Texas 2009 - 81st Regular

Texas House Bill HB1519 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4024 TRH-D
2	2	By: Vo H.B. No. 1519
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disconnection of electric services to certain
8	8	customers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 39, Utilities Code, is
11	11	amended by adding Section 39.1015 to read as follows:
12	12	Sec. 39.1015. SUSPENSION OF DISCONNECTION FOR CERTAIN
13	13	CUSTOMERS. (a) In this section:
14	14	(1) "Critical care residential customer" means a
15	15	residential electric customer for whom an interruption or
16	16	suspension of electric service will create a dangerous or
17	17	life-threatening condition.
18	18	(2) "Elderly low-income customer" means a low-income
19	19	customer who is 65 years old or older.
20	20	(3) "Low-income customer" means an electric customer:
21	21	(A) whose household income is not more than 125
22	22	percent of the federal poverty guidelines;
23	23	(B) who receives food stamps from the Health and
24	24	Human Services Commission; or
25	25	(C) who receives medical assistance from a state
26	26	agency that administers a part of the medical assistance program.
27	27	(4) "Service provider" means a retail electric
28	28	provider, power generation company, aggregator, or other entity
29	29	that provides retail electric service.
30	30	(b) During the period beginning July 1 and ending September
31	31	30 of each year a service provider:
32	32	(1) may not disconnect service or authorize the
33	33	disconnection of service to a critical care residential customer or
34	34	elderly low-income customer who contacts the service provider
35	35	regarding bill payment or in response to a disconnection notice;
36	36	(2) may not disconnect service or authorize the
37	37	disconnection of service to a low-income customer other than an
38	38	elderly low-income customer if the customer:
39	39	(A) contacts the service provider regarding bill
40	40	payment or in response to a disconnection notice; and
41	41	(B) enters into a deferred payment plan with the
42	42	service provider for the current month's electric charges and meets
43	43	the terms of any then current deferred payment plan;
44	44	(3) shall request reconnection of service or reconnect
45	45	service to a critical care residential customer or an elderly
46	46	low-income customer whose service is disconnected before or during
47	47	the period if:
48	48	(A) the customer contacts the service provider
49	49	regarding bill payment or in response to a disconnection notice; or
50	50	(B) the service provider has previously been
51	51	notified that the customer is a critical care residential customer;
52	52	(4) shall request reconnection of service or reconnect
53	53	service to a low-income customer whose service is disconnected
54	54	before or during the period if the customer enters into a deferred
55	55	payment plan with the service provider; and
56	56	(5) shall rescind a request for disconnection of
57	57	service to a critical care residential customer, elderly low-income
58	58	customer, or low-income customer made before the period begins if
59	59	the service provider is prohibited under this subsection from
60	60	disconnecting or authorizing the disconnection of the customer's
61	61	service during the period.
62	62	(c) A service provider may not disconnect service or
63	63	authorize the disconnection of a critical care residential
64	64	customer's service during the period provided by Subsection (b)
65	65	regardless of whether the customer contacts the service provider as
66	66	provided by Subsection (b) if the service provider has previously
67	67	been notified that the customer is a critical care residential
68	68	customer.
69	69	(d) A service provider shall allow a critical care
70	70	residential customer, elderly low-income customer, or low-income
71	71	customer to establish with the provider a deferred payment plan in
72	72	person or by telephone. The service provider shall confirm the
73	73	payment plan with the customer in writing. The deferred payment
74	74	plan may not include a penalty for late payments accrued during the
75	75	period provided by Subsection (b). The service provider shall
76	76	allow a critical care residential customer, elderly low-income
77	77	customer, or low-income customer to renegotiate the terms of the
78	78	deferred payment plan at least one time, regardless of whether the
79	79	customer's economic or financial circumstances have changed. For a
80	80	low-income customer other than an elderly low-income customer,
81	81	during the period provided by Subsection (b), the payment plan may
82	82	require the payment of not more than 25 percent of the then current
83	83	month's charges plus any due installments of a previous deferred
84	84	payment plan. For a low-income customer other than an elderly
85	85	low-income customer, the service provider is not required to extend
86	86	a deferred payment plan entered into under this subsection beyond
87	87	the March billing cycle following the period provided by Subsection
88	88	(b).
89	89	(e) A deferred payment plan established under Subsection
90	90	(d) for one or more electric bills that come due during the period
91	91	provided by Subsection (b) must provide:
92	92	(1) for a critical care residential customer or
93	93	elderly low-income customer, that the customer is not required to
94	94	pay more than 25 percent of the deferred electric bills as part of
95	95	the first electric bill issued after the end of the period and that
96	96	the remaining balance is to be paid in equal installments over the
97	97	next five billing cycles, unless the customer requests a lesser
98	98	number of installments; and
99	99	(2) for a low-income customer other than an elderly
100	100	low-income customer, that the customer is required to pay not more
101	101	than 25 percent of the deferred bills to initiate the agreement and
102	102	that the remaining balance is to be paid in equal installments over
103	103	the next five billing cycles, unless the customer requests a lesser
104	104	number of installments.
105	105	(f) A service provider may pursue disconnection of electric
106	106	service for a critical care residential customer or an elderly
107	107	low-income customer only after the period provided by Subsection
108	108	(b) and only if the customer does not meet the terms of the deferred
109	109	payment plan, unless the disconnection is otherwise prohibited. A
110	110	service provider may pursue disconnection of service for a
111	111	low-income customer other than an elderly low-income customer if
112	112	the customer does not meet the terms of the deferred payment plan,
113	113	unless the disconnection is otherwise prohibited. The service
114	114	provider shall give the customer appropriate notice that the
115	115	customer has not met the terms of the plan before the service
116	116	provider disconnects or authorizes the disconnection of service.
117	117	(g) A service provider may encourage a critical care
118	118	residential customer or elderly low-income customer to make partial
119	119	payment of a deferred electric bill during the period provided by
120	120	Subsection (b), but the service provider shall clearly inform the
121	121	customer that the customer may not be disconnected for nonpayment
122	122	before October 1 following the period provided by Subsection (b).
123	123	SECTION 2. This Act takes effect July 1, 2009, if it
124	124	receives a vote of two-thirds of all the members elected to each
125	125	house, as provided by Section 39, Article III, Texas Constitution.
126	126	If this Act does not receive the vote necessary for effect on that
127	127	date, this Act takes effect September 30, 2009.