject to disclosure by the PUC under that law or other law if the PUC held the information.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 5269 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced entitled OPUC to request and receive electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency from the applicable entities, the substitute entitles OPUC to request and receive that data in an electronic format and at no cost to OPUC, including data related to reliability, generation resource adequacy, long-term transmission planning, and transmission and distribution system resiliency from the applicable entities.
Whereas the introduced established that information submitted to OPUC under the bill's provisions that is confidential and not subject to disclosure by the PUC under state public information law or other law is also confidential and not subject to disclosure by OPUC, the substitute establishes that information submitted by OPUC under the bill's provisions is confidential and not subject to disclosure by OPUC under state public information law if that information would be confidential and not subject to disclosure by the PUC under that law or other law if the PUC held the information.