Texas 2009 - 81st Regular

Texas House Bill HB2306 Compare Versions

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

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1	1	By: Turner of Harris H.B. No. 2306
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the use of a customer's utility bill payment data.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 17.008, Utilities Code, is amended to
9	9	read as follows:
10	10	Sec. 17.008. PROTECTION OF RESIDENTIAL ELECTRIC SERVICE
11	11	APPLICANTS AND CUSTOMERS. (a) In this section and in Section
12	12	17.009:
13	13	(1) "Credit history":
14	14	(A) means information regarding an individual's
15	15	past history of:
16	16	(i) financial responsibility;
17	17	(ii) payment habits; or
18	18	(iii) creditworthiness; and
19	19	(B) does not include an individual's outstanding
20	20	balance for retail electric or telecommunications service.
21	21	(2) "Credit score" means a score, grade, or value that
22	22	is derived by a consumer reporting agency, as defined under Section
23	23	603(f) of the Fair Credit Reporting Act (15 U.S.C. Section
24	24	1681a(f)), using data from a credit history in any type of model,
25	25	method, or program for the purpose of grading or ranking credit
26	26	report data, whether derived electronically, from an algorithm,
27	27	through a computer software application model or program, or
28	28	through any other analogous process.
29	29	(3) "Utility payment data" means a measure that is
30	30	derived by a consumer reporting agency, as defined under Section
31	31	603(f) of the Fair Credit Reporting Act (15 U.S.C. Section
32	32	1681a(f)), from a model specifically designed to correlate to
33	33	utility payment histories.
34	34	(b) A retail electric provider may not deny an applicant's
35	35	request to become a residential electric service customer, or deny
36	36	a customer's right to choose a retail electric provider and have
37	37	that choice honored or restricted, on the basis of the applicant's
38	38	credit history, [or] credit score, [but may use the applicant's]
39	39	utility payment data, or electric bill payment history; provided,
40	40	however, that a retail electric provider may require an applicant
41	41	to pay a deposit and any unpaid balance the applicant has from
42	42	previous service with that provider [until the later of January 1,
43	43	2007, or the date on which the price to beat is no longer in effect
44	44	in the geographic area in which the customer is located].
45	45	(c) [Notwithstanding Subsection (b), while a retail
46	46	electric provider is required to provide service to a geographic
47	47	area as the affiliated retail electric provider, the provider may
48	48	not deny an applicant's request to become a residential electric
49	49	service customer within that geographic area on the basis of the
50	50	applicant's credit history, credit score, or utility payment data.
51	51	[(d) After the date described in Subsection (b), a retail
52	52	electric provider, including an affiliated retail electric
53	53	provider, may not deny an applicant's request to become a
54	54	residential electric service customer on the basis of the
55	55	applicant's credit history, credit score, or utility payment data
56	56	but may use the applicant's electric bill payment history.]
57	57	[(e)] A retail electric provider may not use a credit score,
58	58	a credit history, or utility payment data as the basis for
59	59	determining the price for month-to-month electric service or
60	60	electric service that includes a fixed price commitment of 12
61	61	months or less:
62	62	(1) for an existing residential customer; or
63	63	(2) in response to an applicant's request to become a
64	64	residential electric service customer.
65	65	(d) A [(f) After the date described in Subsection (b), on
66	66	request by a customer or former customer in this state, a] retail
67	67	electric provider or electric utility shall timely provide to the
68	68	customer or former customer bill payment history information with
69	69	the retail electric provider or electric utility during the
70	70	preceding 12-month period. Bill payment history information may be
71	71	obtained by the customer or former customer once during each
72	72	12-month period without charge. If additional copies of bill
73	73	payment history information are requested during a 12-month period,
74	74	the electric service provider may charge the customer or former
75	75	customer a reasonable fee for each copy.
76	76	(e) [(g)] On request by a retail electric provider, another
77	77	retail electric provider or electric utility shall timely verify
78	78	information that purports to show a customer's service and bill
79	79	payment history with the retail electric provider or electric
80	80	utility.
81	81	(f) [(h)] This section does not limit a retail electric
82	82	provider's authority to require a deposit or advance payment as a
83	83	condition of service.
84	84	(g) [(i)] Notwithstanding Subsection (c) [(e)], a retail
85	85	electric provider may provide rewards, benefits, or credits to
86	86	residential electric service customers on the basis of the
87	87	customer's payment history for retail electric service to that
88	88	provider.
89	89	SECTION 2. This Act takes effect September 1, 2009.