1-1 By: Shapleigh S.B. No. 1384
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 23, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 23, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1384 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the powers and duties of the Office of Public Utility
1-11 Counsel to represent certain persons in certain proceedings.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 13.003, Utilities Code,
1-14 is amended to read as follows:
1-15 (a) The office:
1-16 (1) shall assess the effect of utility rate changes
1-17 and other regulatory actions on residential consumers in this
1-18 state;
1-19 (2) shall advocate in the office's own name a position
1-20 determined by the counsellor to be most advantageous to a
1-21 substantial number of residential consumers;
1-22 (3) may appear or intervene, as a party or otherwise,
1-23 as a matter of right on behalf of:
1-24 (A) residential consumers, as a class, in any
1-25 proceeding before the commission, including an alternative dispute
1-26 resolution proceeding to the extent consistent with federal law;
1-27 and
1-28 (B) small commercial consumers, as a class, in
1-29 any proceeding in which the counsellor determines that small
1-30 commercial consumers are in need of representation, including an
1-31 alternative dispute resolution proceeding to the extent consistent
1-32 with federal law;
1-33 (4) may initiate or intervene as a matter of right or
1-34 otherwise appear in a judicial proceeding that involves an action
1-35 taken by an administrative agency in a proceeding, including an
1-36 alternative dispute resolution proceeding to the extent consistent
1-37 with federal law, in which the counsellor is authorized to appear;
1-38 (5) may intervene as a matter of right or otherwise appear
1-39 in a judicial proceeding in which the counsellor determines that
1-40 residential consumers or small commercial consumers are in need of
1-41 representation;
1-42 (6) is entitled to the same access as a party, other
1-43 than commission staff, to records gathered by the commission under
1-44 Section 14.204;
1-45 (7) [(6)] is entitled to discovery of any
1-46 nonprivileged matter that is relevant to the subject matter of a
1-47 proceeding or petition before the commission;
1-48 (8) [(7)] may represent an individual residential or
1-49 small commercial consumer with respect to the consumer's disputed
1-50 complaint concerning utility services that is unresolved before the
1-51 commission; and
1-52 (9) [(8)] may recommend legislation to the legislature
1-53 that the office determines would positively affect the interests of
1-54 residential and small commercial consumers.
1-55 SECTION 2. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *