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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Office of Public Utility Counsel to |
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access certain data. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.003, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(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) 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 electricity consumers or small commercial electricity |
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consumers are in need of representation; |
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(5) is entitled to: |
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(A) the same access as a party, other than |
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commission staff, to records gathered by the commission under |
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Section 14.204; and |
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(B) request and receive electricity market data, |
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including data related to reliability, generation resource |
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adequacy, long-term transmission planning, and transmission and |
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distribution system resiliency, from: |
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(i) the commission; |
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(ii) the independent organization |
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certified under Section 39.151 for the ERCOT power region; and |
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(iii) an electric utility; |
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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 utility services that is unresolved before the |
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commission; |
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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; and |
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(9) may advise persons who are interested parties for |
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purposes of Section 37.054 on procedural matters related to |
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proceedings before the commission on an application for a |
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certificate of convenience and necessity filed under Section |
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37.053. |
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(a-1) Information submitted to the office under Subsection |
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(a)(5)(B) is confidential and not subject to disclosure by the |
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office under Chapter 552, Government Code, if that information |
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would be confidential and not subject to disclosure by the |
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commission under Chapter 552, Government Code, or other law if the |
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commission held the information. |
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SECTION 2. This Act takes effect September 1, 2025. |
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