| 1 | 1 | | 81R3702 TRH-D |
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| 2 | 2 | | By: West S.B. No. 428 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement that retail electric providers give |
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| 8 | 8 | | notice to customers before permanently ceasing to operate. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 39, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 39.110 to read as follows: |
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| 12 | 12 | | Sec. 39.110. CUSTOMER NOTICE ON CESSATION OF OPERATION. |
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| 13 | 13 | | (a) A retail electric provider shall notify its customers not less |
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| 14 | 14 | | than 30 days before the retail electric provider permanently ceases |
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| 15 | 15 | | to operate. Notice under this section must: |
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| 16 | 16 | | (1) be made by mail and electronic mail; and |
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| 17 | 17 | | (2) inform the customer that failure to select a new |
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| 18 | 18 | | retail electric provider before the customer's current provider |
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| 19 | 19 | | ceases to operate will result in a transfer of the customer's |
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| 20 | 20 | | electric service to a provider of last resort. |
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| 21 | 21 | | (b) The independent organization certified under Section |
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| 22 | 22 | | 39.151 shall collect from each retail electric provider a list of |
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| 23 | 23 | | the provider's customers and customer contact information and |
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| 24 | 24 | | organize the information into a database. A retail electric |
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| 25 | 25 | | provider shall update its customer contact list with the |
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| 26 | 26 | | independent organization quarterly. The database shall include |
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| 27 | 27 | | each customer's: |
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| 28 | 28 | | (1) name; |
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| 29 | 29 | | (2) mailing address; |
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| 30 | 30 | | (3) electronic mail address; and |
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| 31 | 31 | | (4) telephone number. |
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| 32 | 32 | | (c) The commission shall adopt rules as necessary to |
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| 33 | 33 | | implement this section. |
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| 34 | 34 | | SECTION 2. (a) The changes in law made by Section 39.110(a), |
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| 35 | 35 | | Utilities Code, as added by this Act, apply only to a retail |
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| 36 | 36 | | electric provider whose last day of operation is on or after October |
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| 37 | 37 | | 1, 2009. A retail electric provider whose last day of operation is |
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| 38 | 38 | | before October 1, 2009, is subject to the law in effect on that |
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| 39 | 39 | | date, and that law is continued in effect for that purpose. |
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| 40 | 40 | | (b) Not later than February 1, 2010, the Electric |
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| 41 | 41 | | Reliability Council of Texas shall create the customer contact |
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| 42 | 42 | | information list database required by Section 39.110, Utilities |
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| 43 | 43 | | Code, as added by this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2009. |
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