Texas 2009 - 81st Regular

Texas Senate Bill SB1762 Compare Versions

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

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1	1	By: Watson S.B. No. 1762
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a temporary moratorium for disconnection of electric
7	7	service for certain customers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 39, Utilities Code, is
10	10	amended by adding Section 39.1015 to read as follows:
11	11	Sec. 39.1015. SUSPENSION OF DISCONNECTION FOR CERTAIN
12	12	CUSTOMERS. (a) In this section:
13	13	(1) "Critical care residential customer" means a
14	14	residential electric customer for whom an interruption or
15	15	suspension of electric service will create a dangerous or
16	16	life-threatening condition.
17	17	(2) "Elderly low-income customer" means a low-income
18	18	customer who is 65 years old or older.
19	19	(3) "Low-income customer" means an electric customer:
20	20	(A) whose household income is not more than 125
21	21	percent of the federal poverty guidelines;
22	22	(B) who receives food stamps from the Health and
23	23	Human Services Commission; or
24	24	(C) who receives medical assistance from a state
25	25	agency that administers a part of the medical assistance program.
26	26	(4) "Service provider" means a retail electric
27	27	provider, power generation company, aggregator, or other entity
28	28	that provides retail electric service.
29	29	(b) During the period beginning July 1 and ending September
30	30	30 of each year, and during any other months of the year in which the
31	31	National Weather Service declares an extreme weather emergency, a
32	32	service provider:
33	33	(1) may not disconnect service or authorize the
34	34	disconnection of service to a critical care residential customer or
35	35	elderly low-income customer who contacts the service provider
36	36	regarding bill payment or in response to a disconnection notice;
37	37	(2) may not disconnect service or authorize the
38	38	disconnection of service to a low-income customer other than an
39	39	elderly low-income customer if the customer:
40	40	(A) contacts the service provider regarding bill
41	41	payment or in response to a disconnection notice; and
42	42	(B) enters into a deferred payment plan with the
43	43	service provider for the current month's electric charges and meets
44	44	the terms of any then current deferred payment plan;
45	45	(3) shall request reconnection of service or reconnect
46	46	service to a critical care residential customer or an elderly
47	47	low-income customer whose service is disconnected before or during
48	48	the period if:
49	49	(A) the customer contacts the service provider
50	50	regarding bill payment or in response to a disconnection notice; or
51	51	(B) the service provider has previously been
52	52	notified that the customer is a critical care residential customer;
53	53	(4) shall request reconnection of service or reconnect
54	54	service to a low-income customer whose service is disconnected
55	55	before or during the period if the customer enters into a deferred
56	56	payment plan with the service provider; and
57	57	(5) shall rescind a request for disconnection of
58	58	service to a critical care residential customer, elderly low-income
59	59	customer, or low-income customer made before the period begins if
60	60	the service provider is prohibited under this subsection from
61	61	disconnecting or authorizing the disconnection of the customer's
62	62	service during the period.
63	63	(c) A service provider may not disconnect service or
64	64	authorize the disconnection of a critical care residential
65	65	customer's service during the period provided by Subsection (b)
66	66	regardless of whether the customer contacts the service provider as
67	67	provided by Subsection (b) if the service provider has previously
68	68	been notified that the customer is a critical care residential
69	69	customer.
70	70	(d) A service provider shall allow a critical care
71	71	residential customer, elderly low-income customer, or low-income
72	72	customer to establish with the provider a deferred payment plan in
73	73	person or by telephone. The service provider shall confirm the
74	74	payment plan with the customer in writing. The deferred payment
75	75	plan many not include a penalty for late payments accrued during the
76	76	period provided by Subsection (b). The service provider shall
77	77	allow a critical care residential customer, elderly low-income
78	78	customer, or low-income customer to renegotiate the terms of the
79	79	deferred payment plan at least one time, regardless of whether the
80	80	customer's economic or financial circumstances have changed. For a
81	81	low-income customer other than an elderly low-income customer,
82	82	during the period provided by Subsection (b), the payment plan may
83	83	require the payment of not more than 25 percent of the then current
84	84	month's charges plus any due installments of a previous deferred
85	85	payment plan. For a low-income customer other than an elderly
86	86	low-income customer, the service provider is not required to extend
87	87	a deferred payment plan entered into under this subsection beyond
88	88	the March billing cycle following the period provided by Subsection
89	89	(b).
90	90	(e) A deferred payment plan established under Subsection
91	91	(d) for one or more electric bills that come due during the period
92	92	provided by Subsection (b) must provide:
93	93	(1) for a critical care residential customer or
94	94	elderly low-income customer, that the customer is not required to
95	95	pay more than 25 percent of the deferred electric bills as part of
96	96	the first electric bill issued after the end of the period and that
97	97	the remaining balance is to be paid in equal installments over the
98	98	next five billing cycles, unless the customer requests a lesser
99	99	number of installments; and
100	100	(2) for a low-income customer other than an elderly
101	101	low-income customer, that the customer is required to pay not more
102	102	than 25 percent of the deferred bills to initiate the agreement and
103	103	that the remaining balance is to be paid in equal installments over
104	104	the next five billing cycles, unless the customer requests a lesser
105	105	number of installments.
106	106	(f) A service provider may pursue disconnection of
107	107	electrical service for a critical care residential customer or an
108	108	elderly low-income customer only after the period provided by
109	109	Subsection (b) and only if the customer does not meet the terms of
110	110	the deferred payment plan, unless the disconnection is otherwise
111	111	prohibited. A service provider may pursue disconnection of service
112	112	for a low-income customer other than an elderly low-income customer
113	113	if the customer does not meet the terms of the deferred payment
114	114	plan, unless the disconnection is otherwise prohibited. The
115	115	service provider shall give the customer appropriate notice that
116	116	the customer has not met the terms of the plan before the service
117	117	provider disconnects or authorizes the disconnection of service.
118	118	(g) A service provider may encourage a critical care
119	119	residential customer or elderly low-income customer to make partial
120	120	payment of a deferred electric bill during the period provided by
121	121	Subsection (b), but the service provider shall clearly inform the
122	122	customer that the customer may not be disconnected for nonpayment
123	123	before October 1 following the period provided by Subsection (b).
124	124	SECTION 2. This Act takes effect September 1, 2009.