By: Schwertner S.B. No. 1877
Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Office of Public Utility Counsel to
access certain data.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.003, Utilities Code, is amended by
amending Subsection (a) and adding Subsection (a-1) 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:
(A) the same access as a party, other than
commission staff, to records gathered by the commission under
Section 14.204; and
(B) request and receive electricity market data,
including data related to reliability, generation resource
adequacy, long-term transmission planning, and transmission and
distribution system resiliency, from:
(i) the commission;
(ii) the independent organization
certified under Section 39.151 for the ERCOT power region; and
(iii) an electric utility;
(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;
(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.
(a-1) Information submitted to the office under Subsection
(a)(5)(B) is confidential and not subject to disclosure by the
office under Chapter 552, Government Code, if that information
would be confidential and not subject to disclosure by the
commission under Chapter 552, Government Code, or other law if the
commission held the information.
SECTION 2. This Act takes effect September 1, 2025.