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SB1877

Regular Session

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

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

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

SB1877
Moderate
Relating to the authority of the Office of Public Utility Counsel to access certain data.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
OPUCPUC
Primary Author: Sen. Charles Schwertner
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 4, 2025
Passed Senate
Apr 16, 2025
Passed House
May 8, 2025
Signed
May 21, 2025
TopicsElectronic Information SystemsUtilitiesUtilities--generalPublic Utility Counsel, Office of
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Senate Authors

Sen. Charles SchwertnerRepublican · Primary Author
Coauthors (1)

House Sponsor

Rep. Jeff BarryRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1877

Q

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).

Q

Who authored SB1877?

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

Q

When was SB1877 signed into law?

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

Q

Which agencies enforce SB1877?

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

Q

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.

Q

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.

Q

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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