81R4268 TJS-F
By: Vo H.B. No. 1100
A BILL TO BE ENTITLED
AN ACT
relating to the date of payment for retail electric services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 181, Utilities Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. PAYMENT FOR RETAIL ELECTRIC SERVICES
Sec. 181.151. DEFINITION. In this subchapter, "retail
provider" means a public or private provider of retail electric
services. The term includes:
(1) an electric utility as defined by Section 31.002;
(2) an electric cooperative as defined by Section
11.003;
(3) a municipally owned utility as defined by Section
11.003; and
(4) a retail electric provider as defined by Section
31.002.
Sec. 181.152. DATE OF POSTMARK OF UTILITY PAYMENT TREATED
AS DATE OF PAYMENT. (a) A payment for retail electric services
that is mailed to the retail provider using the United States Postal
Service is considered made on the date the envelope or cover is
postmarked by the postal service only if:
(1) the payment is not required by law or contract to
be delivered by a method other than by mail;
(2) the payment has been deposited in the United
States mail, with sufficient postage prepaid; and
(3) the envelope or cover has been properly addressed
to the retail provider.
(b) A payment that does not conform to Subsection (a) is
considered made on the date the payment is delivered to the retail
provider.
(c) A payment for retail electric services that is submitted
electronically to the retail provider is considered made on the
date reflected by the time stamp.
SECTION 2. (a) The change in law made by this Act applies
only to a payment due to a retail provider on or after the effective
date of this Act. A payment due to a retail provider before the
effective date of this Act is governed by the law in effect on the
date the payment is due, and the former law is continued in effect
for that purpose.
(b) Subchapter G, Chapter 181, Utilities Code, as added by
this Act, does not apply to the date a payment for retail electric
services is considered made to the extent its application may
impair a contract entered into before the effective date of this Act
that specifies the date a payment for retail electric services is
considered made, and the law at the time the contract was entered
into is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.