Texas 2009 - 81st Regular

Texas House Bill HB1822 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1822
2	2
3	3
4	4	AN ACT
5	5	relating to the use of certain terms by certificated
6	6	telecommunications utilities, retail electric providers, and
7	7	electric utilities in retail bills, and to notice of expiration or
8	8	price change for certain retail electric products.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 17.003(c), Utilities Code, is amended to
11	11	read as follows:
12	12	(c) The commission shall adopt and enforce rules to require
13	13	a certificated telecommunications utility, a retail electric
14	14	provider, or an electric utility to give clear, uniform, and
15	15	understandable information to customers about rates, terms,
16	16	services, customer rights, and other necessary information as
17	17	determined by the commission. The rules must include a list of
18	18	defined terms common to the telecommunications and electricity
19	19	industries and require that applicable terms be labeled uniformly
20	20	on each retail bill sent to a customer by a certificated
21	21	telecommunications utility, retail electric provider, or electric
22	22	utility to facilitate consumer understanding of relevant billing
23	23	elements.
24	24	SECTION 2. Section 17.004(a), Utilities Code, is amended to
25	25	read as follows:
26	26	(a) All buyers of telecommunications and retail electric
27	27	services are entitled to:
28	28	(1) protection from fraudulent, unfair, misleading,
29	29	deceptive, or anticompetitive practices, including protection from
30	30	being billed for services that were not authorized or provided;
31	31	(2) choice of a telecommunications service provider, a
32	32	retail electric provider, or an electric utility, where that choice
33	33	is permitted by law, and to have that choice honored;
34	34	(3) information in English and Spanish and any other
35	35	language as the commission deems necessary concerning rates, key
36	36	terms and conditions, and the basis for any claim of environmental
37	37	benefits of certain production facilities;
38	38	(4) protection from discrimination on the basis of
39	39	race, color, sex, nationality, religion, marital status, income
40	40	level, or source of income and from unreasonable discrimination on
41	41	the basis of geographic location;
42	42	(5) impartial and prompt resolution of disputes with a
43	43	certificated telecommunications utility, a retail electric
44	44	provider, or an electric utility and disputes with a
45	45	telecommunications service provider related to unauthorized
46	46	charges and switching of service;
47	47	(6) privacy of customer consumption and credit
48	48	information;
49	49	(7) accuracy of metering and billing;
50	50	(8) bills presented in a clear, readable format and
51	51	easy-to-understand language that uses defined terms as required by
52	52	commission rules adopted under Section 17.003;
53	53	(9) information in English and Spanish and any other
54	54	language as the commission deems necessary concerning low-income
55	55	assistance programs and deferred payment plans;
56	56	(10) all consumer protections and disclosures
57	57	established by the Fair Credit Reporting Act (15 U.S.C. Section
58	58	1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
59	59	et seq.); and
60	60	(11) after retail competition begins as authorized by
61	61	the legislature, programs provided by retail electric providers
62	62	that offer eligible low-income customers energy efficiency
63	63	programs, an affordable rate package, and bill payment assistance
64	64	programs designed to reduce uncollectible accounts.
65	65	SECTION 3. Section 17.102, Utilities Code, is amended to
66	66	read as follows:
67	67	Sec. 17.102. RULES RELATING TO CHOICE. The commission
68	68	shall adopt and enforce rules that:
69	69	(1) ensure that customers are protected from deceptive
70	70	practices employed in obtaining authorizations of service and in
71	71	the verification of change orders, including negative option
72	72	marketing, sweepstakes, and contests that cause customers to
73	73	unknowingly change their telecommunications service provider,
74	74	retail electric provider, or electric utility, where choice is
75	75	permitted by law;
76	76	(2) provide for clear, easily understandable
77	77	identification, in each bill sent to a customer, of all
78	78	telecommunications service providers, retail electric providers,
79	79	or electric utilities submitting charges on the bill;
80	80	(3) ensure that every service provider submitting
81	81	charges on the bill is clearly and easily identified on the bill
82	82	along with its services, products, and charges, using defined terms
83	83	as required by commission rules adopted under Section 17.003;
84	84	(4) provide that unauthorized changes in service be
85	85	remedied at no cost to the customer within a period established by
86	86	the commission;
87	87	(5) require refunds or credits to the customer in the
88	88	event of an unauthorized change; and
89	89	(6) provide for penalties for violations of commission
90	90	rules adopted under this section, including fines and revocation of
91	91	certificates or registrations, by this action denying the
92	92	certificated telecommunications utility, the retail electric
93	93	provider, or the electric utility the right to provide service in
94	94	this state, except that the commission may not revoke a certificate
95	95	of convenience and necessity of an electric utility except as
96	96	provided by Section 37.059 or a certificate of convenience and
97	97	necessity of a telecommunications utility except as provided by
98	98	Section 54.008.
99	99	SECTION 4. Section 17.151(a), Utilities Code, is amended to
100	100	read as follows:
101	101	(a) A service provider, retail electric provider, or
102	102	billing agent may submit charges for a new product or service to be
103	103	billed on a customer's telephone or retail electric bill on or after
104	104	the effective date of this section only if:
105	105	(1) the service provider offering the product or
106	106	service has thoroughly informed the customer of the product or
107	107	service being offered, including all associated charges, and has
108	108	explicitly informed the customer that the associated charges for
109	109	the product or service will appear on the customer's telephone or
110	110	electric bill;
111	111	(2) the customer has clearly and explicitly consented
112	112	to obtain the product or service offered and to have the associated
113	113	charges appear on the customer's telephone or electric bill and the
114	114	consent has been verified as provided by Subsection (b); [and]
115	115	(3) the service provider offering the product or
116	116	service and any billing agent for the service provider:
117	117	(A) has provided the customer with a toll-free
118	118	telephone number the customer may call and an address to which the
119	119	customer may write to resolve any billing dispute and to answer
120	120	questions; and
121	121	(B) has contracted with the billing utility to
122	122	bill for products and services on the billing utility's bill as
123	123	provided by Subsection (c); and
124	124	(4) the service provider, retail electric provider, or
125	125	billing agent uses defined terms on the bill as required by
126	126	commission rules adopted under Section 17.003.
127	127	SECTION 5. Subchapter C, Chapter 39, Utilities Code, is
128	128	amended by adding Section 39.112 to read as follows:
129	129	Sec. 39.112. NOTICE OF EXPIRATION AND PRICE CHANGE. (a) In
130	130	this section, "fixed rate product" means a retail electric product
131	131	with a term of at least three months for which the price for each
132	132	billing period, including recurring charges, does not change
133	133	throughout the term of the contract, except that the price may vary
134	134	to reflect actual changes in transmission and distribution utility
135	135	charges, changes to ERCOT or Texas Regional Entity administrative
136	136	fees charged to loads, or changes to federal, state, or local laws
137	137	that result in new or modified fees or costs that are not within the
138	138	retail electric provider's control.
139	139	(b) A retail electric provider shall provide a residential
140	140	customer who has a fixed rate product with at least one written
141	141	notice of the date the fixed rate product will expire. The notice
142	142	must:
143	143	(1) be sent to the customer's billing address by mail
144	144	at least 30, but not more than 60, days preceding the date the
145	145	contract will expire;
146	146	(2) be sent to the customer's e-mail address, if
147	147	available to the provider and if the customer has agreed to receive
148	148	notices electronically, at least 30, but not more than 60, days
149	149	preceding the date the contract will expire;
150	150	(3) include on the outside of the envelope in which the
151	151	notice is sent, a statement that reads: "Contract Expiration
152	152	Notice. See Enclosed.";
153	153	(4) if included with a customer's bill, be printed on a
154	154	separate page; and
155	155	(5) include a description of any fees or charges
156	156	associated with the early termination of the customer's fixed rate
157	157	product.
158	158	(c) A retail electric provider shall include on each billing
159	159	statement the end date of the fixed rate product.
160	160	(d) No provision in this section shall be construed to
161	161	prohibit the commission from adopting rules that would provide a
162	162	greater degree of customer protection.
163	163	SECTION 6. The Public Utility Commission of Texas shall
164	164	adopt rules consistent with this Act not later than December 1,
165	165	2009.
166	166	SECTION 7. This Act takes effect September 1, 2009.
167	167	______________________________ ______________________________
168	168	President of the Senate Speaker of the House
169	169	I certify that H.B. No. 1822 was passed by the House on March
170	170	26, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not
171	171	voting; and that the House concurred in Senate amendments to H.B.
172	172	No. 1822 on May 29, 2009, by the following vote: Yeas 138, Nays 0,
173	173	1 present, not voting.
174	174	______________________________
175	175	Chief Clerk of the House
176	176	I certify that H.B. No. 1822 was passed by the Senate, with
177	177	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
178	178	0.
179	179	______________________________
180	180	Secretary of the Senate
181	181	APPROVED: __________________
182	182	Date
183	183	__________________
184	184	Governor