By: Duncan  S.B. No. 855
         (In the Senate - Filed February 22, 2011; March 1, 2011,
  read first time and referred to Committee on Business and Commerce;
  March 22, 2011, reported favorably by the following vote:  Yeas 9,
  Nays 0; March 22, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to assistance provided by the Office of Public Utility
  Counsel to interested parties on certain electricity matters
  involving certificates of convenience and necessity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 13.003, 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; and
               (9)  may advise persons who are interested parties for
  purposes of Section 37.054 on procedural matters related to
  proceedings before the commission on an application for a
  certificate of convenience and necessity filed under Section
  37.053.
         SECTION 2.  Subsection (a), Section 37.054, Utilities Code,
  is amended to read as follows:
         (a)  When an application for a certificate is filed, the
  commission shall:
               (1)  give notice of the application to interested
  parties and to the office; and
               (2)  if requested:
                     (A)  set a time and place for a hearing; and
                     (B)  give notice of the hearing.
         SECTION 3.  The change in law made by this Act to Section
  37.054, Utilities Code, applies only to an application for a
  certificate of convenience and necessity filed on or after the
  effective date of this Act. An application for a certificate of
  convenience and necessity filed before the effective date of this
  Act is governed by the law in effect at the time the application was
  filed, and the former law is continued in effect for that purpose.
         SECTION 4.  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, 2011.
 
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