81R24696 JJT-F
By: Turner of Harris H.B. No. 1904
Substitute the following for H.B. No. 1904:
By: Solomons C.S.H.B. No. 1904
A BILL TO BE ENTITLED
AN ACT
relating to benefits and protections for certain residential
electric service customers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.101, Utilities Code, is amended by
adding Subsections (i), (j), (j-1), (k), (l), (m), (n), (o), (p),
and (q) to read as follows:
(i) During the period beginning July 1 and ending September
30 of each year, a retail electric provider or other entity that
provides retail electric service may not disconnect or authorize
the disconnection of service to a residential customer who:
(1) shows that the customer is a low-income electric
customer, as defined by Section 39.903(l), and requests, and
complies with the terms of, a deferred payment plan described by
Subsection (k);
(2) shows that the customer is a low-income electric
customer, as defined by Section 39.903(l), is at least 65 years of
age, and requests, and complies with the terms of, a deferred
payment plan described by Subsection (m); or
(3) under commission rules, is designated as a
critical care residential customer for whom an interruption or
suspension of electric service will create a dangerous or
life-threatening condition.
(j) On and after July 1, 2010, a retail electric provider or
other entity that provides retail electric service shall provide
clear notice of the legal protections available under Subsection
(i) on or with each disconnection notice issued to a residential
customer during the period beginning July 1 and ending September 30
of each year.
(j-1) A retail electric provider or other entity that
provides retail electric service shall provide clear notice of the
legal protections available under Subsection (i) on or with the
first invoice issued to a residential customer during the period
beginning July 1 and ending September 30 of each year. This
subsection expires June 30, 2010.
(k) A retail electric provider or other entity that provides
retail electric service, on request, shall offer a residential
customer described by Subsection (i)(1) a deferred payment plan
that allows the customer to avoid disconnection during the period
provided by Subsection (i). The customer is eligible for a plan
offered under this subsection if the customer:
(1) does not owe an outstanding balance from a
deferred payment plan granted by the provider of electric service
in a previous year that allowed the customer to avoid disconnection
during the period provided by Subsection (i);
(2) pays at least 33 percent of the outstanding
balance due; and
(3) agrees to pay the remaining balance in equal
installments over the next five billing cycles, unless the customer
agrees to a lesser number of installments.
(l) A customer granted a deferred payment plan under
Subsection (k) may continue to avoid disconnection during the
period described by Subsection (i) by:
(1) paying the additional amounts that become due,
including the installment amount due; or
(2) paying at least 33 percent of the balance then
currently due, including any installment amount due, and agreeing
to pay the recalculated remaining balance in equal installments
over the next five billing cycles, unless the customer agrees to a
lesser number of installments.
(m) A retail electric provider or other entity that provides
retail electric service, on request, shall offer a residential
customer described by Subsection (i)(2) a deferred payment plan
that allows the customer to avoid disconnection during the period
provided by Subsection (i) without payment of any outstanding
balance until after September 30. The customer is eligible for a
plan offered under this subsection if the customer agrees to pay:
(1) 25 percent of the deferred charges when the first
bill issued to the customer after September 30 is due; and
(2) the remaining balance in equal installments over
the next five billing cycles, unless the customer agrees to a lesser
number of installments.
(n) A retail electric provider or other entity that provides
retail electric service shall allow a residential customer
described by Subsection (i)(3) to pay unpaid amounts accumulated
during the period provided by Subsection (i) over the next six
billing cycles beginning with the first bill issued to the customer
after September 30.
(o) A retail electric provider or other entity that provides
retail electric service may encourage a residential customer
described by Subsection (i)(2) or (3) to make a partial payment
toward an amount deferred during the period provided by Subsection
(i), but the provider shall inform the customer clearly that the
customer may not be disconnected for nonpayment before October 1
following that period.
(p) Subsections (i) through (o) of this section do not apply
to metered electric service sold to a residential customer on a
prepaid basis. A critical care residential customer for whom an
interruption or suspension of electric service will create a
dangerous or life-threatening condition is not eligible for metered
electric service sold on a prepaid basis.
(q) The commission by rule shall provide:
(1) uniform standards for a retail electric provider
or other entity that provides retail electric service to apply when
designating a critical care residential customer for whom an
interruption or suspension of electric service will create a
dangerous or life-threatening condition; and
(2) special protections and procedures for a retail
electric provider or other entity that provides retail electric
service to apply when disconnecting a critical care residential
customer for whom an interruption or suspension of electric service
will create a dangerous or life-threatening condition.
SECTION 2. The Public Utility Commission of Texas shall
adopt rules to implement Sections 39.101(i), (j), (j-1), (k), (l),
(m), (n), (o), (p), and (q), Utilities Code, as added by this Act,
as quickly as practicable.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.