| 1 | 1 | | 81R2624 TRH-D |
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| 2 | 2 | | By: Martinez H.B. No. 841 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to utility bill payment protection for elderly or disabled |
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| 8 | 8 | | persons, or persons with special medical needs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.101, Utilities Code, is amended by |
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| 11 | 11 | | adding Subsections (i), (j), and (k) to read as follows: |
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| 12 | 12 | | (i) A retail electric provider, power generation company, |
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| 13 | 13 | | aggregator, or other entity that provides retail electric service |
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| 14 | 14 | | may not, because of a late payment or failure to make a payment, |
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| 15 | 15 | | disconnect service to a residential customer who: |
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| 16 | 16 | | (1) requests and qualifies for a deferred payment |
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| 17 | 17 | | plan; and |
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| 18 | 18 | | (2) is: |
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| 19 | 19 | | (A) at least 62 years of age; |
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| 20 | 20 | | (B) a person or resides with a person who, if |
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| 21 | 21 | | electric service is disconnected, is likely to become seriously ill |
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| 22 | 22 | | or become more seriously ill; or |
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| 23 | 23 | | (C) unable to engage in any substantial gainful |
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| 24 | 24 | | activity by reason of a medically determinable physical or mental |
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| 25 | 25 | | disability. |
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| 26 | 26 | | (j) If a residential customer's electric account is past |
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| 27 | 27 | | due, the retail electric provider, power generation company, |
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| 28 | 28 | | aggregator, or other entity that provides retail electric service |
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| 29 | 29 | | to the customer shall give the customer notice that the account is |
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| 30 | 30 | | past due. The notice must be in conspicuous print on the first page |
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| 31 | 31 | | of the disconnection notice or of the residential customer's first |
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| 32 | 32 | | electric bill after the account becomes past due, whichever is sent |
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| 33 | 33 | | earlier. The notice must also inform the customer that the customer |
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| 34 | 34 | | may qualify for a deferred payment plan and describe the manner in |
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| 35 | 35 | | which the customer may request the plan. |
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| 36 | 36 | | (k) A retail electric provider, power generation company, |
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| 37 | 37 | | aggregator, or other entity that provides retail electric service |
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| 38 | 38 | | shall provide to a residential customer described by Subsection (i) |
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| 39 | 39 | | who receives notice of a past due account and who can demonstrate |
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| 40 | 40 | | financial inability to pay the amount due promptly, the opportunity |
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| 41 | 41 | | to request a deferred payment plan. The commission by rule shall |
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| 42 | 42 | | establish requirements for criteria for a customer to qualify for a |
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| 43 | 43 | | deferred payment plan required under this subsection. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2009. |
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