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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Office of Public Utility |
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Counsel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter G, Chapter 5, Water |
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Code, is amended to read as follows: |
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SUBCHAPTER G. OFFICE OF PUBLIC UTILITY [INTEREST] COUNSEL |
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SECTION 2. Section 5.271, Water Code, is amended to read as |
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follows: |
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Sec. 5.271. [CREATION AND GENERAL] RESPONSIBILITY OF THE |
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OFFICE OF PUBLIC UTILITY [INTEREST] COUNSEL. The office of public |
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utility [interest] counsel shall [is created to] ensure that the |
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commission promotes the public's interest and is responsive to |
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environmental and citizens' concerns including environmental |
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quality and consumer protection. |
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SECTION 3. The heading to Section 5.273, Water Code, is |
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amended to read as follows: |
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Sec. 5.273. DUTIES OF THE PUBLIC UTILITY [INTEREST] |
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COUNSEL. |
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SECTION 4. 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. (a) In this |
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section, "counsellor" and "office" have the meanings assigned by |
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Section 11.003, Utilities Code. |
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(b) The office shall represent the interests of residential |
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and small commercial consumers under this chapter. |
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(c) 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 services that is unresolved before the |
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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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(d) 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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(e) 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 5. Sections 5.272 and 5.274, Water Code, are |
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repealed. |
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SECTION 6. (a) On January 1, 2012, the Office of Public |
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Interest Counsel is abolished and the following are transferred to |
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the 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; |
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(2) all obligations and contracts of the Office of |
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Public Interest Counsel or the Texas Commission on Environmental |
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Quality that are related to a power, duty, function, program, or |
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activity transferred under this subsection; |
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(3) all property and records in the custody of the |
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Office of Public Interest Counsel or the Texas Commission on |
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Environmental Quality that are related to a power, duty, function, |
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program, or activity transferred under this subsection; and |
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(4) out of amounts appropriated to the Texas |
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Commission on Environmental Quality by the 82nd Legislature, |
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Regular Session, 2011, that may be used in relation to a power, |
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duty, function, program, or activity transferred under this |
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subsection, the following amounts: |
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(A) $_______ for the state fiscal year ending |
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August 31, 2012; and |
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(B) $_______ for the state fiscal year ending |
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August 31, 2013. |
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(b) A rule or form adopted by the Office of Public Interest |
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Counsel or the Texas Commission on Environmental Quality that |
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relates to a power, duty, function, program, or activity |
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transferred under Subsection (a) of this section is a rule or form |
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of the 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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(c) A reference in law to the Office of Public Interest |
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Counsel means the Office of Public Utility Counsel. |
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SECTION 7. This Act takes effect September 1, 2011. |