Texas 2009 - 81st Regular

Texas House Bill HB725 Compare Versions

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

Old	New	Differences
1	1	81R4549 TRH-D
2	2	By: Veasey H.B. No. 725
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to utility bill payment protection for elderly or disabled
8	8	persons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter A, Chapter 182,
11	11	Utilities Code, is amended to read as follows:
12	12	SUBCHAPTER A. [PAYMENT DATE OF] UTILITY BILL PROTECTIONS FOR
13	13	ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY
14	14	SECTION 2. Section 182.001, Utilities Code, is amended by
15	15	adding Subdivision (1-a) to read as follows:
16	16	(1-a) "Individual with a disability" means an
17	17	individual who:
18	18	(A) is receiving disability insurance benefits
19	19	under 42 U.S.C. Section 423; or
20	20	(B) otherwise has an inability to engage in any
21	21	substantial gainful activity by reason of a medically determinable
22	22	physical or mental impairment that can be expected to result in
23	23	death or that has lasted or can be expected to last for a continuous
24	24	period of not less than 12 months.
25	25	SECTION 3. Sections 182.002 through 182.005, Utilities
26	26	Code, are amended to read as follows:
27	27	Sec. 182.002. DELAY OR DEFERRAL OF BILL PAYMENT [DATE] FOR
28	28	ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY. (a) On request
29	29	by an elderly individual or an individual with a disability, a
30	30	utility shall delay without penalty the payment date of a bill for
31	31	providing utility service to that individual until the 25th day
32	32	after the date the bill is issued.
33	33	(a-1) On written request by an elderly individual or an
34	34	individual with a disability, a utility shall allow payment of the
35	35	individual's utility bill to be deferred for not more than three
36	36	months. The payment plan may not include a penalty for late
37	37	payments. The payment plan must allow the individual to pay the
38	38	delinquent amount in equal installments over at least three billing
39	39	cycles.
40	40	(b) This subchapter applies only to an elderly individual or
41	41	an individual with a disability who:
42	42	(1) is a residential customer; and
43	43	(2) occupies the entire premises for which a delay or
44	44	payment deferral is requested.
45	45	Sec. 182.003. REQUEST FOR DELAY. An elderly individual or
46	46	an individual with a disability may request that the utility
47	47	implement the delay under Section 182.002(a) [182.002] for:
48	48	(1) the most recent utility bill; or
49	49	(2) the most recent utility bill and each subsequent
50	50	utility bill.
51	51	Sec. 182.004. PROOF OF AGE OR DISABILITY. A utility may
52	52	require an individual requesting a delay or deferral under this
53	53	subchapter to present reasonable proof that the individual is 60
54	54	years of age or older or is an individual with a disability.
55	55	Sec. 182.005. CERTAIN UTILITIES NOT AFFECTED. This
56	56	subchapter does not apply to a utility that:
57	57	(1) does not assess a late payment charge on a
58	58	residential customer;
59	59	(2) does not suspend service before the 26th day after
60	60	the date of the bill for which collection action is taken; [and]
61	61	(3) offers a deferred payment plan that is at least as
62	62	generous as the plan required by Section 182.002(a-1); and
63	63	(4) is regulated under Title 2.
64	64	SECTION 4. This Act takes effect September 1, 2009.