Texas 2009 - 81st Regular

Texas Senate Bill SB265 Compare Versions

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1	1	By: Hinojosa, Davis S.B. No. 265
2	2	(In the Senate - Filed November 12, 2008; February 11, 2009,
3	3	read first time and referred to Committee on Business and Commerce;
4	4	April 17, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0; April 17, 2009,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 265 By: Fraser
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to benefits and protections for certain residential
13	13	electric customers.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 39.101, Utilities Code, is amended by
16	16	adding Subsections (i), (j), (k), (l), (m), (n), and (o) to read as
17	17	follows:
18	18	(i) A retail electric provider, power generation company,
19	19	aggregator, or other entity that provides retail electric service
20	20	shall waive any initial deposit requirement for a residential
21	21	customer who is not delinquent in payment of any electric service
22	22	account with that provider and:
23	23	(1) is at least 65 years of age; or
24	24	(2) has a payment history for electric service in this
25	25	state that includes not more than one late payment in the preceding
26	26	12 months.
27	27	(j) During the period beginning July 1 and ending September
28	28	30 of each year, a retail electric provider, power generation
29	29	company, aggregator, or other entity that provides retail electric
30	30	service may not disconnect service or authorize the disconnection
31	31	of service to a residential customer who requests and complies with
32	32	the terms of a deferred payment plan and who demonstrates to the
33	33	provider that the customer is a low-income electric customer, as
34	34	defined by Section 39.903(l).
35	35	(k) During the period beginning July 1 and ending September
36	36	30 of each year, a retail electric provider, power generation
37	37	company, aggregator, or other entity that provides retail electric
38	38	service may not disconnect service or authorize the disconnection
39	39	of service to a residential customer who:
40	40	(1) is designated in accordance with commission rules
41	41	as a critical care residential customer for whom an interruption or
42	42	suspension of electric service will create a dangerous or
43	43	life-threatening condition; or
44	44	(2) requests a deferred payment plan and demonstrates
45	45	to the provider that the customer qualifies under commission rules
46	46	for designation as a critical care residential customer for whom an
47	47	interruption or suspension of electric service will create a
48	48	dangerous or life-threatening condition.
49	49	(l) A retail electric provider, power generation company,
50	50	aggregator, or other entity that provides retail electric service
51	51	shall provide to each residential customer designated as a critical
52	52	care residential customer and each residential customer on a
53	53	reduced rate program described by Section 39.903(h) an annual
54	54	notice informing the customer of the protections available under
55	55	Subsections (j) and (k). The notice must be provided
56	56	contemporaneously with the first invoice issued to the customer
57	57	after June 30 of each year. The notice may be printed on the
58	58	invoice, included as an insert provided with the invoice, or
59	59	provided separately in a way reasonably calculated to inform the
60	60	customer of the protections available under Subsections (j) and
61	61	(k).
62	62	(m) A retail electric provider, power generation company,
63	63	aggregator, or other entity that provides retail electric service
64	64	shall offer to a residential customer described by Subsection (j)
65	65	who requests a deferred payment plan a payment plan that allows the
66	66	customer to avoid disconnection of service during the period
67	67	described by Subsection (j) if the customer:
68	68	(1) pays at least 33 percent of the outstanding
69	69	balance due;
70	70	(2) agrees to pay remaining balances in equal
71	71	installments over the next five billing cycles, unless the customer
72	72	agrees to a lesser number of installments; and
73	73	(3) does not owe an outstanding balance from an
74	74	earlier deferred payment plan granted to allow the customer to
75	75	avoid disconnection of service during a period described by
76	76	Subsection (j).
77	77	(n) A retail electric provider, power generation company,
78	78	aggregator, or other entity that provides retail electric service,
79	79	on request by a residential customer described by Subsection (j)
80	80	who is at least 65 years of age or a residential customer described
81	81	by Subsection (k)(2), shall offer to the customer a deferred
82	82	payment plan that allows the customer to avoid disconnection of
83	83	service during the period described by Subsection (j) or (k)
84	84	without any payment of the current month's service charges until
85	85	after September 30 if the customer agrees to pay:
86	86	(1) 25 percent of the deferred charges when the first
87	87	bill issued after September 30 is due; and
88	88	(2) the remaining balances in equal installments over
89	89	the next five billing cycles after the bill issued after September
90	90	30, unless the customer agrees to a lesser number of installments.
91	91	(o) Subsections (i)-(n) do not apply to metered electric
92	92	service sold to residential customers on a prepaid basis.
93	93	SECTION 2. The Public Utility Commission of Texas shall
94	94	adopt rules to implement Subsections (i), (j), (k), (l), (m), (n),
95	95	and (o), Section 39.101, Utilities Code, as added by this Act, as
96	96	quickly as practicable so that customers are provided protections
97	97	prescribed by those subsections before September 30, 2009.
98	98	SECTION 3. This Act takes effect September 1, 2009.
99	99	* * * * *