Texas 2009 - 81st Regular

Texas House Bill HB1904 Compare Versions

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1	1	81R24696 JJT-F
2	2	By: Turner of Harris H.B. No. 1904
3	3	Substitute the following for H.B. No. 1904:
4	4	By: Solomons C.S.H.B. No. 1904
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to benefits and protections for certain residential
10	10	electric service customers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 39.101, Utilities Code, is amended by
13	13	adding Subsections (i), (j), (j-1), (k), (l), (m), (n), (o), (p),
14	14	and (q) to read as follows:
15	15	(i) During the period beginning July 1 and ending September
16	16	30 of each year, a retail electric provider or other entity that
17	17	provides retail electric service may not disconnect or authorize
18	18	the disconnection of service to a residential customer who:
19	19	(1) shows that the customer is a low-income electric
20	20	customer, as defined by Section 39.903(l), and requests, and
21	21	complies with the terms of, a deferred payment plan described by
22	22	Subsection (k);
23	23	(2) shows that the customer is a low-income electric
24	24	customer, as defined by Section 39.903(l), is at least 65 years of
25	25	age, and requests, and complies with the terms of, a deferred
26	26	payment plan described by Subsection (m); or
27	27	(3) under commission rules, is designated as a
28	28	critical care residential customer for whom an interruption or
29	29	suspension of electric service will create a dangerous or
30	30	life-threatening condition.
31	31	(j) On and after July 1, 2010, a retail electric provider or
32	32	other entity that provides retail electric service shall provide
33	33	clear notice of the legal protections available under Subsection
34	34	(i) on or with each disconnection notice issued to a residential
35	35	customer during the period beginning July 1 and ending September 30
36	36	of each year.
37	37	(j-1) A retail electric provider or other entity that
38	38	provides retail electric service shall provide clear notice of the
39	39	legal protections available under Subsection (i) on or with the
40	40	first invoice issued to a residential customer during the period
41	41	beginning July 1 and ending September 30 of each year. This
42	42	subsection expires June 30, 2010.
43	43	(k) A retail electric provider or other entity that provides
44	44	retail electric service, on request, shall offer a residential
45	45	customer described by Subsection (i)(1) a deferred payment plan
46	46	that allows the customer to avoid disconnection during the period
47	47	provided by Subsection (i). The customer is eligible for a plan
48	48	offered under this subsection if the customer:
49	49	(1) does not owe an outstanding balance from a
50	50	deferred payment plan granted by the provider of electric service
51	51	in a previous year that allowed the customer to avoid disconnection
52	52	during the period provided by Subsection (i);
53	53	(2) pays at least 33 percent of the outstanding
54	54	balance due; and
55	55	(3) agrees to pay the remaining balance in equal
56	56	installments over the next five billing cycles, unless the customer
57	57	agrees to a lesser number of installments.
58	58	(l) A customer granted a deferred payment plan under
59	59	Subsection (k) may continue to avoid disconnection during the
60	60	period described by Subsection (i) by:
61	61	(1) paying the additional amounts that become due,
62	62	including the installment amount due; or
63	63	(2) paying at least 33 percent of the balance then
64	64	currently due, including any installment amount due, and agreeing
65	65	to pay the recalculated remaining balance in equal installments
66	66	over the next five billing cycles, unless the customer agrees to a
67	67	lesser number of installments.
68	68	(m) A retail electric provider or other entity that provides
69	69	retail electric service, on request, shall offer a residential
70	70	customer described by Subsection (i)(2) a deferred payment plan
71	71	that allows the customer to avoid disconnection during the period
72	72	provided by Subsection (i) without payment of any outstanding
73	73	balance until after September 30. The customer is eligible for a
74	74	plan offered under this subsection if the customer agrees to pay:
75	75	(1) 25 percent of the deferred charges when the first
76	76	bill issued to the customer after September 30 is due; and
77	77	(2) the remaining balance in equal installments over
78	78	the next five billing cycles, unless the customer agrees to a lesser
79	79	number of installments.
80	80	(n) A retail electric provider or other entity that provides
81	81	retail electric service shall allow a residential customer
82	82	described by Subsection (i)(3) to pay unpaid amounts accumulated
83	83	during the period provided by Subsection (i) over the next six
84	84	billing cycles beginning with the first bill issued to the customer
85	85	after September 30.
86	86	(o) A retail electric provider or other entity that provides
87	87	retail electric service may encourage a residential customer
88	88	described by Subsection (i)(2) or (3) to make a partial payment
89	89	toward an amount deferred during the period provided by Subsection
90	90	(i), but the provider shall inform the customer clearly that the
91	91	customer may not be disconnected for nonpayment before October 1
92	92	following that period.
93	93	(p) Subsections (i) through (o) of this section do not apply
94	94	to metered electric service sold to a residential customer on a
95	95	prepaid basis. A critical care residential customer for whom an
96	96	interruption or suspension of electric service will create a
97	97	dangerous or life-threatening condition is not eligible for metered
98	98	electric service sold on a prepaid basis.
99	99	(q) The commission by rule shall provide:
100	100	(1) uniform standards for a retail electric provider
101	101	or other entity that provides retail electric service to apply when
102	102	designating a critical care residential customer for whom an
103	103	interruption or suspension of electric service will create a
104	104	dangerous or life-threatening condition; and
105	105	(2) special protections and procedures for a retail
106	106	electric provider or other entity that provides retail electric
107	107	service to apply when disconnecting a critical care residential
108	108	customer for whom an interruption or suspension of electric service
109	109	will create a dangerous or life-threatening condition.
110	110	SECTION 2. The Public Utility Commission of Texas shall
111	111	adopt rules to implement Sections 39.101(i), (j), (j-1), (k), (l),
112	112	(m), (n), (o), (p), and (q), Utilities Code, as added by this Act,
113	113	as quickly as practicable.
114	114	SECTION 3. This Act takes effect immediately if it receives
115	115	a vote of two-thirds of all the members elected to each house, as
116	116	provided by Section 39, Article III, Texas Constitution. If this
117	117	Act does not receive the vote necessary for immediate effect, this
118	118	Act takes effect September 1, 2009.