Relating to the authority of the Office of Public Utility Counsel to access certain data.

89(R) HB 5269 - House Committee Report version - Bill Text

89R23961 SCR-D

By: Barry

H.B. No. 5269

Substitute the following for H.B. No. 5269:

By: King

C.S.H.B. No. 5269

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Office of Public Utility Counsel to

access certain data.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.003, Utilities Code, is amended by

amending Subsection (a) and adding Subsection (a-1) 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
:

(A)
the same access as a party, other than

commission staff, to records gathered by the commission under

Section 14.204;
and

(B)

request and receive electricity market data

in an electronic format and at no cost to the office, including data

related to reliability, generation resource adequacy, long-term

transmission planning, and transmission and distribution system

resiliency, from:

(i) the commission;

(ii)

the independent organization

certified under Section 39.151 for the ERCOT power region; and

(iii) an electric utility;

(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;

(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.

(a-1)

Information submitted to the office under Subsection

(a)(5)(B) is confidential and not subject to disclosure by the

office under Chapter 552, Government Code, if that information

would be confidential and not subject to disclosure by the

commission under Chapter 552, Government Code, or other law if the

commission held the information.

SECTION 2. This Act takes effect September 1, 2025.