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