UTILITIES CODE
CHAPTER 13. OFFICE OF PUBLIC UTILITY COUNSEL
SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
§ 13.001. OFFICE OF PUBLIC UTILITY COUNSEL. The
independent office of public utility counsel represents the
interests of residential and small commercial consumers.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.002. APPLICATION OF SUNSET ACT. The Office of
Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the office is abolished and this chapter expires
September 1, 2005.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 405, § 5, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1212, § 2, eff. Sept. 1, 1999.
§ 13.003. 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 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.
(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, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 405, § 6, eff. Sept. 1, 1999.
SUBCHAPTER B. PUBLIC UTILITY COUNSEL
§ 13.021. APPOINTMENT; TERM. (a) The chief executive
of the office is the counsellor.
(b) The counsellor is appointed by the governor with the
advice and consent of the senate.
(c) The appointment of the counsellor shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
(d) The counsellor serves a two-year term that expires on
February 1 of the final year of the term.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.022. QUALIFICATIONS. (a) The counsellor must:
(1) be licensed to practice law in this state;
(2) have demonstrated a strong commitment to and
involvement in efforts to safeguard the rights of the public; and
(3) possess the knowledge and experience necessary to
practice effectively in utility proceedings.
(b) A person is not eligible for appointment as counsellor
if:
(1) the person or the person's spouse:
(A) is employed by or participates in the
management of a business entity or other organization that is
regulated by or receives funds from the commission;
(B) directly or indirectly owns or controls more
than a 10 percent interest or a pecuniary interest with a value
exceeding $10,000 in:
(i) a business entity or other organization
that is regulated by or receives funds from the commission or the
office; or
(ii) a utility competitor, utility
supplier, or other entity affected by a commission decision in a
manner other than by the setting of rates for that class of
customer;
(C) uses or receives a substantial amount of
tangible goods, services, or funds from the commission or the
office, other than compensation or reimbursement authorized by law
for service as counsellor or for commission membership, attendance,
or expenses; or
(D) notwithstanding Paragraph (B), has an
interest in a mutual fund or retirement fund in which more than 10
percent of the fund's holdings is in a single utility, utility
competitor, or utility supplier in this state and the person does
not disclose this information to the governor, senate, or other
entity, as appropriate; or
(2) the person is not qualified to serve under Section
13.042.
(c) A person required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the commission or the office may not serve as counsellor.
(d) A person otherwise ineligible because of Subsection
(b)(1)(B) may be appointed and serve as counsellor if the person:
(1) notifies the attorney general and commission that
the person is ineligible because of Subsection (b)(1)(B); and
(2) divests the person or the person's spouse of the
ownership or control:
(A) before beginning service; or
(B) if the person is already serving, within a
reasonable time.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.023. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from office if the counsellor:
(1) does not have at the time of appointment or
maintain during service as counsellor the qualifications required
by Section 13.022;
(2) violates a prohibition provided by Section 13.022,
13.042, or 13.043; or
(3) cannot discharge the counsellor's duties for a
substantial part of the term for which the counsellor is appointed
because of illness or disability.
(b) The validity of an action of the office is not affected
by the fact that the action is taken when a ground for removal of the
counsellor exists.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.024. PROHIBITED ACTS. (a) The counsellor may not
have a direct or indirect interest in a utility company regulated
under this title, its parent, or its subsidiary companies,
corporations, or cooperatives or a utility competitor, utility
supplier, or other entity affected in a manner other than by the
setting of rates for that class of customer.
(b) The prohibition under Subsection (a) applies during the
period of the counsellor's service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts1999, 76th Leg., ch. 405, § 7, eff. Sept. 1, 1999.
SUBCHAPTER C. OFFICE PERSONNEL
§ 13.041. PERSONNEL. (a) The counsellor may employ
lawyers, economists, engineers, consultants, statisticians,
accountants, clerical staff, and other employees as the counsellor
considers necessary to carry out this chapter.
(b) An employee receives compensation as prescribed by the
legislature from the assessment imposed by Subchapter A, Chapter
16.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.042. RELATIONSHIP WITH TRADE ASSOCIATION. A
person may not serve as counsellor or be an employee of the office
who is exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position
classification salary schedule if the person is:
(1) an officer, employee, or paid consultant of a
trade association; or
(2) the spouse of an officer, manager, or paid
consultant of a trade association.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.043. PROHIBITION ON EMPLOYMENT OR
REPRESENTATION. (a) A former counsel may not make any
communication to or appearance before the commission or an officer
or employee of the commission before the second anniversary of the
date the person ceases to serve as counsel if the communication or
appearance is made:
(1) on behalf of another person in connection with any
matter on which the person seeks official action; or
(2) with the intent to influence a commission decision
or action, unless acting on his or her own behalf and without
remuneration.
(b) A former counsel may not represent any person or receive
compensation for services rendered on behalf of any person
regarding a matter before the commission before the second
anniversary of the date the person ceases to serve as counsel.
(c) A person commits an offense if the person violates this
section. An offense under this subsection is a Class A misdemeanor.
(d) An employee of the office may not:
(1) be employed by a public utility that was in the
scope of the employee's official responsibility while the employee
was associated with the office; or
(2) represent a person before the commission or a
court in a matter:
(A) in which the employee was personally involved
while associated with the office; or
(B) that was within the employee's official
responsibility while the employee was associated with the office.
(e) The prohibition of Subsection (d)(1) applies until the
first anniversary of the date the employee's employment with the
office ceases.
(f) The prohibition of Subsection (d)(2) applies while an
employee of the office is associated with the office and at any time
after.
(g) For purposes of this section, "person" includes an
electric cooperative.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts1999, 76th Leg., ch. 405, § 8, eff. Sept. 1, 1999.
§ 13.044. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS; MERIT PAY. (a) The counsellor or the counsellor's
designee shall develop an intra-agency career ladder program that
addresses opportunities for mobility and advancement for office
employees. The program shall require intra-agency postings of each
position concurrently with any public posting.
(b) The counsellor or the counsellor's designee shall
develop a system of annual performance evaluations that are based
on documented employee performance. Merit pay for office employees
must be based on the system established under this subsection.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY
STATEMENT. (a) The counsellor or the counsellor's designee shall
prepare and maintain a written policy statement to ensure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin.
(b) The policy statement under Subsection (a) must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the office workforce
that meets federal and state guidelines;
(3) procedures by which a determination can be made
about the extent of underuse in the office workforce of all persons
for whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address the
underuse.
(c) A policy statement prepared under Subsection (b) must:
(1) cover an annual period;
(2) be updated at least annually;
(3) be reviewed by the Commission on Human Rights for
compliance with Subsection (b)(1); and
(4) be filed with the governor's office.
(d) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(c). The report may be made separately or as a part of other
biennial reports to the legislature.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.046. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The office shall provide to office employees as often
as necessary information regarding their:
(1) qualifications for employment under this title;
and
(2) responsibilities under applicable laws relating
to standards of conduct for employees.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND REPORTS
§ 13.061. PUBLIC INTEREST INFORMATION. The office
shall prepare information of public interest describing the
functions of the office. The office shall make the information
available to the public and appropriate state agencies.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.062. PUBLIC PARTICIPATION. (a) The office shall
comply with federal and state laws related to program and facility
accessibility.
(b) The office shall prepare and maintain a written plan
that describes how a person who does not speak English may be
provided reasonable access to the office's programs and services.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 13.063. ANNUAL REPORT. The office shall prepare
annually a complete and detailed written report accounting for all
funds received and disbursed by the office during the preceding
fiscal year. The annual report must meet the reporting
requirements applicable to financial reporting in the General
Appropriations Act.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
