S.B. No. 855

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 855 passed the Senate on
	March 31, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 855 passed the House on
	May 23, 2011, by the following vote:  Yeas 142, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor