Texas 2011 - 82nd Regular

Texas House Bill HB3205 Latest Draft

Bill / Introduced Version

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                            82R10633 ALL-D
 By: Davis of Dallas H.B. No. 3205


 A BILL TO BE ENTITLED
 AN ACT
 relating to the authority of a customer to choose not to have an
 advanced meter installed.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 39.107, Utilities Code, is amended by
 adding Subsections (k) and (l) to read as follows:
 (k)  An electric utility or transmission and distribution
 utility that receives from the commission approval of the utility's
 plan for deploying advanced meters shall send to each customer
 scheduled to receive an advanced meter under the plan a notice that
 the customer may decline to have the meter installed. The utility
 shall send the notice to the customer's billing address by mail and
 describe the manner in which the customer may decline installation.
 If the utility includes the notice with the customer's bill, the
 utility must print the notice on a separate page.
 (l)  If, not later than the 30th day after the date the
 customer receives the notice, the customer declines to have the
 advanced meter installed, the utility may not:
 (1)  install the meter; or
 (2)  charge the customer the nonbypassable surcharge
 otherwise authorized by Subsection (h).
 SECTION 2.  (a)  An electric utility or transmission and
 distribution utility that, before the effective date of this Act,
 received approval from the Public Utility Commission of Texas of
 the utility's plan for deploying advanced meters but that has not
 completed that deployment on the effective date of this Act, shall
 suspend that deployment on the effective date of this Act.
 (b)  Not later than the 15th day after the effective date of
 this Act, the electric utility or transmission and distribution
 utility shall send to each customer who is scheduled to receive an
 advanced meter under the deployment plan, but who has not received
 the meter, the notice required by Section 39.107(k), Utilities
 Code, as added by this Act. If a customer declines installation of
 the meter, as provided by Section 39.107(l), Utilities Code, as
 added by this Act, the utility shall refund to the customer the
 amount of any nonbypassable surcharge imposed under Section
 39.107(h), Utilities Code, that the utility previously collected
 from the customer.
 SECTION 3.  This Act takes effect September 1, 2011.