By: Turner of Tarrant, Anchia, H.B. No. 1772
Turner of Harris
Substitute the following for H.B. No. 1772:
By: Leach C.S.H.B. No. 1772
A BILL TO BE ENTITLED
AN ACT
relating to the disconnection of electric or gas utility service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 92, Property Code, is
amended by adding Section 92.302 to read as follows:
Sec. 92.302. NOTICE OF UTILITY DISCONNECTION OF
NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO
MUNICIPALITIES, OWNERS, AND TENANTS. (a) In this section:
(1) "Customer" means a person who is responsible for
bills received for electric utility service or gas utility service
provided to nonsubmetered master metered multifamily property.
(2) "Nonsubmetered master metered multifamily
property" means an apartment, a leased or owner-occupied
condominium, or one or more buildings containing at least 10
dwellings that receive electric utility service or gas utility
service that is master metered but not submetered.
(b) A customer shall provide written notice of a service
disconnection to each tenant or owner at a nonsubmetered master
metered multifamily property not later than the fifth day after the
date the customer receives a notice of service disconnection from
an electric service provider or a gas utility. The customer must
provide the notice by mail to the tenant's or owner's preferred
mailing address or hand deliver the notice to the tenant or owner.
The written notice must include the customer's contact information
and the tenant's remedies under Section 92.301. The notice must
include the following text in both English and Spanish:
"Notice to residents of (name and address of nonsubmetered
master metered multifamily property): Electric (or gas) service to
this property is scheduled for disconnection on (date) because
(reason for disconnection)."
(c) If the property is located in a municipality, the
customer shall provide the same notice described by Subsection (b)
to the governing body of that municipality by certified mail. The
governing body of the municipality may provide additional notice to
the property's tenants and owners after receipt of the service
disconnection notice under this subsection.
(d) A customer is not required to provide the notices
described by this section if the customer avoids the disconnection
by paying the bill.
SECTION 2. Chapter 17, Utilities Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION
Sec. 17.201. DEFINITION. In this subchapter,
"nonsubmetered master metered multifamily property" means an
apartment, a leased or owner-occupied condominium, or one or more
buildings containing at least 10 dwellings that receive electric
utility service that is master metered but not submetered.
Sec. 17.202. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR
NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) A retail
electric provider or a vertically integrated electric utility, not
including a municipally owned utility or an electric cooperative,
in an area where customer choice has not been introduced shall send
a written notice of service disconnection to a municipality before
the retail electric provider or vertically integrated electric
utility disconnects service to a nonsubmetered master metered
multifamily property for nonpayment if:
(1) the property is located in the municipality; and
(2) the municipality establishes an authorized
representative to receive the notice as described by Section
17.203(c).
(b) The retail electric provider or vertically integrated
electric utility in an area where customer choice has not been
introduced shall send the notice required by this section not later
than the 10th day before the date electric service is scheduled for
disconnection.
Sec. 17.203. ADDITIONAL SAFEGUARDS. (a) The customer
safeguards provided by this subchapter are in addition to
safeguards provided by other law or agency rules.
(b) This subchapter does not prohibit a municipality or the
commission from adopting customer safeguards that exceed the
safeguards provided by this chapter.
(c) The commission by rule shall develop a mechanism by
which a municipality may provide the commission with the contact
information of the municipality's authorized representative to
whom the notice required by Section 17.202 must be sent. The
commission shall make the contact information available to the
public.
SECTION 3. Chapter 104, Utilities Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION
Sec. 104.351. DEFINITIONS. In this subchapter:
(1) "Customer" means any person in whose name gas
utility service is billed, including individuals, governmental
units at all levels of government, corporate entities, and any
other entity with legal capacity to be billed for gas service.
(2) "Gas utility" has the meaning assigned by Section
181.021 but does not include a municipally owned utility or gas
utility owned by an electric cooperative.
(3) "Nonsubmetered master metered multifamily
property" means an apartment, a leased or owner-occupied
condominium, or one or more buildings containing at least 10
dwellings that receive gas utility service that is master metered
but not submetered.
Sec. 104.352. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR
NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) A gas
utility shall send a written notice of service disconnection to a
municipality before the gas utility disconnects service to a
nonsubmetered master metered multifamily property for nonpayment
if:
(1) the property is located in the municipality; and
(2) the municipality establishes an authorized
representative to receive the notice as described by Section
104.353(c).
(b) The gas utility shall send the notice required by this
section not later than the 10th day before the date gas utility
service is scheduled for disconnection.
Sec. 104.353. ADDITIONAL SAFEGUARDS. (a) The customer
safeguards provided by this subchapter are in addition to
safeguards provided by other law or agency rules.
(b) This subchapter does not prohibit a municipality or the
regulatory authority from adopting customer safeguards that exceed
the safeguards provided by this chapter.
(c) The regulatory authority by rule shall develop a
mechanism by which a municipality may provide the regulatory
authority with the contact information of the municipality's
authorized representative to whom the notice required by Section
104.352 must be sent. The regulatory authority shall make the
contact information available to the public.
SECTION 4. The change in law made by this Act applies only
in regard to disconnection of service for nonpayment of a utility
bill issued for a billing period that begins on or after the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2013.