| 1 | 1 | | By: Turner of Tarrant, Turner of Harris, H.B. No. 995 |
|---|
| 2 | 2 | | Geren, Menendez, Bohac, et al. |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 995: |
|---|
| 4 | 4 | | By: Solomons C.S.H.B. No. 995 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to notice of expiration and price change in certain retail |
|---|
| 10 | 10 | | electric service contracts. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter C, Chapter 39, Utilities Code, is |
|---|
| 13 | 13 | | amended by adding Section 39.112 to read as follows: |
|---|
| 14 | 14 | | Sec. 39.112. NOTICE OF EXPIRATION AND PRICE CHANGE. (a) In |
|---|
| 15 | 15 | | this section, "fixed rate product" means a retail electric product |
|---|
| 16 | 16 | | with a term of at least three months for which the price for each |
|---|
| 17 | 17 | | billing period, including recurring charges, does not change |
|---|
| 18 | 18 | | throughout the term of the contract, except that the price may vary |
|---|
| 19 | 19 | | to reflect actual changes in transmission and distribution utility |
|---|
| 20 | 20 | | charges, changes to ERCOT or Texas Regional Entity administrative |
|---|
| 21 | 21 | | fees charged to loads, or changes to federal, state, or local laws |
|---|
| 22 | 22 | | that result in new or modified fees or costs that are not within the |
|---|
| 23 | 23 | | retail electric provider's control. |
|---|
| 24 | 24 | | (b) A retail electric provider shall provide a residential |
|---|
| 25 | 25 | | customer who has a fixed rate product with at least two written |
|---|
| 26 | 26 | | notices of the date the fixed rate product will expire. The notices |
|---|
| 27 | 27 | | must: |
|---|
| 28 | 28 | | (1) be sent to the customer's billing address by mail |
|---|
| 29 | 29 | | at least once during each of the two consecutive billing cycles |
|---|
| 30 | 30 | | preceding the date the contract will expire; |
|---|
| 31 | 31 | | (2) be sent to the customer's e-mail address, if |
|---|
| 32 | 32 | | available to the provider, at least once during each of the two |
|---|
| 33 | 33 | | consecutive billing cycles preceding the date the contract will |
|---|
| 34 | 34 | | expire; |
|---|
| 35 | 35 | | (3) include on the outside of the envelope in which the |
|---|
| 36 | 36 | | notice is sent a statement that reads: "Important Notice: Your |
|---|
| 37 | 37 | | Contract Will Expire Soon. See Enclosed."; and |
|---|
| 38 | 38 | | (4) if included with a customer's bill, be printed on a |
|---|
| 39 | 39 | | separate page that is immediately visible on opening the envelope. |
|---|
| 40 | 40 | | (c) A retail electric provider shall include on each billing |
|---|
| 41 | 41 | | statement the beginning and end date of the fixed price contract. |
|---|
| 42 | 42 | | (d) A retail electric provider shall include a statement on |
|---|
| 43 | 43 | | the front of the first page of a customer's bill, in at least |
|---|
| 44 | 44 | | 12-point type, that reads: "For more information about residential |
|---|
| 45 | 45 | | electric service, please visit http://www.powertochoose.org." This |
|---|
| 46 | 46 | | subsection expires September 1, 2011. |
|---|
| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 48 | 48 | | to a contract for retail electric service entered into or renewed on |
|---|
| 49 | 49 | | or after the effective date of this Act. A contract for retail |
|---|
| 50 | 50 | | electric service entered into or renewed before the effective date |
|---|
| 51 | 51 | | of this Act is governed by the law as it existed immediately before |
|---|
| 52 | 52 | | the effective date of this Act, and that law is continued in effect |
|---|
| 53 | 53 | | for that purpose. |
|---|
| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|