By: Hinojosa, Davis S.B. No. 265
(In the Senate - Filed November 12, 2008; February 11, 2009,
read first time and referred to Committee on Business and Commerce;
April 17, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 17, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 265 By: Fraser
A BILL TO BE ENTITLED
AN ACT
relating to benefits and protections for certain residential
electric customers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.101, Utilities Code, is amended by
adding Subsections (i), (j), (k), (l), (m), (n), and (o) to read as
follows:
(i) A retail electric provider, power generation company,
aggregator, or other entity that provides retail electric service
shall waive any initial deposit requirement for a residential
customer who is not delinquent in payment of any electric service
account with that provider and:
(1) is at least 65 years of age; or
(2) has a payment history for electric service in this
state that includes not more than one late payment in the preceding
12 months.
(j) During the period beginning July 1 and ending September
30 of each year, a retail electric provider, power generation
company, aggregator, or other entity that provides retail electric
service may not disconnect service or authorize the disconnection
of service to a residential customer who requests and complies with
the terms of a deferred payment plan and who demonstrates to the
provider that the customer is a low-income electric customer, as
defined by Section 39.903(l).
(k) During the period beginning July 1 and ending September
30 of each year, a retail electric provider, power generation
company, aggregator, or other entity that provides retail electric
service may not disconnect service or authorize the disconnection
of service to a residential customer who:
(1) is designated in accordance with commission rules
as a critical care residential customer for whom an interruption or
suspension of electric service will create a dangerous or
life-threatening condition; or
(2) requests a deferred payment plan and demonstrates
to the provider that the customer qualifies under commission rules
for designation as a critical care residential customer for whom an
interruption or suspension of electric service will create a
dangerous or life-threatening condition.
(l) A retail electric provider, power generation company,
aggregator, or other entity that provides retail electric service
shall provide to each residential customer designated as a critical
care residential customer and each residential customer on a
reduced rate program described by Section 39.903(h) an annual
notice informing the customer of the protections available under
Subsections (j) and (k). The notice must be provided
contemporaneously with the first invoice issued to the customer
after June 30 of each year. The notice may be printed on the
invoice, included as an insert provided with the invoice, or
provided separately in a way reasonably calculated to inform the
customer of the protections available under Subsections (j) and
(k).
(m) A retail electric provider, power generation company,
aggregator, or other entity that provides retail electric service
shall offer to a residential customer described by Subsection (j)
who requests a deferred payment plan a payment plan that allows the
customer to avoid disconnection of service during the period
described by Subsection (j) if the customer:
(1) pays at least 33 percent of the outstanding
balance due;
(2) agrees to pay remaining balances in equal
installments over the next five billing cycles, unless the customer
agrees to a lesser number of installments; and
(3) does not owe an outstanding balance from an
earlier deferred payment plan granted to allow the customer to
avoid disconnection of service during a period described by
Subsection (j).
(n) A retail electric provider, power generation company,
aggregator, or other entity that provides retail electric service,
on request by a residential customer described by Subsection (j)
who is at least 65 years of age or a residential customer described
by Subsection (k)(2), shall offer to the customer a deferred
payment plan that allows the customer to avoid disconnection of
service during the period described by Subsection (j) or (k)
without any payment of the current month's service charges until
after September 30 if the customer agrees to pay:
(1) 25 percent of the deferred charges when the first
bill issued after September 30 is due; and
(2) the remaining balances in equal installments over
the next five billing cycles after the bill issued after September
30, unless the customer agrees to a lesser number of installments.
(o) Subsections (i)-(n) do not apply to metered electric
service sold to residential customers on a prepaid basis.
SECTION 2. The Public Utility Commission of Texas shall
adopt rules to implement Subsections (i), (j), (k), (l), (m), (n),
and (o), Section 39.101, Utilities Code, as added by this Act, as
quickly as practicable so that customers are provided protections
prescribed by those subsections before September 30, 2009.
SECTION 3. This Act takes effect September 1, 2009.
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