(a) In this section, “counsellor” and “office” have the meanings assigned by § 11.003, Utilities Code.
(b) The independent Office of Public Utility Counsel represents the interests of residential and small commercial consumers under this chapter. 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 utility 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 consumers or small commercial consumers are in need of representation;
(5) is entitled to the same access as a party, other than utility commission staff, to records gathered by the utility commission under § 13.133;
(6) is entitled to discovery of any nonprivileged matter that is relevant to the subject matter of a proceeding or petition before the utility commission;
(7) may represent an individual residential or small commercial consumer with respect to the consumer’s disputed complaint concerning retail utility services that is unresolved before the utility 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 conduct consumer outreach and education programs for residential and small commercial consumers.

(c) This section does not:
(1) affect a duty the office is required to perform under other law; or
(2) limit the authority of the utility commission to represent residential or small commercial consumers.
(d) 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.