Texas § UT.13.003 - OFFICE POWERS AND DUTIES

§ UT.13.003. OFFICE POWERS AND DUTIES

OFFICE POWERS AND DUTIES. (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, 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. (b) This section does not limit the authority of the commission to represent residential or small commercial consumers. (c) The appearance of the counsellor in a proceeding does not preclude the appearance of other parties on behalf of residential or small commercial consumers. The counsellor may not be grouped with any other party. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 405, Sec. 6, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 416 (S.B. 855 ), Sec. 1, eff. June 17, 2011. Acts 2025, 89th Leg., R.S., Ch. 104 (S.B. 1877 ), Sec. 1, eff. September 1, 2025.