SB1877

Regular Session

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

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Office of Public Utility Counsel (OPUC) • Public Utility Commission of Texas (PUC)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (No phase-in period; data governance protocols must be active on Day 1).
Agency Rulemaking: No statutory deadline for rulemaking is set, creating a "regulatory gray zone." Expect OPUC to issue procedural guidance or test authority immediately; monitor PUC dockets for clarification on data transfer formats and dispute resolution.

Immediate Action Plan

Audit Data Sets: Identify all internal data related to "generation adequacy" and "transmission planning" by Q2 2025 to determine what is proprietary.
Draft Legal Templates: Create a *Pro Forma* Objection and Confidentiality Notice specifically for SB1877 requests by June 1, 2025.
Review Insurance: Confirm Cyber/E&O policies cover "Administrative Proceedings" and data claw-back costs involving OPUC, not just the PUC.
Update Vendor Agreements: Renegotiate software licenses that strictly prohibit third-party data sharing to include a regulatory exception.

Operational Changes Required

Contracts

Review Master Service Agreements (MSAs) with grid modeling software vendors to ensure "Compliance with Law" clauses permit data sharing with OPUC without violating license terms. Update NDAs between Generators and TDUs to mandate that the TDU asserts confidentiality privilege on the Generator's behalf when OPUC demands data.

Hiring/Training

Train Regulatory Affairs staff on the specific statutory scope (reliability, adequacy, planning, resiliency). Implement a "Triage Protocol" to challenge requests falling outside these four categories before data is released.

Reporting & Record-Keeping

Establish a "Disclosure Log" tracking every data packet sent to OPUC, including date, content, and chain of custody. Mandatory: Apply "CONFIDENTIAL – EXEMPT FROM DISCLOSURE UNDER GOV'T CODE CH. 552" watermarks to all files prior to transmission; failure to mark constitutes a waiver of privilege.

Fees & Costs

No new government fees. Budget for increased internal legal counsel hours for review and redaction of data prior to submission.

Strategic Ambiguities & Considerations

Scope of "Resiliency": The statute does not define "resiliency," potentially allowing OPUC to request peripheral data (e.g., vegetation management budgets or staffing logs). Be prepared to challenge requests that drift into HR or financial data unrelated to grid physics.
Response Deadlines: The law lacks a statutory turnaround time (e.g., 10 vs. 30 days). Until clarified by rule, default to standard PUC discovery timelines (typically 10-20 days) to mitigate enforcement risk.
Format of Production: The bill does not specify if data must be raw (database dumps) or processed (PDFs). If OPUC requests raw data requiring proprietary software to read, clarify cost allocation for conversion immediately.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElectronic Information Systems Utilities Utilities--general Public Utility Counsel, Office of

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1877
89R15528 SCR-D	By: Schwertner
	Business & Commerce
	3/20/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Office of Public Utility Counsel (OPUC) represents the interests of residential and small commercial consumers in public utility matters in Texas. This role includes providing legal and technical expertise in contested cases and rulemakings, as well as valuable analysis on key issues impacting the public. The Utilities Code defines OPUC's responsibilities, including assessing the effects of utility rate changes and other regulatory actions on residential consumers. However, OPUC is limited in its ability to obtain sufficient data to conduct thorough analysis and issue-specific assessments.

S.B. 1877 expands statutory authority for OPUC to request and receive electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency, from the Public Utility Commission of Texas, the Electric Reliability Council of Texas, and an electric utility. S.B. 1877 ensures any information that is confidential under current law retains the same level of confidentiality when received and used by OPUC.

As proposed, S.B. 1877 amends current law relating to the authority of the Office of Public Utility Counsel to access certain data.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 13.003, Utilities Code, by amending Subsection (a) and adding Subsection (a-1), as follows:

(a) Provides that the Office of Public Utility Counsel (OPUC) is entitled to certain privileges, including requesting and receiving electricity market data, including data related to market reliability, generation resource adequacy, long-term transmission planning, and transmission system resiliency from certain entities. Makes nonsubstantive changes.

(a-1) Provides that information submitted to OPUC under Subsection (a)(5)(B) (relating to entitling OPUC to request and receive certain data from certain entities) that is confidential and not subject to disclosure by the Public Utility Commission of Texas under Chapter 552 (Public Information), Government Code, or other law is also confidential and not subject to disclosure by OPUC.

SECTION 2. Effective date: September 1, 2025.

Senate Authors

Sen. Charles SchwertnerRepublican · Primary Author

Coauthors (1)

Lois Kolkhorst (R)

House Sponsor

Rep. Jeff BarryRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1877

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	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,
	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 22, 2025

TO:	Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1877 by Schwertner (Relating to the authority of the Office of Public Utility Counsel to access certain data.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

473 Public Utility Commission of Texas, 475 Office of Public Utility Counsel

LBB Staff:

JMc, RStu, GDZ, JBel

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Frequently Asked Questions

Common questions about SB1877

What does Texas SB1877 do?

SB1877 grants the Office of Public Utility Counsel (OPUC) statutory authority to demand sensitive reliability, planning, and adequacy data directly from Electric Utilities and ERCOT, effective September 1, 2025. This creates a new regulatory discovery channel outside of formal Public Utility Commission (PUC) proceedings, requiring immediate updates to data governance and confidentiality protocols to protect proprietary trade secrets from public disclosure. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (No phase-in period; data governance protocols must be active on Day 1).

Who authored SB1877?

SB1877 was authored by Texas Senator Charles Schwertner during the Regular Session.

When was SB1877 signed into law?

SB1877 was signed into law by Governor Greg Abbott on May 21, 2025.

Which agencies enforce SB1877?

SB1877 is enforced by Office of Public Utility Counsel (OPUC) and Public Utility Commission of Texas (PUC).

How urgent is compliance with SB1877?

The compliance urgency for SB1877 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1877?

The cost impact of SB1877 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1877 address?

SB1877 addresses topics including electronic information systems, utilities, utilities--general and public utility counsel, office of.

Legislative data provided by LegiScanLast updated: November 25, 2025

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