HB5269 - Relating to the authority of the Office of Public Utility Counsel to access certain data.

  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.