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.