HBA-TYH S.B. 1384 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1384 By: Shapleigh State Affairs 5/7/1999 Engrossed BACKGROUND AND PURPOSE Under current law, the Office of Public Utility Counsel, an independent state agency, represents Texas residential and small business telephone and electric utility consumers in utility proceedings before the Public Utility Commission (PUC), the Federal Energy Regulatory Commission, the Federal Communications Commission, and in state and federal courts. Deregulation of the telecommunications industry has brought about an increasingly competitive environment and has significantly increased the number of regulatory issues before the PUC as well as utility-related litigation in both state and federal courts. To keep up with its workload and to resolve regulatory issues more quickly, the PUC has expanded its use of alternative dispute resolution (ADR) proceedings. Currently, the Office of Public Utility Counsel (office) lacks the authority to represent residential and small commercial consumers in alternative dispute resolution proceedings. S.B. 1384 authorizes the office to represent residential and small commercial consumers in such proceedings or in judicial proceedings in which the public utility counsel determines that residential and small commercial consumers are in need of representation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 13.003, Utilities Code, by amending Subsection (a) and adding Subsection (d), as follows: (a)(3) Authorizes the Office of Public Utility Counsel (office) to appear or intervene, as a party or otherwise, as a matter of right on behalf of residential consumers, as a class, in any proceeding before the Public Utility Commission, including an alternative dispute resolution (ADR) proceeding; and small commercial consumers, as a class, in any proceeding in which the counselor determines that small commercial consumers are in need of representation, including an ADR proceeding. (4) Authorizes the office to initiate or intervene as a matter of right or otherwise appear in a judicial proceeding that involves an action taken by an administrative agency in a proceeding, including an ADR proceeding, in which the counselor is authorized to appear. (5) Authorizes the office to intervene as a matter of right or otherwise appear in a judicial proceeding that affects the rates or services applicable to residential consumers, as a class, including but not limited to proceedings involving the constitutionality, applicability, or construction of a statute and proceedings arising out of an investigation or informal proceeding of an administrative agency. (6) Created from existing text. (7)-(9) Redesignated from Subdivisions (6)-(8). (d) Provides that this subsection does not limit the authority of the office to participate in any judicial proceeding as provided by Subsections (a)(1)-(4). Provides that the authority conferred by Subsection (a)(5) does not include the right to intervene or otherwise appear in a judicial proceeding involving the enumerated contents. SECTION 2.(a) Provides that except as provided by Subsection (b) of this section, the Act takes effect September 1, 1999. (b) Provides that Subdivision (5), Subsection (a), Section 13.003, Utilities Code, as amended by this Act, applies only to a judicial proceeding initiated on or after September 1, 1999. SECTION 3. Emergency clause. Effective date: upon passage.