By Van de Putte S.B. No. 662
77R1336 MTB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to combining the office of public insurance counsel, the
1-3 Office of Public Utility Counsel, and the office of public interest
1-4 counsel of the Texas Natural Resource Conservation Commission into
1-5 a single independent office of public interest counsel; providing a
1-6 penalty.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Subtitle A, Title 10, Government Code, is amended
1-9 by adding Chapter 2010 to read as follows:
1-10 CHAPTER 2010. OFFICE OF PUBLIC INTEREST COUNSEL
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Sec. 2010.001. DEFINITIONS. In this chapter:
1-13 (1) "Department" means the Texas Department of
1-14 Insurance.
1-15 (2) "Office" means the office of public interest
1-16 counsel.
1-17 Sec. 2010.002. APPLICATION OF SUNSET ACT. The office of
1-18 public interest counsel is subject to Chapter 325 (Texas Sunset
1-19 Act). Unless continued in existence as provided by that chapter,
1-20 the office is abolished and this chapter expires September 1, 2011.
1-21 Sec. 2010.003. REFERENCE IN LAW. (a) A reference in law to
1-22 the office of public insurance counsel, the Office of Public
1-23 Utility Counsel, or the office of public interest counsel of the
1-24 Texas Natural Resource Conservation Commission, or to the head of
2-1 one of those offices, means the office of public interest counsel
2-2 as created by this chapter or, as appropriate, the public counsel.
2-3 (b) A reference in law to a fund, account, or source of
2-4 revenue that is to be used to pay for an activity of the office of
2-5 public insurance counsel, the Office of Public Utility Counsel, or
2-6 the office of public interest counsel of the Texas Natural Resource
2-7 Conservation Commission is considered to be a reference to a fund,
2-8 account, or source of revenue that is to be used to pay for the
2-9 applicable activity of the appropriate division of the office of
2-10 public interest counsel as created by this chapter.
2-11 (Sections 2010.004-2010.020 reserved for expansion
2-12 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF OFFICE
2-13 Sec. 2010.021. LAWS ADMINISTERED AND ENFORCED BY OFFICE.
2-14 (a) The office shall administer and enforce:
2-15 (1) Article 1.35A, Insurance Code;
2-16 (2) Subchapter G, Chapter 5, Water Code;
2-17 (3) Subchapter B, Chapter 101, Utilities Code; and
2-18 (4) Chapter 13, Utilities Code.
2-19 (b) The office has any other powers and shall perform any
2-20 other duties given to the office under a law listed in Subsection
2-21 (a) or another law.
2-22 Sec. 2010.022. INSURANCE DIVISION. (a) The office shall
2-23 establish an insurance division to represent interests of insurance
2-24 consumers.
2-25 (b) Expenses for the division are paid from the assessment
2-26 imposed in Article 1.35B, Insurance Code.
2-27 Sec. 2010.023. UTILITIES DIVISION. (a) The office shall
3-1 establish a utilities division to represent the interests of
3-2 residential and small commercial consumers of electricity and
3-3 natural gas.
3-4 (b) An employee of the office whose duties primarily involve
3-5 the activities of the utilities division receives compensation as
3-6 prescribed by the legislature from the assessment imposed by
3-7 Subchapter A, Chapter 16, Utilities Code.
3-8 Sec. 2010.024. NATURAL RESOURCE CONSERVATION DIVISION. The
3-9 office shall establish a natural resource conservation division to
3-10 ensure the Texas Natural Resource Conservation Commission promotes
3-11 the public's interest and is responsive to environmental and
3-12 citizens' concerns, including environmental quality and consumer
3-13 protection.
3-14 (Sections 2010.025-2010.040 reserved for expansion
3-15 SUBCHAPTER C. PUBLIC COUNSEL
3-16 Sec. 2010.041. APPOINTMENT; TERM. (a) The executive
3-17 director of the office is the public counsel.
3-18 (b) The public counsel is appointed by the governor with the
3-19 advice and consent of the senate.
3-20 (c) The appointment of the public counsel shall be made
3-21 without regard to the race, color, disability, sex, religion, age,
3-22 or national origin of the appointee.
3-23 (d) The public counsel serves a two-year term that expires
3-24 on February 1 of each odd-numbered year.
3-25 Sec. 2010.042. QUALIFICATIONS. The public counsel must:
3-26 (1) be licensed to practice law in this state; and
3-27 (2) have demonstrated a strong commitment to and
4-1 involvement in efforts to safeguard the rights of consumers.
4-2 Sec. 2010.043. CERTAIN CONFLICTS OF INTEREST. (a) A person
4-3 is not eligible for appointment as public counsel if the person or
4-4 the person's spouse:
4-5 (1) is employed by or participates in the management
4-6 of a business entity or other organization that is regulated by or
4-7 receives funds from the department, the Public Utility Commission
4-8 of Texas, the Texas Natural Resource Conservation Commission, the
4-9 Railroad Commission of Texas, or the office;
4-10 (2) directly or indirectly owns or controls more than
4-11 a 10 percent interest or a pecuniary interest with a value
4-12 exceeding $10,000 in:
4-13 (A) a business entity or other organization that
4-14 is regulated by or receives funds from the department, the Public
4-15 Utility Commission of Texas, the Texas Natural Resource
4-16 Conservation Commission, the Railroad Commission of Texas, or the
4-17 office; or
4-18 (B) a utility competitor, utility supplier, or
4-19 other entity affected by a decision by the department, the Public
4-20 Utility Commission of Texas, the Texas Natural Resource
4-21 Conservation Commission, the Railroad Commission of Texas, or the
4-22 office in a manner other than:
4-23 (i) the manner in which a member of the
4-24 general public is affected; or
4-25 (ii) by the setting of rates for the class
4-26 of customer to which the entity belongs; or
4-27 (3) uses or receives a substantial amount of tangible
5-1 goods, services, or funds from the department, the Public Utility
5-2 Commission of Texas, the Texas Natural Resource Conservation
5-3 Commission, the Railroad Commission of Texas, or the office, other
5-4 than compensation or reimbursement authorized by law for service as
5-5 public counsel.
5-6 (b) A person required to register as a lobbyist under
5-7 Chapter 305 because of the person's activities for compensation on
5-8 behalf of a profession related to the operation of the department,
5-9 the Public Utility Commission of Texas, the Texas Natural Resource
5-10 Conservation Commission, the Railroad Commission of Texas, or the
5-11 office may not serve as public counsel.
5-12 (c) A person otherwise ineligible under Subsection (a)(2)
5-13 may be appointed and serve as public counsel if the person:
5-14 (1) notifies the attorney general, the department, the
5-15 Public Utility Commission of Texas, the Texas Natural Resource
5-16 Conservation Commission, the Railroad Commission of Texas, or the
5-17 office that the person is ineligible because of Subsection (a)(2);
5-18 and
5-19 (2) the person or the person's spouse divests the
5-20 ownership or control:
5-21 (A) before beginning service; or
5-22 (B) if the person is already serving, within a
5-23 reasonable time.
5-24 Sec. 2010.044. GROUNDS FOR REMOVAL. (a) It is a ground for
5-25 removal from office that the public counsel:
5-26 (1) does not have at the time of appointment or
5-27 maintain during service as public counsel the qualifications
6-1 required by Section 2010.042;
6-2 (2) violates a prohibition provided by Section
6-3 2010.045 or 2010.062, or, subject to Section 2010.043(c), by
6-4 Section 2010.043; or
6-5 (3) cannot discharge the public counsel's duties for a
6-6 substantial part of the term for which the public counsel is
6-7 appointed because of illness or disability.
6-8 (b) The validity of an action of the office is not affected
6-9 by the fact that the action is taken when a ground for removal of
6-10 the public counsel exists.
6-11 Sec. 2010.045. PROHIBITED ACTS. (a) The public counsel may
6-12 not:
6-13 (1) have a direct or indirect interest in a business
6-14 entity regulated under:
6-15 (A) the Insurance Code or another insurance law
6-16 of this state;
6-17 (B) the Utilities Code; or
6-18 (C) a law administered or enforced by the Texas
6-19 Natural Resource Conservation Commission; or
6-20 (2) provide legal services directly or indirectly to
6-21 or be employed in any capacity by a business entity described by
6-22 Subdivision (1) or by the parent or a subsidiary of such a business
6-23 entity.
6-24 (b) The prohibition prescribed by Subsection (a) applies
6-25 during the period of the public counsel's service and until the
6-26 second anniversary of the date the public counsel ceases to serve
6-27 as public counsel.
7-1 (c) This section does not prohibit a person from otherwise
7-2 engaging in the private practice of law after the person ceases to
7-3 serve as public counsel.
7-4 (Sections 2010.046-2010.060 reserved for expansion
7-5 SUBCHAPTER D. OFFICE PERSONNEL AND ADMINISTRATION
7-6 Sec. 2010.061. PERSONNEL. The public counsel may employ
7-7 lawyers, economists, engineers, consultants, statisticians,
7-8 accountants, clerical staff, and other employees as the public
7-9 counsel considers necessary to implement this chapter.
7-10 Sec. 2010.062. PROHIBITION ON RELATIONSHIP WITH TRADE
7-11 ASSOCIATION. (a) In this section, "Texas trade association" means
7-12 a cooperative and voluntarily joined association of businesses or
7-13 professionals regulated by this state or of business or
7-14 professional competitors in this state designed to assist its
7-15 members and its industry or profession in dealing with mutual
7-16 business or professional problems and in promoting their common
7-17 interest.
7-18 (b) A person may not serve as public counsel and may not be
7-19 an office employee employed in a "bona fide executive,
7-20 administrative, or professional capacity," as that phrase is used
7-21 for purposes of establishing an exemption to the overtime
7-22 provisions of the federal Fair Labor Standards Act of 1938 (29
7-23 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
7-24 (1) the person is an officer, employee, or paid
7-25 consultant of a Texas trade association whose members provide
7-26 services subject to regulation or whose members provide services
7-27 whose fees are subject to regulation by the department, the Public
8-1 Utility Commission of Texas, the Texas Natural Resource
8-2 Conservation Commission, the Railroad Commission of Texas, or the
8-3 office; or
8-4 (2) the person's spouse is an officer, manager, or
8-5 paid consultant of a Texas trade association whose members provide
8-6 services subject to regulation or whose members provide services
8-7 whose fees are subject to regulation by the department, the Public
8-8 Utility Commission of Texas, the Texas Natural Resource
8-9 Conservation Commission, the Railroad Commission of Texas, or the
8-10 office.
8-11 Sec. 2010.063. PROHIBITION ON SUBSEQUENT EMPLOYMENT OR
8-12 REPRESENTATION. (a) A former public counsel may not, before the
8-13 second anniversary of the date the person ceases to serve as public
8-14 counsel, make a communication or appearance described by Subsection
8-15 (b) to or before:
8-16 (1) the department, the Public Utility Commission of
8-17 Texas, the Texas Natural Resource Conservation Commission, the
8-18 Railroad Commission of Texas, the office, or, in a matter before
8-19 one of those agencies, the State Office of Administrative Hearings;
8-20 or
8-21 (2) an officer or employee of an agency listed in
8-22 Subdivision (1), with the prohibition extending to an officer or
8-23 employee of the State Office of Administrative Hearings, only in a
8-24 matter before one of the other listed agencies.
8-25 (b) Subsection (a) applies to a communication or appearance
8-26 if the communication or appearance is made:
8-27 (1) on behalf of another person in connection with any
9-1 matter on which the person seeks official action; or
9-2 (2) with the intent to influence a decision or action,
9-3 unless the former public counsel is acting on the person's own
9-4 behalf and without remuneration.
9-5 (c) A former public counsel may not represent any person or
9-6 receive compensation for services rendered on behalf of any person
9-7 regarding a matter before the department, the Public Utility
9-8 Commission of Texas, the Texas Natural Resource Conservation
9-9 Commission, the Railroad Commission of Texas, or the office,
9-10 including a matter before one of those agencies being heard by the
9-11 State Office of Administrative Hearings, before the second
9-12 anniversary of the date the person ceases to serve as public
9-13 counsel.
9-14 (d) A former public counsel or former employee of the office
9-15 may not represent any person or receive compensation for services
9-16 rendered on behalf of any person regarding a particular matter in
9-17 which the former public counsel or former employee participated
9-18 during the period of employment, either through personal
9-19 involvement or because the case or proceeding was a matter within
9-20 the former public counsel or former employee's official
9-21 responsibility. In this subsection, "particular matter" has the
9-22 meaning assigned by Section 572.054.
9-23 (e) Subsection (d) does not apply to a rulemaking proceeding
9-24 that was concluded before the former public counsel's or former
9-25 employee's service or employment ceased. After a rulemaking
9-26 proceeding is concluded, a matter involving the application of the
9-27 rule is a different matter than the rulemaking proceeding under
10-1 which the rule was adopted.
10-2 (f) A person commits an offense if the person violates this
10-3 section. An offense under this subsection is a Class A
10-4 misdemeanor.
10-5 Sec. 2010.064. CAREER LADDER PROGRAM; PERFORMANCE
10-6 EVALUATIONS; MERIT PAY. (a) The public counsel or the public
10-7 counsel's designee shall develop an intra-agency career ladder
10-8 program that addresses opportunities for mobility and advancement
10-9 for office employees. The program shall require intra-agency
10-10 postings of each position concurrently with any public posting.
10-11 (b) The public counsel or the public counsel's designee
10-12 shall develop a system of annual performance evaluations that are
10-13 based on documented employee performance. Merit pay for office
10-14 employees must be based on the system established under this
10-15 subsection.
10-16 Sec. 2010.065. EQUAL EMPLOYMENT OPPORTUNITY POLICY
10-17 STATEMENT. (a) The public counsel or the public counsel's
10-18 designee shall prepare and maintain a written policy statement to
10-19 ensure implementation of a program of equal employment opportunity
10-20 under which all personnel transactions are made without regard to
10-21 race, color, disability, sex, religion, age, or national origin.
10-22 (b) The policy statement under Subsection (a) must include:
10-23 (1) personnel policies, including policies related to
10-24 recruitment, evaluation, selection, appointment, training, and
10-25 promotion of personnel, that are in compliance with the
10-26 requirements of Chapter 21, Labor Code;
10-27 (2) a comprehensive analysis of the office workforce
11-1 that meets federal and state guidelines;
11-2 (3) procedures by which a determination can be made
11-3 about the extent of underuse in the office workforce of all persons
11-4 for whom federal or state guidelines encourage a more equitable
11-5 balance; and
11-6 (4) reasonable methods to appropriately address the
11-7 underuse.
11-8 (c) A policy statement prepared under Subsection (b) must:
11-9 (1) cover an annual period;
11-10 (2) be updated at least annually;
11-11 (3) be reviewed by the Commission on Human Rights for
11-12 compliance with Subsection (b)(1); and
11-13 (4) be filed with the governor's office.
11-14 (d) The governor's office shall deliver a biennial report to
11-15 the legislature based on the information received under Subsection
11-16 (c). The report may be made separately or as a part of other
11-17 biennial reports to the legislature.
11-18 Sec. 2010.066. QUALIFICATIONS AND STANDARDS OF CONDUCT
11-19 INFORMATION. The office shall provide to office employees as often
11-20 as necessary information regarding their:
11-21 (1) qualifications for employment under this chapter;
11-22 and
11-23 (2) responsibilities under applicable laws relating to
11-24 standards of conduct for employees.
11-25 (Sections 2010.067-2010.080 reserved for expansion
11-26 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND REPORTS
11-27 Sec. 2010.081. PUBLIC INTEREST INFORMATION. The office
12-1 shall prepare information of public interest describing the
12-2 functions of the office. The office shall make the information
12-3 available to the public and appropriate state agencies.
12-4 Sec. 2010.082. PUBLIC PARTICIPATION. (a) The office shall
12-5 comply with federal and state laws related to program and facility
12-6 accessibility.
12-7 (b) The office shall prepare and maintain a written plan
12-8 that describes how a person who does not speak English may be
12-9 provided reasonable access to the office's programs and services.
12-10 Sec. 2010.083. ANNUAL REPORT. The office shall prepare
12-11 annually a complete and detailed written report accounting for all
12-12 funds received and disbursed by the office during the preceding
12-13 fiscal year. The annual report must meet the reporting
12-14 requirements applicable to financial reporting in general law and
12-15 the General Appropriations Act.
12-16 SECTION 2. The heading of Article 1.35A, Insurance Code, is
12-17 amended to read as follows:
12-18 Art. 1.35A. OFFICE OF PUBLIC INTEREST [INSURANCE] COUNSEL
12-19 SECTION 3. Section 1, Article 1.35A, Insurance Code, is
12-20 amended to read as follows:
12-21 Sec. 1. A reference in law to the [The independent] office
12-22 of public insurance counsel or to the head of that office means the
12-23 office of public interest counsel or, as appropriate, the public
12-24 counsel, as created by Chapter 2010, Government Code [is created to
12-25 represent the interests of insurance consumers in Texas].
12-26 SECTION 4. Sections 5(a) and (e), Article 1.35A, Insurance
12-27 Code, are amended to read as follows:
13-1 (a) The office of public interest [insurance] counsel may
13-2 assess the impact of insurance rates, rules, and forms on insurance
13-3 consumers in Texas and, in its own name, shall act as an advocate
13-4 of positions that are most advantageous to a substantial number of
13-5 insurance consumers as determined by the public counsel for the
13-6 office.
13-7 (e) The office of public interest [insurance] counsel shall
13-8 develop and implement a system to compare and evaluate, on an
13-9 objective basis, the quality of care provided by and the
13-10 performance of health maintenance organizations that are
13-11 established under the Texas Health Maintenance Organization Act
13-12 (Chapter 20A, Vernon's Texas Insurance Code).
13-13 (1) In developing the system under this subsection,
13-14 the office of public interest [insurance] counsel may use
13-15 information or data from any person, agency, organization, or
13-16 governmental unit that the office deems reliable.
13-17 (2) The office of public interest [insurance] counsel
13-18 shall develop and issue annually consumer report cards that
13-19 identify and compare, on an objective basis, health maintenance
13-20 organizations in this state. The consumer report card may be based
13-21 on information or data from any person, agency, organization, or
13-22 governmental unit that the office deems reliable.
13-23 (3) The department and the health care information
13-24 council shall provide information or data as requested by the
13-25 office of public interest [insurance] counsel in furtherance of
13-26 these duties.
13-27 (4) The office of public interest [insurance] counsel
14-1 shall use the information collected or received under this
14-2 subsection for the benefit of the public. Except as provided by
14-3 this subsection, the information is subject to the open records
14-4 law, Chapter 552, Government Code, and the office of public
14-5 interest [insurance] counsel shall make determinations on requests
14-6 for information in favor of access.
14-7 (5) The office of public interest [insurance] counsel
14-8 is entitled to information that is confidential under any law of
14-9 this state, including Section 27, Texas Health Maintenance
14-10 Organization Act (Article 20A.27, Vernon's Texas Insurance Code),
14-11 Chapter 108, Health and Safety Code, and the open records law,
14-12 Chapter 552, Government Code.
14-13 (6) The office of public interest [insurance] counsel
14-14 may not make public confidential information provided to the office
14-15 under this subsection but may disclose a summary of the information
14-16 that does not directly or indirectly identify the health
14-17 maintenance organization that is the subject of the information.
14-18 The office of public interest [insurance] counsel may not release,
14-19 and a person or entity may not gain access to, any information
14-20 that:
14-21 (A) could reasonably be expected to reveal the
14-22 identity of a patient or physician or that reveals the zip code of
14-23 a patient's primary residence;
14-24 (B) discloses provider discounts or
14-25 differentials between payments and billed charges; or
14-26 (C) relates to actual payments to an identified
14-27 provider made by a payer.
15-1 (7) Information collected or used by the office of
15-2 public interest [insurance] counsel under this subsection is
15-3 subject to the confidentiality provisions and criminal penalties
15-4 of:
15-5 (A) Section 81.103, Health and Safety Code;
15-6 (B) Section 311.037, Health and Safety Code; and
15-7 (C) Chapter 159, Occupations Code [Section 5.08,
15-8 Medical Practice Act (Article 4495b, Vernon's Texas Civil
15-9 Statutes)].
15-10 (8) Information that is in the possession of the
15-11 office of public interest [insurance] counsel and that relates to
15-12 patients and physicians and any compilation, report, or analysis
15-13 produced from the information that identifies patients and
15-14 physicians is not:
15-15 (A) subject to discovery, subpoena, or other
15-16 means of legal compulsion for release to any person or entity; or
15-17 (B) admissible in any civil, administrative, or
15-18 criminal proceeding.
15-19 (9) Notwithstanding Subdivision (6)(A) of this
15-20 subsection, the office of public interest [insurance] counsel may
15-21 use zip code information to analyze information on a geographic
15-22 basis.
15-23 (10) The office of public interest [insurance] counsel
15-24 may not endorse or recommend a specific health maintenance
15-25 organization or plan, or subjectively rate or rank such
15-26 organizations or plans, other than through comparison and
15-27 evaluation of objective criteria.
16-1 (11) The office of public interest [insurance] counsel
16-2 shall provide a copy of the consumer report to any person on
16-3 request on payment of a reasonable fee.
16-4 SECTION 5. Article 1.35B, Insurance Code, is amended to read
16-5 as follows:
16-6 Art. 1.35B. ASSESSMENT FOR THE OFFICE OF PUBLIC INTEREST
16-7 [INSURANCE] COUNSEL, INSURANCE DIVISION. (a) To defray the costs
16-8 of [creating,] administering[,] and operating the insurance
16-9 division of the office of public interest [insurance] counsel, the
16-10 comptroller shall collect the following assessments annually in
16-11 connection with the collection of other taxes imposed on insurers:
16-12 (1) each property and casualty insurer authorized to
16-13 do business in this state shall pay an annual assessment of 5.7
16-14 cents for each policy of property and casualty insurance in force
16-15 at year end in this state;
16-16 (2) each insurer shall pay an annual assessment of 5.7
16-17 cents for each individual policy, and for each certificate of
16-18 insurance evidencing coverage under a group policy, of life,
16-19 health, or accident insurance written for delivery and placed in
16-20 force with the initial premium thereon paid in full in this state
16-21 during each calendar year if the insurer is authorized to do
16-22 business in this state under:
16-23 (A) Chapter 3, 10, 11, 14, 20, 22, 23, or 25 of
16-24 this code;
16-25 (B) Chapter 113, Acts of the 53rd Legislature,
16-26 Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance
16-27 Code);
17-1 (C) Section 1, Chapter 417, Acts of the 56th
17-2 Legislature, Regular Session, 1959 (Article 3.49-2, Vernon's Texas
17-3 Insurance Code);
17-4 (D) the Texas Employees Uniform Group Insurance
17-5 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code);
17-6 (E) the Texas State College and University
17-7 Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
17-8 Texas Insurance Code);
17-9 (F) Section 1, Chapter 123, Acts of the 60th
17-10 Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's Texas
17-11 Insurance Code);
17-12 (G) Section 1, Chapter 387, Acts of the 55th
17-13 Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
17-14 Insurance Code);
17-15 (H) Sections 1 to 3A and 4 to 13, Chapter 397,
17-16 Acts of the 54th Legislature, Regular Session, 1955 (Articles
17-17 3.70-1 to 3.70-3A and 3.70-4 to 3.70-11, Vernon's Texas Insurance
17-18 Code); or
17-19 (I) the Texas Health Maintenance Organization
17-20 Act (Chapter 20A, Vernon's Texas Insurance Code); and
17-21 (3) each title insurance company authorized to do
17-22 business in this state shall pay an annual assessment of 5.7 cents
17-23 for each owner policy and mortgage policy of title insurance
17-24 written for delivery in this state during each calendar year and
17-25 for which the full basic premium is charged.
17-26 (b) The office of public interest [insurance] counsel
17-27 account, insurance division, is created in the State Treasury, and
18-1 all assessments collected under this article must be deposited in
18-2 the State Treasury to the credit of that account as provided by
18-3 rules of the comptroller of public accounts.
18-4 (c) The comptroller of public accounts shall adopt necessary
18-5 rules to provide for the payment to the office of public interest
18-6 [insurance] counsel account, insurance division, of assessments
18-7 collected from insurers under this article.
18-8 (d) Money deposited in the office of public interest
18-9 [insurance] counsel account, insurance division, may be
18-10 appropriated for the purpose of paying the costs of [creating,]
18-11 administering[,] and operating the insurance division of the
18-12 office.
18-13 SECTION 6. Sections 11.003(8) and (12), Utilities Code, are
18-14 amended to read as follows:
18-15 (8) "Counsellor" or "public counsel" means the public
18-16 [utility] counsel created under Chapter 2010, Government Code.
18-17 (12) "Office" means the office of public interest
18-18 counsel created under Chapter 2010, Government Code [Office of
18-19 Public Utility Counsel].
18-20 SECTION 7. The heading of Chapter 13, Utilities Code, is
18-21 amended to read as follows:
18-22 CHAPTER 13. POWERS AND DUTIES [OFFICE] OF
18-23 PUBLIC INTEREST [UTILITY] COUNSEL
18-24 SECTION 8. Sections 13.003(a) and (c), Utilities Code, are
18-25 amended to read as follows:
18-26 (a) The office:
18-27 (1) shall assess the effect of utility rate changes
19-1 and other regulatory actions on residential consumers in this
19-2 state;
19-3 (2) shall advocate in the office's own name a position
19-4 determined by the public counsel [counsellor] to be most
19-5 advantageous to a substantial number of residential consumers;
19-6 (3) may appear or intervene, as a party or otherwise,
19-7 as a matter of right on behalf of:
19-8 (A) residential consumers, as a class, in any
19-9 proceeding before the commission, including an alternative dispute
19-10 resolution proceeding; and
19-11 (B) small commercial consumers, as a class, in
19-12 any proceeding in which the public counsel [counsellor] determines
19-13 that small commercial consumers are in need of representation,
19-14 including an alternative dispute resolution proceeding;
19-15 (4) may initiate or intervene as a matter of right or
19-16 otherwise appear in a judicial proceeding:
19-17 (A) that involves an action taken by an
19-18 administrative agency in a proceeding, including an alternative
19-19 dispute resolution proceeding, in which the public counsel
19-20 [counsellor] is authorized to appear; or
19-21 (B) in which the public counsel [counsellor]
19-22 determines that residential electricity consumers or small
19-23 commercial electricity consumers are in need of representation;
19-24 (5) is entitled to the same access as a party, other
19-25 than commission staff, to records gathered by the commission under
19-26 Section 14.204;
19-27 (6) is entitled to discovery of any nonprivileged
20-1 matter that is relevant to the subject matter of a proceeding or
20-2 petition before the commission;
20-3 (7) may represent an individual residential or small
20-4 commercial consumer with respect to the consumer's disputed
20-5 complaint concerning utility services that is unresolved before the
20-6 commission; and
20-7 (8) may recommend legislation to the legislature that
20-8 the office determines would positively affect the interests of
20-9 residential and small commercial consumers.
20-10 (c) The appearance of the public counsel [counsellor] in a
20-11 proceeding does not preclude the appearance of other parties on
20-12 behalf of residential or small commercial consumers. The public
20-13 counsel [counsellor] may not be grouped with any other party.
20-14 SECTION 9. Chapter 13, Utilities Code, is amended by adding
20-15 Section 13.004 to read as follows:
20-16 Sec. 13.004. REFERENCES IN LAW. (a) A reference in law to
20-17 the counsellor is a reference to the public counsel created under
20-18 Chapter 2010, Government Code.
20-19 (b) A reference in law to the Office of Public Utility
20-20 Counsel is a reference to the office of public interest counsel
20-21 created under Chapter 2010, Government Code.
20-22 SECTION 10. Section 101.003(5), Utilities Code, is amended to
20-23 read as follows:
20-24 (5) "Counsellor" or "public counsel" means the public
20-25 counsel created under Chapter 2010, Government Code [chief
20-26 executive of the Office of Public Utility Counsel].
20-27 SECTION 11. The heading of Subchapter B, Chapter 101,
21-1 Utilities Code, is amended to read as follows:
21-2 SUBCHAPTER B. POWERS AND DUTIES [OFFICE] OF
21-3 PUBLIC INTEREST [UTILITY] COUNSEL
21-4 SECTION 12. Section 101.052(d), Utilities Code, is amended to
21-5 read as follows:
21-6 (d) The appearance of the public counsel [counsellor] in a
21-7 proceeding does not preclude the appearance of other parties on
21-8 behalf of residential consumers. The public counsel [counsellor]
21-9 may not be grouped with any other party.
21-10 SECTION 13. Section 5.273, Water Code, is amended to read as
21-11 follows:
21-12 Sec. 5.273. DUTIES OF THE PUBLIC [INTEREST] COUNSEL. The
21-13 public counsel shall represent the public interest and be a party
21-14 to all proceedings before the commission.
21-15 SECTION 14. Section 5.275, Water Code, is amended to read as
21-16 follows:
21-17 Sec. 5.275. APPEAL. A ruling, decision, or other act of the
21-18 commission may not be appealed by the public counsel.
21-19 SECTION 15. Subchapter G, Chapter 5, Water Code, is amended
21-20 by adding Section 5.276 to read as follows:
21-21 Sec. 5.276. REFERENCES IN LAW. (a) A reference in law to
21-22 the public interest counsel or to the previous name for that
21-23 position, the public interest advocate, is a reference to the
21-24 public counsel created under Chapter 2010, Government Code.
21-25 (b) A reference in law to the office of public interest
21-26 counsel or the office of public interest is a reference to the
21-27 office of public interest counsel created under Chapter 2010,
22-1 Government Code.
22-2 SECTION 16. The following provisions are repealed:
22-3 (1) Sections 5.271 and 5.272, Water Code;
22-4 (2) Sections 13.001, 13.002, 101.051, 101.053, and
22-5 101.054, Utilities Code;
22-6 (3) Subchapters B, C, and D, Chapter 13, Utilities
22-7 Code;
22-8 (4) the subchapter heading to Subchapter A, Chapter
22-9 13, Utilities Code; and
22-10 (5) Sections 2, 3, 4, 6, and 7, Article 1.35A,
22-11 Insurance Code.
22-12 SECTION 17. As soon as possible after September 1, 2001, the
22-13 governor shall appoint a public counsel under Chapter 2010,
22-14 Government Code, as added by this Act, to a term ending February 1,
22-15 2003.
22-16 SECTION 18. (a) On the appointment of a public counsel
22-17 under Chapter 2010, Government Code, as added by this Act, the
22-18 office of public interest counsel of the Texas Natural Resource
22-19 Conservation Commission, the Office of Public Utility Counsel, and
22-20 the office of public insurance counsel are abolished and the
22-21 following are transferred to the office of public interest counsel
22-22 as created by this Act:
22-23 (1) all of the rights, powers, duties, functions,
22-24 programs, and activities assigned to:
22-25 (A) the Texas Natural Resource Conservation
22-26 Commission or to the commission's officers or employees by
22-27 Subchapter G, Chapter 5, Water Code;
23-1 (B) the Office of Public Utility Counsel or to
23-2 the head of the office or the office's employees; and
23-3 (C) the office of public insurance counsel or to
23-4 the head of the office or the office's employees;
23-5 (2) all funds, obligations, contracts, property, and
23-6 records of:
23-7 (A) the Texas Natural Resource Conservation
23-8 Commission relating to the activities of the office of public
23-9 interest counsel under Subchapter G, Chapter 5, Water Code;
23-10 (B) the Office of Public Utility Counsel; and
23-11 (C) the office of public insurance counsel;
23-12 (3) all employees of:
23-13 (A) the Texas Natural Resource Conservation
23-14 Commission who perform duties relating to representing the interest
23-15 of the public under Subchapter G, Chapter 5, Water Code, to be
23-16 assigned duties by the public counsel;
23-17 (B) the Office of Public Utility Counsel, to be
23-18 assigned duties by the public counsel; and
23-19 (C) the office of public insurance counsel, to
23-20 be assigned duties by the public counsel; and
23-21 (4) all appropriations to:
23-22 (A) the Texas Natural Resource Conservation
23-23 Commission for activities relating to the performance of duties
23-24 under Subchapter G, Chapter 5, Water Code;
23-25 (B) the Office of Public Utility Counsel; and
23-26 (C) the office of public insurance counsel.
23-27 (b) A rule or form adopted by the Texas Natural Resource
24-1 Conservation Commission that relates to representing the interests
24-2 of consumers or the public under Subchapter G, Chapter 5, Water
24-3 Code, by the Office of Public Utility Counsel, or by the office of
24-4 public insurance counsel is a rule or form of the office of public
24-5 interest counsel as created by this Act and remains in effect until
24-6 altered by the office. The secretary of state may take action
24-7 necessary to expedite the implementation of this subsection.
24-8 (c) The office of public interest counsel as created by this
24-9 Act assumes, without a change in status, the position of the office
24-10 of public interest counsel of the Texas Natural Resource
24-11 Conservation Commission, the Office of Public Utility Counsel, or
24-12 the office of public insurance counsel in any proceeding.
24-13 (d) Until a public counsel is appointed under Chapter 2010,
24-14 Government Code, as added by this Act, the office of public
24-15 interest counsel of the Texas Natural Resource Conservation
24-16 Commission, the Office of Public Utility Counsel, and the office of
24-17 public insurance counsel shall continue to function under
24-18 applicable law as it existed immediately before the effective date
24-19 of this Act or as modified by another Act of the 77th Legislature,
24-20 Regular Session, 2001, that becomes law, and the former law is
24-21 continued in effect for that purpose.
24-22 SECTION 19. The transfer of powers, duties, functions,
24-23 programs, and activities under this Act does not affect or impair
24-24 any act done, any obligation, right, order, license, permit, rule,
24-25 criterion, standard, or requirement existing, any investigation
24-26 begun, or any penalty accrued under former law.
24-27 SECTION 20. This Act takes effect September 1, 2001.