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AN ACT
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relating to assistance provided by the Office of Public Utility |
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Counsel to interested parties on certain electricity matters |
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involving certificates of convenience and necessity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 13.003, Utilities Code, |
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is amended to read as 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 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 14.204; |
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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; [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; 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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SECTION 2. Subsection (a), Section 37.054, Utilities Code, |
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is amended to read as follows: |
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(a) When an application for a certificate is filed, the |
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commission shall: |
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(1) give notice of the application to interested |
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parties and to the office; and |
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(2) if requested: |
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(A) set a time and place for a hearing; and |
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(B) give notice of the hearing. |
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SECTION 3. The change in law made by this Act to Section |
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37.054, Utilities Code, applies only to an application for a |
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certificate of convenience and necessity filed on or after the |
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effective date of this Act. An application for a certificate of |
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convenience and necessity filed before the effective date of this |
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Act is governed by the law in effect at the time the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 855 passed the Senate on |
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March 31, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 855 passed the House on |
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May 23, 2011, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |