Texas 2009 - 81st Regular

Texas House Bill HB2305 Compare Versions

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Old	New	Differences
1	1	81R20440 TRH-F
2	2	By: Turner of Harris H.B. No. 2305
3	3	Substitute the following for H.B. No. 2305:
4	4	By: Solomons C.S.H.B. No. 2305
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to security deposits for customers of retail electric
10	10	providers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 39.101(a), Utilities Code, is amended to
13	13	read as follows:
14	14	(a) The [Before customer choice begins on January 1, 2002,
15	15	the] commission shall ensure that retail customer protections are
16	16	established that entitle a customer:
17	17	(1) to safe, reliable, and reasonably priced
18	18	electricity, including protection against service disconnections
19	19	in an extreme weather emergency as provided by Subsection (h) or in
20	20	cases of medical emergency or nonpayment for unrelated services;
21	21	(2) to privacy of customer consumption and credit
22	22	information;
23	23	(3) to bills presented in a clear format and in
24	24	language readily understandable by customers;
25	25	(4) to the option to have all electric services on a
26	26	single bill, except in those instances where multiple bills are
27	27	allowed under Chapters 40 and 41;
28	28	(5) to protection from discrimination on the basis of
29	29	race, color, sex, nationality, religion, or marital status;
30	30	(6) to accuracy of metering and billing;
31	31	(7) to information in English and Spanish and any
32	32	other language as necessary concerning rates, key terms and
33	33	conditions, in a standard format that will permit comparisons
34	34	between price and service offerings, and the environmental impact
35	35	of certain production facilities;
36	36	(8) to information in English and Spanish and any
37	37	other language as necessary concerning low-income assistance
38	38	programs and deferred payment plans; [and]
39	39	(9) to other information or protections necessary to
40	40	ensure high-quality service to customers; and
41	41	(10) to a refund of a security deposit or other money
42	42	owed to the customer on the withdrawal of the customer's retail
43	43	electric provider from competition in this state.
44	44	SECTION 2. Subchapter C, Chapter 39, Utilities Code, is
45	45	amended by adding Section 39.110 to read as follows:
46	46	Sec. 39.110. CUSTOMER DEPOSIT FUND. (a) The customer
47	47	deposit fund is a trust fund held outside the state treasury by a
48	48	financial institution eligible to be a state depository under
49	49	Chapter 404, Government Code, that is selected by the commission.
50	50	Money in the fund may be used only to repay a security deposit to a
51	51	customer of a retail electric provider.
52	52	(b) The commission shall:
53	53	(1) deposit each customer deposit remitted under
54	54	Subsection (c) to the credit of the customer deposit fund;
55	55	(2) remit to a retail electric provider an amount
56	56	equal to the amount of a customer's security deposit plus interest
57	57	on the deposit, when the retail electric provider demonstrates that
58	58	the security deposit has been returned to the customer with
59	59	interest as provided by Chapter 183, minus any deductions for
60	60	payments due;
61	61	(3) remit to a retail electric provider an amount
62	62	equal to the amount of interest on a deposit remitted to a customer
63	63	on request as provided by Section 183.004 when the retail electric
64	64	provider demonstrates that the interest has been paid to the
65	65	customer; and
66	66	(4) conduct an annual review of the customer deposit
67	67	fund, including a review of the interest projected to be earned by
68	68	the fund.
69	69	(c) A retail electric provider shall remit to the commission
70	70	each security deposit the provider receives from a customer. The
71	71	commission may require a retail electric provider to submit a
72	72	report regarding remissions of security deposits for deposit to the
73	73	fund or returns of security deposits to customers. A report
74	74	submitted under this subsection must contain any information the
75	75	commission requires to evaluate a retail electric provider's
76	76	compliance with this section.
77	77	(d) The commission quarterly shall publish a report of
78	78	customer deposit fund deposits, disbursements, and earnings.
79	79	(e) The commission shall adopt rules to implement this
80	80	section. At a minimum, the rules must establish:
81	81	(1) the procedures by which a retail electric provider
82	82	shall remit security deposits to the commission;
83	83	(2) the information that must be contained in a report
84	84	required under Subsection (c);
85	85	(3) a schedule for the return of a customer's security
86	86	deposit by a retail electric provider and the reimbursement of a
87	87	retail electric provider from the fund for returned deposits, minus
88	88	any deductions for payments due; and
89	89	(4) procedures for the review required by Subsection
90	90	(b)(4), including a method of administrative review that ensures
91	91	that a retail electric provider remits each customer's security
92	92	deposit to the commission and returns each customer's security
93	93	deposit and interest to the customer when necessary, minus any
94	94	deductions for payments due.
95	95	SECTION 3. (a) The Public Utility Commission of Texas shall
96	96	adopt rules consistent with Section 39.110, Utilities Code, as
97	97	added by this Act, not later than December 1, 2009.
98	98	(b) The changes in law made by this Act apply only to a
99	99	security deposit that is received by a retail electric provider on
100	100	or after the effective date of this Act. A security deposit that is
101	101	received before the effective date of this Act is subject to the law
102	102	in effect on the date of receipt, and that law is continued in
103	103	effect for that purpose.
104	104	SECTION 4. This Act takes effect September 1, 2009.