81R4549 TRH-D
By: Veasey H.B. No. 725
A BILL TO BE ENTITLED
AN ACT
relating to utility bill payment protection for elderly or disabled
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 182,
Utilities Code, is amended to read as follows:
SUBCHAPTER A. [PAYMENT DATE OF] UTILITY BILL PROTECTIONS FOR
ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY
SECTION 2. Section 182.001, Utilities Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Individual with a disability" means an
individual who:
(A) is receiving disability insurance benefits
under 42 U.S.C. Section 423; or
(B) otherwise has an inability to engage in any
substantial gainful activity by reason of a medically determinable
physical or mental impairment that can be expected to result in
death or that has lasted or can be expected to last for a continuous
period of not less than 12 months.
SECTION 3. Sections 182.002 through 182.005, Utilities
Code, are amended to read as follows:
Sec. 182.002. DELAY OR DEFERRAL OF BILL PAYMENT [DATE] FOR
ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY. (a) On request
by an elderly individual or an individual with a disability, a
utility shall delay without penalty the payment date of a bill for
providing utility service to that individual until the 25th day
after the date the bill is issued.
(a-1) On written request by an elderly individual or an
individual with a disability, a utility shall allow payment of the
individual's utility bill to be deferred for not more than three
months. The payment plan may not include a penalty for late
payments. The payment plan must allow the individual to pay the
delinquent amount in equal installments over at least three billing
cycles.
(b) This subchapter applies only to an elderly individual or
an individual with a disability who:
(1) is a residential customer; and
(2) occupies the entire premises for which a delay or
payment deferral is requested.
Sec. 182.003. REQUEST FOR DELAY. An elderly individual or
an individual with a disability may request that the utility
implement the delay under Section 182.002(a) [182.002] for:
(1) the most recent utility bill; or
(2) the most recent utility bill and each subsequent
utility bill.
Sec. 182.004. PROOF OF AGE OR DISABILITY. A utility may
require an individual requesting a delay or deferral under this
subchapter to present reasonable proof that the individual is 60
years of age or older or is an individual with a disability.
Sec. 182.005. CERTAIN UTILITIES NOT AFFECTED. This
subchapter does not apply to a utility that:
(1) does not assess a late payment charge on a
residential customer;
(2) does not suspend service before the 26th day after
the date of the bill for which collection action is taken; [and]
(3) offers a deferred payment plan that is at least as
generous as the plan required by Section 182.002(a-1); and
(4) is regulated under Title 2.
SECTION 4. This Act takes effect September 1, 2009.