SRC-DBM C.S.S.B. 1384 76(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1384
By: Shapleigh
Economic Development
4/21/1999
Committee Report (Substituted)


DIGEST 

Currently, the Office of Public Utility Counsel (office), an independent
state agency, represents residential and small business telephone and
electric utility consumers in utility proceedings before the Public Utility
Commission (PUC), the Federal Energy Regulatory Commission, the Federal
Communications Commission, and in state and federal courts to ensure that
utility services are available to those consumers at just and reasonable
rates.  Deregulation of the telecommunications industry has brought about
an increasingly competitive environment and significantly increased the
number of regulatory issues before the PUC and utility-related litigation
in both state and federal courts.  The PUC has expanded its use of
alternative dispute resolution (ADR) proceedings to manage its workload and
to resolve regulatory issues more quickly.  Residential and small business
utility consumers often have substantial interests at stake in ADR
proceedings and in utility-related litigation; however, in the absence of
specific statutory authority, the office is unable to represent them in ADR
proceedings before the PUC and other regulatory agencies.  C.S.S.B. 1384
would set forth provisions for the Office of Public Utility Counsel to
represent certain persons in certain proceedings.  

PURPOSE

As proposed, C.S.S.B. 1384 sets forth provisions for the Office of Public
Utility Counsel to represent certain persons in certain proceedings. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13.003(a), Utilities Code, to authorize the
Office of Public Utility Counsel to appear or intervene, as a party or
otherwise, as a matter of right on behalf of residential consumers, as a
class, in any preceding to the extent consistent with federal law before
the Public Utility Commission, including an alternative dispute resolution
proceeding; and to initiate or intervene as a matter of right or otherwise
in a judicial proceeding in which the public utility counsellor is
authorized to appear; and to intervene as a matter of right or otherwise
appear in a judicial proceeding in which the counselor determines that
residential consumers or small commercial consumers are in need of
representation.  Makes conforming changes.  

SECTION 2.Emergency clause.
  Effective date: upon passage.   

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 13.003(a), Utilities Code, to authorize the Office of Public
Utility Counsel to appear or intervene, as a party or otherwise, as a
matter of right on behalf of residential consumers, as a class, in any
preceding to the extent consistent with federal law before the Public
Utility Commission, including an alternative dispute resolution proceeding;
and to initiate or intervene as a matter of right or otherwise in a
judicial proceeding in which the public utility counsellor is authorized to
appear; and to intervene as a matter of right or otherwise appear in a
judicial proceeding in which the counselor determines that residential
consumers or small commercial consumers are in need of representation.
Deletes proposed text regarding the  counsellor determining that
residential consumers or small business consumers are in need of
representation.  Makes conforming changes.