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