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78R7452 MTB-D

By:  Turner                                                       H.B. No. 1974



A BILL TO BE ENTITLED

AN ACT

relating to access by the Office of Public Utility Counsel to 
records gathered by the Public Utility Commission of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 13.003(a), Utilities Code, is amended to 
read as follows:
	(a)  The office:                                                               
		(1)  shall assess the effect of utility rate changes 
and other regulatory actions on residential consumers in this 
state;
		(2)  shall advocate in the office's own name a position 
determined by the counsellor to be most advantageous to a 
substantial number of residential consumers;
		(3)  may appear or intervene, as a party or otherwise, 
as a matter of right on behalf of:
			(A)  residential consumers, as a class, in any 
proceeding before the commission, including an alternative dispute 
resolution proceeding;  and
			(B)  small commercial consumers, as a class, in 
any proceeding in which the counsellor determines that small 
commercial consumers are in need of representation, including an 
alternative dispute resolution proceeding;
		(4)  may initiate or intervene as a matter of right or 
otherwise appear in a judicial proceeding:
			(A)  that involves an action taken by an 
administrative agency in a proceeding, including an alternative 
dispute resolution proceeding, in which the counsellor is 
authorized to appear; or
			(B)  in which the counsellor determines that 
residential electricity consumers or small commercial electricity 
consumers are in need of representation;
		(5)  is entitled to [the same] access [as a party, other 
than commission staff,] to records gathered by the commission 
[under Section 14.204];
		(6)  is entitled to discovery of any nonprivileged 
matter that is relevant to the subject matter of a proceeding or 
petition before the commission;
		(7)  may represent an individual residential or small 
commercial consumer with respect to the consumer's disputed 
complaint concerning utility services that is unresolved before the 
commission; and
		(8)  may recommend legislation to the legislature that 
the office determines would positively affect the interests of 
residential and small commercial consumers.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.