Amend SB 409 on third reading 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 may represent the interests of residential 
and small commercial consumers under this chapter. In representing 
residential and small commercial consumers under this chapter, the 
office has the same powers and duties in relation to water issues 
that the office has under Chapter 13, Utilities Code, in relation to 
electricity and telecommunications issues, including the powers 
and duties prescribed by Section 13.003, Utilities Code.
	(c)  This section does not limit the authority of the 
commission to represent residential or small commercial consumers.
	(d)  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.