By: Turner of Harris H.B. No. 2306
A BILL TO BE ENTITLED
AN ACT
relating to the use of a customer's utility bill payment data.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.008, Utilities Code, is amended to
read as follows:
Sec. 17.008. PROTECTION OF RESIDENTIAL ELECTRIC SERVICE
APPLICANTS AND CUSTOMERS. (a) In this section and in Section
17.009:
(1) "Credit history":
(A) means information regarding an individual's
past history of:
(i) financial responsibility;
(ii) payment habits; or
(iii) creditworthiness; and
(B) does not include an individual's outstanding
balance for retail electric or telecommunications service.
(2) "Credit score" means a score, grade, or value that
is derived by a consumer reporting agency, as defined under Section
603(f) of the Fair Credit Reporting Act (15 U.S.C. Section
1681a(f)), using data from a credit history in any type of model,
method, or program for the purpose of grading or ranking credit
report data, whether derived electronically, from an algorithm,
through a computer software application model or program, or
through any other analogous process.
(3) "Utility payment data" means a measure that is
derived by a consumer reporting agency, as defined under Section
603(f) of the Fair Credit Reporting Act (15 U.S.C. Section
1681a(f)), from a model specifically designed to correlate to
utility payment histories.
(b) A retail electric provider may not deny an applicant's
request to become a residential electric service customer, or deny
a customer's right to choose a retail electric provider and have
that choice honored or restricted, on the basis of the applicant's
credit history, [or] credit score, [but may use the applicant's]
utility payment data, or electric bill payment history; provided,
however, that a retail electric provider may require an applicant
to pay a deposit and any unpaid balance the applicant has from
previous service with that provider [until the later of January 1,
2007, or the date on which the price to beat is no longer in effect
in the geographic area in which the customer is located].
(c) [Notwithstanding Subsection (b), while a retail
electric provider is required to provide service to a geographic
area as the affiliated retail electric provider, the provider may
not deny an applicant's request to become a residential electric
service customer within that geographic area on the basis of the
applicant's credit history, credit score, or utility payment data.
[(d) After the date described in Subsection (b), a retail
electric provider, including an affiliated retail electric
provider, may not deny an applicant's request to become a
residential electric service customer on the basis of the
applicant's credit history, credit score, or utility payment data
but may use the applicant's electric bill payment history.]
[(e)] A retail electric provider may not use a credit score,
a credit history, or utility payment data as the basis for
determining the price for month-to-month electric service or
electric service that includes a fixed price commitment of 12
months or less:
(1) for an existing residential customer; or
(2) in response to an applicant's request to become a
residential electric service customer.
(d) A [(f) After the date described in Subsection (b), on
request by a customer or former customer in this state, a] retail
electric provider or electric utility shall timely provide to the
customer or former customer bill payment history information with
the retail electric provider or electric utility during the
preceding 12-month period. Bill payment history information may be
obtained by the customer or former customer once during each
12-month period without charge. If additional copies of bill
payment history information are requested during a 12-month period,
the electric service provider may charge the customer or former
customer a reasonable fee for each copy.
(e) [(g)] On request by a retail electric provider, another
retail electric provider or electric utility shall timely verify
information that purports to show a customer's service and bill
payment history with the retail electric provider or electric
utility.
(f) [(h)] This section does not limit a retail electric
provider's authority to require a deposit or advance payment as a
condition of service.
(g) [(i)] Notwithstanding Subsection (c) [(e)], a retail
electric provider may provide rewards, benefits, or credits to
residential electric service customers on the basis of the
customer's payment history for retail electric service to that
provider.
SECTION 2. This Act takes effect September 1, 2009.