81R10596 TRH-D By: Farabee H.B. No. 2852 A BILL TO BE ENTITLED AN ACT relating to a prohibition on retail electric providers including a change of law provision in a contract for retail electric service. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 17, Utilities Code, is amended by adding Section 17.159 to read as follows: Sec. 17.159. CHANGE OF LAW. A retail electric provider may not include in a contract for retail electric service a provision that allows the provider to increase the price charged under the contract to recover costs to the provider that result from a change in the law. SECTION 2. The change in law made by this Act applies only to a contract for retail electric service that is entered into on or after the effective date of this Act. A contract for retail electric service that is entered into before the effective date of this Act is subject to the law in effect on the date the contract was entered into, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2009.