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Amend CSHB 409 by adding the following appropriately numbered 
sections and renumbering subsequent sections accordingly:
	SECTION __.  Section 5.273(a), Water Code, is amended to 
read as follows:    
	(a)  The counsel shall represent the public interest and be a 
party to all proceedings before the commission, other than a 
proceeding under Chapter 13.
	SECTION __.  Subchapter B, Chapter 13, Water Code, is 
amended by adding Section 13.017 to read as follows:
	Sec. 13.017.  OFFICE OF PUBLIC UTILITY COUNSEL.  (a)  In this 
section, "counselor" and "office" have the meanings assigned by 
Section 11.003, Utilities Code.
	(b)  The office shall represent the interests of residential 
and small commercial consumers under this chapter.
	(c)  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 counselor 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 counselor 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 counselor is authorized 
to appear; or
			(B)  in which the counselor determines that 
residential consumers or small commercial 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 13.133;
		(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 retail 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.
	(d)  This section does not limit the authority of the 
commission to represent residential or small commercial consumers.
	(e)  The appearance of the counselor in a proceeding does not 
preclude the appearance of other parties on behalf of residential 
or small commercial consumers.  The counselor may not be grouped 
with any other party.
	SECTION __.  (a)  Not later than January 1, 2006, the 
following are transferred from the Office of Public Interest 
Counsel to the Office of Public Utility Counsel:
		(1)  the powers, duties, functions, programs, and 
activities of the Office of Public Interest Counsel relating to 
water and sewer services regulated under Chapter 13, Water Code;
		(2)  all obligations and contracts of the Office of 
Public Interest Counsel that are related to a power, duty, 
function, program, or activity transferred under this subsection; 
and
		(3)  all property and records in the custody of the 
Office of Public Interest Counsel that are related to a power, duty, 
function, program, or activity transferred under this subsection 
and all funds appropriated by the legislature for that power, duty, 
function, program, or activity.
	(b)  A rule or form adopted by the Office of Public Interest 
Counsel that relates to a power, duty, function, program, or 
activity transferred under Subsection (a) of this section is a rule 
or form of the Office of Public Utility Counsel and remains in 
effect until altered by the Office of Public Utility Counsel.
	(c)  A reference in law to the Office of Public Interest 
Counsel that relates to a power, duty, function, program, or 
activity transferred under Subsection (a) of this section means the 
Office of Public Utility Counsel.