Texas 2009 - 81st Regular

Texas Senate Bill SB2128 Compare Versions

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

Old	New	Differences
1	1	81R11067 TRH-F
2	2	By: Davis, Wendy S.B. No. 2128
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to fixed price contracts for residential retail electric
8	8	service.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 39, Utilities Code, is
11	11	amended by adding Section 39.113 to read as follows:
12	12	Sec. 39.113. FIXED PRICE CONTRACTS. (a) In this section,
13	13	"fixed price contract" means a residential retail electric service
14	14	contract for a term of six months or more in which the price for each
15	15	billing period is stated in the contract and does not change
16	16	throughout the term of the contract. The term does not include
17	17	month-to-month service.
18	18	(b) The term of a fixed price contract must be conspicuously
19	19	disclosed on the contract. The start and end dates of a fixed price
20	20	contract must be available to a customer who is a party to the
21	21	contract, on the request of the customer. The start and end dates
22	22	may be estimated if the retail electric provider is unable to
23	23	determine the dates. If a start date for a fixed price contract is
24	24	known, the end date may be estimated based on the transmission and
25	25	distribution utility's normal meter reading schedule for the
26	26	customer.
27	27	(c) In addition to any information required under
28	28	Subsection (b), a retail electric provider shall provide a
29	29	residential customer who has a fixed price contract with written
30	30	notification of the date the contract is scheduled to expire. The
31	31	notice must be sent to the customer's billing address by mail
32	32	postmarked not less than 60 days before the date the contract is
33	33	scheduled to expire. This subsection does not preclude a retail
34	34	electric provider from offering a new contract to a customer at any
35	35	time during the term of the customer's contract.
36	36	(d) A notice under Subsection (c) must:
37	37	(1) be provided as a separate document;
38	38	(2) include on the outside of the envelope the
39	39	statement "Contract Expiration Notice";
40	40	(3) if the customer has agreed to receive official
41	41	documents by electronic mail, state in the subject line of the
42	42	electronic mail "Contract Expiration Notice";
43	43	(4) include a description of the retail electric
44	44	provider's default service plan;
45	45	(5) include the terms of service for the retail
46	46	electric provider's default service plan, unless the terms of
47	47	service applicable to the default service plan also apply to the
48	48	customer's existing service under the fixed price contract;
49	49	(6) include a statement that if the customer takes no
50	50	action, service to the customer will continue according to the
51	51	default service plan; and
52	52	(7) include a statement that the default service plan
53	53	is provided on a month-to-month basis and may be canceled by the
54	54	customer at any time with no fee.
55	55	SECTION 2. The change in law made by this Act applies only
56	56	to a contract for retail electric service entered into or renewed on
57	57	or after the effective date of this Act. A contract for retail
58	58	electric service entered into or renewed before the effective date
59	59	of this Act is governed by the law as it existed immediately before
60	60	the effective date of this Act, and that law is continued in effect
61	61	for that purpose.
62	62	SECTION 3. This Act takes effect September 1, 2009.