84R10510 DDT-D By: Vo H.B. No. 2563 A BILL TO BE ENTITLED AN ACT relating to persons who solicit customers on behalf of a retail electric provider; adding provisions subject to a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 17, Utilities Code, is amended by adding Section 17.0041 to read as follows: Sec. 17.0041. RETAIL ELECTRIC PROVIDER SALES REPRESENTATIVES. (a) A retail electric provider may pay a commission or other form of remuneration to a person for soliciting potential customers on behalf of the retail electric provider or for otherwise representing the provider in a sales capacity only if the retail electric provider finds that the person complied with the commission's customer protection standards in acting on behalf of the retail electric provider. A person who receives a payment of a commission or other form of remuneration from a retail electric provider for actions taken by the person to solicit potential customers or to otherwise represent the retail electric provider in a sales capacity is considered an agent of the retail electric provider for purposes of enforcing commission rules regarding customer protection standards. (b) A retail electric provider shall annually file a report with the commission that lists the name of each person to whom the provider has paid a commission or other remuneration for customer referral or for sales. (c) The commission shall compile a list of the information provided under Subsection (b) and make the list available to the public on the commission's Internet website. SECTION 2. The change in law made by this Act applies only to a customer referral or sale for which a customer enters into a contract with a retail electric provider on or after the effective date of this Act. A customer referral or sale in which a customer entered into a contract with a retail electric provider before the effective date of this Act is governed by the law in effect at that time, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2015.