81R1184 TRH-D
By: Zerwas H.B. No. 491
A BILL TO BE ENTITLED
AN ACT
relating to allowing customers to opt out of provider of last resort
default service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.101(b), Utilities Code, is amended to
read as follows:
(b) A customer is entitled:
(1) to be informed about rights and opportunities in
the transition to a competitive electric industry;
(2) to choose the customer's retail electric provider
consistent with this chapter, to have that choice honored, and to
assume that the customer's chosen provider will not be changed
without the customer's informed consent;
(3) to have access to providers of energy efficiency
services, to on-site distributed generation, and to providers of
energy generated by renewable energy resources;
(4) to be served by a provider of last resort that
offers a commission-approved standard service package;
(4-a) to opt out of and to reinstate provider of last
resort default service as provided by Section 39.106;
(5) to receive sufficient information to make an
informed choice of service provider;
(6) to be protected from unfair, misleading, or
deceptive practices, including protection from being billed for
services that were not authorized or provided; and
(7) to have an impartial and prompt resolution of
disputes with its chosen retail electric provider and transmission
and distribution utility.
SECTION 2. Section 39.106, Utilities Code, is amended by
adding Subsections (h) and (i) to read as follows:
(h) The commission by rule shall establish a procedure by
which customers may opt out of and reinstate provider of last resort
default service. The commission shall establish and maintain a
list of all customers who choose to opt out of provider of last
resort default service and share the list with retail electric
providers. The commission shall notify customers that opting out
of provider of last resort default service will result in a loss of
electric service if the customer's chosen electric retail provider
would otherwise be required to transfer the customer to a provider
of last resort under commission rules.
(i) The commission by rule shall establish a provider of
last resort public education program to inform consumers about the
default services offered by providers of last resort and the
procedure by which customers may opt out of and reinstate the
default services of providers of last resort.
SECTION 3. The Public Utility Commission of Texas shall
establish the opt-out procedure, opt-out participant list, and
provider of last resort public education program required by
Sections 39.106(h) and (i), Utilities Code, as added by this Act,
not later than January 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.