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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation of and powers and duties of the Office |
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of Public Utility Counsel to represent residential and small |
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commercial utility consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.273(a), Water Code, is amended to read |
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as follows: |
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(a) The counsel shall represent the public interest and be a |
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party to all proceedings before the commission, other than a |
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proceeding under Chapter 13. |
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SECTION 2. Subchapter B, Chapter 13, Water Code, is amended |
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by adding Section 13.017 to read as follows: |
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Sec. 13.017. OFFICE OF PUBLIC UTILITY COUNSEL; POWERS AND |
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DUTIES. (a) In this section, "counsellor" and "office" have the |
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meanings assigned by Section 11.003, Utilities Code. |
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(b) The office represents the interests of residential and |
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small commercial consumers under this chapter. The office: |
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(1) shall assess the effect of utility rate changes |
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and other regulatory actions on residential consumers in this |
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state; |
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(2) shall advocate in the office's own name a position |
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determined by the counsellor to be most advantageous to a |
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substantial number of residential consumers; |
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(3) may appear or intervene, as a party or otherwise, |
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as a matter of right on behalf of: |
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(A) residential consumers, as a class, in any |
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proceeding before the commission, including an alternative dispute |
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resolution proceeding; and |
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(B) small commercial consumers, as a class, in |
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any proceeding in which the counsellor determines that small |
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commercial consumers are in need of representation, including an |
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alternative dispute resolution proceeding; |
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(4) may initiate or intervene as a matter of right or |
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otherwise appear in a judicial proceeding: |
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(A) that involves an action taken by an |
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administrative agency in a proceeding, including an alternative |
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dispute resolution proceeding, in which the counsellor is |
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authorized to appear; or |
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(B) in which the counsellor determines that |
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residential consumers or small commercial consumers are in need of |
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representation; |
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(5) is entitled to the same access as a party, other |
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than commission staff, to records gathered by the commission under |
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Section 13.133; |
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(6) is entitled to discovery of any nonprivileged |
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matter that is relevant to the subject matter of a proceeding or |
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petition before the commission; |
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(7) may represent an individual residential or small |
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commercial consumer with respect to the consumer's disputed |
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complaint concerning retail utility services that is unresolved |
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before the commission; and |
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(8) may recommend legislation to the legislature that |
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the office determines would positively affect the interests of |
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residential and small commercial consumers. |
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(c) This section does not limit the authority of the |
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commission to represent residential or small commercial consumers. |
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(d) The appearance of the counsellor in a proceeding does |
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not preclude the appearance of other parties on behalf of |
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residential or small commercial consumers. The counsellor may not |
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be grouped with any other party. |
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SECTION 3. Section 13.002, Utilities Code, is amended to |
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read as follows: |
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Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of |
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Public Utility Counsel is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the office is abolished and this chapter expires |
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September 1, 2023 [2011]. |
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SECTION 4. Section 15.033, Utilities Code, is amended to |
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read as follows: |
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Sec. 15.033. DISPOSITION OF FINES AND PENALTIES. (a) A fine |
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or penalty collected under this title, other than a fine or penalty |
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collected in a criminal proceeding or a penalty collected under |
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Section 15.027(a), shall be paid to the commission. |
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(b) One-half of the first $10 million in administrative |
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penalties paid to the commission under this subchapter during a |
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state fiscal biennium may be appropriated only to fund the Office of |
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Public Utility Counsel. |
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SECTION 5. Section 101.051, Utilities Code, is amended to |
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read as follows: |
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Sec. 101.051. OFFICE OF PUBLIC UTILITY COUNSEL. The |
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independent office of public utility counsel represents the |
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interests of residential and small commercial consumers. |
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SECTION 6. Section 101.052, Utilities Code, is amended to |
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read as follows: |
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Sec. 101.052. OFFICE POWERS AND DUTIES. (a) The office: |
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(1) shall assess the effect of utility rate changes |
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and other regulatory actions on residential consumers in this |
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state; |
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(2) shall advocate in the office's own name a position |
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determined by the counsellor to be most advantageous to a |
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substantial number of residential consumers; |
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(3) may appear or intervene, as a party or otherwise, |
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as a matter of right on behalf of: |
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(A) [represent] residential consumers, as a |
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class, in any proceeding before [appeals to] the railroad |
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commission, including an alternative dispute resolution |
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proceeding; or |
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(B) small commercial consumers, as a class, in |
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any proceeding in which the counsellor determines that small |
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commercial consumers are in need of representation, including an |
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alternative dispute resolution proceeding [only at the written
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request of an affected municipality's governing body]; |
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(4) [(2)] may initiate or intervene as a matter of |
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right or otherwise appear in a judicial proceeding: |
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(A) that involves an action taken by an |
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administrative agency [the railroad commission] in a proceeding, |
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including an alternative dispute resolution proceeding, in which |
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the office is authorized to appear; or |
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(B) in which the counsellor determines that |
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residential consumers or small commercial consumers are in need of |
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representation [was a party]; |
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(5) [(3)] is entitled to the same access as a party, |
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other than railroad commission staff, to records gathered by the |
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railroad commission under Section 102.203; |
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(6) [(4)] is entitled to discovery of any |
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nonprivileged matter that is relevant to the subject matter of a |
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proceeding or petition before the railroad commission; |
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(7) [(5)] may represent an individual residential or |
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small commercial consumer with respect to the consumer's disputed |
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complaint concerning utility services that is unresolved before the |
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railroad commission; and |
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(8) [(6)] may recommend legislation to the |
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legislature that the office determines would positively affect the |
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interests of residential and small commercial consumers. |
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(b) [The office may represent only as a class the
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residential consumers of a municipality that makes a request under
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Subsection (a)(1).
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[(c)] This section does not limit the authority of the |
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railroad commission to represent residential or small commercial |
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consumers. |
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(c) [(d)] The appearance of the counsellor in a proceeding |
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does not preclude the appearance of other parties on behalf of |
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residential or small commercial consumers. The counsellor may not |
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be grouped with any other party. |
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SECTION 7. Not later than January 1, 2012, the following are |
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transferred from the Office of Public Interest Counsel to the |
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Office of Public Utility Counsel: |
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(1) the powers, duties, functions, programs, and |
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activities of the Office of Public Interest Counsel relating to |
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water and sewer services regulated under Chapter 13, Water Code; |
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(2) all obligations and contracts of the Office of |
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Public Interest Counsel that are related to a power, duty, |
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function, program, or activity transferred under this section; and |
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(3) all property and records in the custody of the |
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Office of Public Interest Counsel that are related to a power, duty, |
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function, program, or activity transferred under this section. |
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SECTION 8. Amounts appropriated to the Texas Commission on |
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Environmental Quality by the 82nd Legislature, Regular Session, |
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2011, that may be used in relation to a power, duty, function, |
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program, or activity transferred under this Act are transferred to |
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the Office of Public Utility Counsel. |
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SECTION 9. A rule or form adopted by the Office of Public |
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Interest Counsel that relates to a power, duty, function, program, |
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or activity transferred under this Act is a rule or form of the |
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Office of Public Utility Counsel and remains in effect until |
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altered by the Office of Public Utility Counsel. |
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SECTION 10. A reference in law to the Office of Public |
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Interest Counsel that relates to a power, duty, function, program, |
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or activity transferred under this Act means the Office of Public |
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Utility Counsel. |
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SECTION 11. This Act takes effect September 1, 2011. |