(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 § 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;
(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 § 37.054 on procedural matters related to proceedings before the commission on an application for a certificate of convenience and necessity filed under § 37.053.
(b) This section does not limit the authority of the commission to represent residential or small commercial consumers.

Terms Used In Texas Utilities Code 13.003

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

(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.