S.B. No. 409




AN ACT
relating to the continuation and functions of the Office of Public Utility Counsel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 13.002, Utilities Code, is amended to read as follows: Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of Public Utility Counsel is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2011 [2005]. SECTION 2. Subchapter A, Chapter 13, Utilities Code, is amended by adding Sections 13.004 through 13.007 to read as follows: Sec. 13.004. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The counsellor shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal disputes under the office's jurisdiction. (b) The office's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. (c) The counsellor shall designate a trained person to: (1) coordinate the implementation of the policy adopted under Subsection (a); (2) serve as a resource for any training needed to implement the procedures for alternative dispute resolution; and (3) collect data concerning the effectiveness of those procedures, as implemented by the office. Sec. 13.005. COMPLAINTS. (a) The office shall maintain a system to promptly and efficiently act on complaints filed with the office that the office has the authority to resolve. The office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition. (b) The office shall make information available describing its procedures for complaint investigation and resolution. (c) The office shall periodically notify the complaint parties of the status of the complaint until final disposition. Sec. 13.006. TECHNOLOGY POLICY. The counsellor shall implement a policy requiring the office to use appropriate technological solutions to improve the office's ability to perform its functions. The policy must ensure that the public is able to interact with the office on the Internet. Sec. 13.007. MANAGEMENT AUDIT. (a) The state auditor, in coordination with the Legislative Budget Board, shall conduct a management audit of the office to evaluate the office's performance measures to determine the accuracy of calculations and whether the measures accurately depict the impact of the office. The audit must include an estimation of savings to residential and small commercial consumers directly attributable to office participation in proceedings. (b) The state auditor must complete the audit required by this section and deliver a report on the audit to the governor, lieutenant governor, and speaker of the house of representatives not later than August 1, 2006. (c) This section expires September 1, 2006. SECTION 3. Section 13.023, Utilities Code, is amended by amending Subsection (a) and by adding Subsection (c) to read as follows: (a) It is a ground for removal from office if the counsellor: (1) does not have at the time of taking office [appointment] or maintain during service as counsellor the qualifications required by Section 13.022; (2) is ineligible for service as counsellor under [violates a prohibition provided by] Section 13.022, 13.042, or 13.043; or (3) cannot discharge the counsellor's duties for a substantial part of the term for which the counsellor is appointed because of illness or disability. (c) If an employee has knowledge that a potential ground for removal of the counsellor exists, the employee shall notify the next highest ranking employee of the office, other than the counsellor, who shall then notify the governor and the attorney general that a potential ground for removal exists. SECTION 4. Section 13.042, Utilities Code, is amended to read as follows: Sec. 13.042. CONFLICT OF INTEREST [RELATIONSHIP WITH TRADE ASSOCIATION]. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (b) A person may not serve as counsellor or be an employee of the office employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) [who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule] if the person is: (1) an officer, employee, or paid consultant of a Texas trade association in the field of utilities; or (2) the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of utilities. (c) A person may not serve as counsellor or act as the general counsel to the office if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the office. SECTION 5. Section 13.063, Utilities Code, is amended to read as follows: Sec. 13.063. ANNUAL REPORTS [REPORT]. (a) The office shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the office during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting in the General Appropriations Act. (b) The office shall prepare annually a report on the office's activities during the preceding year and submit the report to the standing legislative committees that have jurisdiction over the office, the house appropriations committee, the senate finance committee, and the Sunset Advisory Commission. At a minimum, the report must include: (1) a list of the types of activities conducted by the office and the time spent by the office on each activity; (2) the number of hours billed by the office for representing residential or small commercial consumers in proceedings; (3) the number of staff positions and the type of work performed by each position; and (4) the office's rate of success in representing residential or small commercial consumers in appealing commission decisions. SECTION 6. Subchapter D, Chapter 13, Utilities Code, is amended by adding Section 13.064 to read as follows: Sec. 13.064. PUBLIC HEARING. (a) The office annually shall conduct a public hearing to assist the office in developing a plan of priorities and to give the public, including residential and small commercial consumers, an opportunity to comment on the office's functions and effectiveness. (b) A public hearing held under this section is not subject to Chapter 551, Government Code. (c) The office shall file notice of a public hearing held under this section with the secretary of state for publication in the Texas Register. SECTION 7. Subsection (c), Section 13.022, Utilities Code, is repealed. SECTION 8. The change in law made by this Act relating to qualifications and eligibility to serve as public utility counsel or to be employed with the Office of Public Utility Counsel applies only to a counsellor or employee appointed or employed after the effective date of this Act. A counsellor or employee of the Office of Public Utility Counsel who is serving or employed on the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and the former law is continued in effect for that purpose. SECTION 9. This Act takes effect September 1, 2005.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 409 passed the Senate on May 3, 2005, by the following vote: Yeas 31, Nays 0; May 25, 2005, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 27, 2005, House granted request of the Senate; May 29, 2005, Senate adopted Conference Committee Report by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 409 passed the House, with amendments, on May 23, 2005, by a non-record vote; May 27, 2005, House granted request of the Senate for appointment of Conference Committee; May 29, 2005, House adopted Conference Committee Report by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor