83R8085 T
By: Simpson H.B. No. 1171
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for certain damages caused by advanced
meters.
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)(1) In this subsection, "property damage" includes:
(A) an invasion of personal privacy; and
(B) economic damage caused by the loss, misuse or
theft of data that is acquired by use of an advanced meter and
belongs to a customer under this section.
(2) This subsection applies to an electric utility or
transmission and distribution utility that receives from the
commission approval of the utility's plan for deploying advanced
meters that transmit data using wireless technology, if the plan
does not:
(A) allow each customer scheduled to receive an
advanced meter under the plan to decline, without charge, to have
the advanced meter installed; or
(B) allow each customer that is using an
installed advanced meter to choose to have the meter removed,
without charge.
(3) An electric utility or a transmission and
distribution utility described by subsection (2) is civilly liable
to a customer for personal injury, property damage or death arising
out of the use of an advanced meter.
(l) 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 by mail to each
customer scheduled to receive an advanced meter under the plan a
notice to inform the customer that the customer may decline,
without charge, to have the advanced meter installed and of the
manner in which and date by which the customer must decline
installation. An electric utility or transmission and distribution
utility that has deployed advanced meters under a plan approved by
the commission shall send by mail to each customer that is using an
installed advanced meter a notice to inform the customer that the
customer may choose to have the meter removed without charge and of
the manner in which the customer must choose removal.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.