By:  Shapleigh                                        S.B. No. 1384
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the powers and duties of the Office of Public Utility
 1-2     Counsel to represent certain persons in certain proceedings.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 13.003, Utilities Code, is amended by
 1-5     amending Subsection (a) and adding Subsection (d) to read as
 1-6     follows:
 1-7           (a)  The office:
 1-8                 (1)  shall assess the effect of utility rate changes
 1-9     and other regulatory actions on residential consumers in this
1-10     state;
1-11                 (2)  shall advocate in the office's own name a position
1-12     determined by the counsellor to be most advantageous to a
1-13     substantial number of residential consumers;
1-14                 (3)  may appear or intervene, as a party or otherwise,
1-15     as a matter of right on behalf of:
1-16                       (A)  residential consumers, as a class, in any
1-17     proceeding before the commission, including an alternative dispute
1-18     resolution proceeding to the extent consistent with federal law;
1-19     and
1-20                       (B)  small commercial consumers, as a class, in
1-21     any proceeding in which the counsellor determines that small
1-22     commercial consumers are in need of representation, including an
1-23     alternative dispute resolution proceeding to the extent consistent
1-24     with federal law;
 2-1                 (4)  may initiate or intervene as a matter of right or
 2-2     otherwise appear in a judicial proceeding that involves an action
 2-3     taken by an administrative agency in a proceeding, including an
 2-4     alternative dispute resolution proceeding to the extent consistent
 2-5     with federal law, in which the counsellor is authorized to appear;
 2-6                 (5)  may intervene as a matter of right or otherwise
 2-7     appear in a judicial proceeding that affects the rates or services
 2-8     applicable to residential consumers, as a class, including but not
 2-9     limited to proceedings involving the constitutionality,
2-10     applicability, or construction of a statute and proceedings arising
2-11     out of an investigation or informal proceeding of an administrative
2-12     agency;
2-13                 (6)  is entitled to the same access as a party, other
2-14     than commission staff, to records gathered by the commission under
2-15     Section 14.204;
2-16                 (7) [(6)]  is entitled to discovery of any
2-17     nonprivileged matter that is relevant to the subject matter of a
2-18     proceeding or petition before the commission;
2-19                 (8) [(7)]  may represent an individual residential or
2-20     small commercial consumer with respect to the consumer's disputed
2-21     complaint concerning utility services that is unresolved before the
2-22     commission; and
2-23                 (9) [(8)]  may recommend legislation to the legislature
2-24     that the office determines would positively affect the interests of
2-25     residential and small commercial consumers.
2-26           (d)  This subsection does not limit the authority of the
 3-1     office to participate in any judicial proceeding as provided by
 3-2     Subsections (a)(1)-(4).  The authority conferred by Subsection
 3-3     (a)(5) does not include the right to intervene or otherwise appear
 3-4     in a judicial proceeding involving:
 3-5                 (1)  the terms and conditions of employment by or with
 3-6     a utility;
 3-7                 (2)  a dispute involving an individual customer of a
 3-8     utility, except as provided by Subsection (a)(8);
 3-9                 (3)  a private dispute between telecommunications
3-10     providers and suppliers not affecting rates and services;
3-11                 (4)  a dispute regarding a contract between a
3-12     municipality and a telecommunications provider for municipal
3-13     franchise fees, except as provided by Subsection (a)(4); or
3-14                 (5)  interconnection agreements between
3-15     telecommunications providers, except as provided by Subsection
3-16     (a)(4).
3-17           SECTION 2.  (a)  Except as provided by Subsection (b) of this
3-18     section, this Act takes effect September 1, 1999.
3-19           (b)  Subdivision (5), Subsection (a), Section 13.003,
3-20     Utilities Code, as amended by this Act applies only to a judicial
3-21     proceeding initiated on or after September 1, 1999.
3-22           SECTION 3.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended,
 4-1     and that this Act take effect and be in force from and after its
 4-2     passage, and it is so enacted.