83R4771 RWG-F
By: Davis S.B. No. 815
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. Chapter 17, Utilities Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION
Sec. 17.201. DEFINITIONS. In this subchapter:
(1) "Customer" means a person who receives electricity
or gas service from a utility, including a landlord, premises
owner, and property manager.
(2) "Electric service provider" includes:
(A) an electric utility, as defined by Section
31.002;
(B) a retail electric provider;
(C) an electric cooperative; and
(D) a municipally owned utility.
(3) "Gas utility" has the meaning assigned by Section
181.021.
(4) "Nonsubmetered master metered 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.
Sec. 17.202. NOTICE OF DISCONNECTION TO NONSUBMETERED
MASTER METERED MULTIFAMILY PROPERTY CUSTOMERS, MUNICIPALITIES, AND
TENANTS. (a) An electric service provider or a gas utility may not
disconnect service to a nonsubmetered master metered property for
nonpayment for services unless the electric service provider or gas
utility sends a written notice of service disconnection to a
customer and, if the property is located in a municipality, to the
governing body of that municipality not later than the 30th day
before the date the electric service provider or gas utility, as
applicable, disconnects the electric or gas service.
(b) A customer shall provide written notice of a service
disconnection to each tenant or owner at a nonsubmetered master
metered property not later than the fifth day after the date the
customer receives a notice of service disconnection from an
electric service provider or gas utility. A customer must provide
the notice by mail to the tenant or owner's preferred mailing
address. The written notice must state the service to be
disconnected, the date and reason for the disconnection, the
customer's contact information, and the tenant's remedies under
Section 92.301, Property Code.
(c) If the property is located in a municipality, the
customer shall provide the notice described by Subsection (b) to
the governing body of that municipality by certified mail. The
notice must include the following text:
"Notice to residents of [name and address of nonsubmetered
master metered property]: Electric service to this property is
scheduled for disconnection on [date] because [reason for
disconnection]."
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 Subsection (b).
Sec. 17.203. ADDITIONAL SAFEGUARDS. (a) The customer
safeguards provided by this subchapter are in addition to
safeguards provided by other law or commission rules.
(b) This subchapter does not prohibit a municipality, an
electric cooperative, or the commission from adopting customer
safeguards that exceed the safeguards provided by this chapter.
SECTION 2. 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 3. This Act takes effect September 1, 2013.