S.B. No. 885 AN ACT relating to notice of utility rate increases. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 104.103, Utilities Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) Instead of publishing newspaper notice, a gas utility may provide notice [to the public in an area outside the affected municipality or in a municipality with a population of less than 2,500] by: (1) mailing the notice by United States mail, postage prepaid, to the billing address of each directly affected customer; [or] (2) including the notice, in conspicuous form, in the bill of each directly affected customer; or (3) sending the notice by e-mail to each directly affected customer if that address is available to the utility. (c) A gas utility may provide a customer with notice of the utility's intent to increase rates by e-mail as described by Subsection (b)(3) only if the customer has consented in writing to the use of the customer's e-mail address for that purpose. SECTION 2. The change in law made by this Act applies only to a notice of a proposed utility rate increase provided on or after the effective date of this Act. Notice provided before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2013. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 885 passed the Senate on March 27, 2013, by the following vote: Yeas 30, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 885 passed the House on May 2, 2013, by the following vote: Yeas 147, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor