Texas 2009 - 81st Regular

Texas House Bill HB491 Compare Versions

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

Old	New	Differences
1	1	81R1184 TRH-D
2	2	By: Zerwas H.B. No. 491
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to allowing customers to opt out of provider of last resort
8	8	default service.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 39.101(b), Utilities Code, is amended to
11	11	read as follows:
12	12	(b) A customer is entitled:
13	13	(1) to be informed about rights and opportunities in
14	14	the transition to a competitive electric industry;
15	15	(2) to choose the customer's retail electric provider
16	16	consistent with this chapter, to have that choice honored, and to
17	17	assume that the customer's chosen provider will not be changed
18	18	without the customer's informed consent;
19	19	(3) to have access to providers of energy efficiency
20	20	services, to on-site distributed generation, and to providers of
21	21	energy generated by renewable energy resources;
22	22	(4) to be served by a provider of last resort that
23	23	offers a commission-approved standard service package;
24	24	(4-a) to opt out of and to reinstate provider of last
25	25	resort default service as provided by Section 39.106;
26	26	(5) to receive sufficient information to make an
27	27	informed choice of service provider;
28	28	(6) to be protected from unfair, misleading, or
29	29	deceptive practices, including protection from being billed for
30	30	services that were not authorized or provided; and
31	31	(7) to have an impartial and prompt resolution of
32	32	disputes with its chosen retail electric provider and transmission
33	33	and distribution utility.
34	34	SECTION 2. Section 39.106, Utilities Code, is amended by
35	35	adding Subsections (h) and (i) to read as follows:
36	36	(h) The commission by rule shall establish a procedure by
37	37	which customers may opt out of and reinstate provider of last resort
38	38	default service. The commission shall establish and maintain a
39	39	list of all customers who choose to opt out of provider of last
40	40	resort default service and share the list with retail electric
41	41	providers. The commission shall notify customers that opting out
42	42	of provider of last resort default service will result in a loss of
43	43	electric service if the customer's chosen electric retail provider
44	44	would otherwise be required to transfer the customer to a provider
45	45	of last resort under commission rules.
46	46	(i) The commission by rule shall establish a provider of
47	47	last resort public education program to inform consumers about the
48	48	default services offered by providers of last resort and the
49	49	procedure by which customers may opt out of and reinstate the
50	50	default services of providers of last resort.
51	51	SECTION 3. The Public Utility Commission of Texas shall
52	52	establish the opt-out procedure, opt-out participant list, and
53	53	provider of last resort public education program required by
54	54	Sections 39.106(h) and (i), Utilities Code, as added by this Act,
55	55	not later than January 1, 2010.
56	56	SECTION 4. This Act takes effect September 1, 2009.