Texas 2015 - 84th Regular

Texas House Bill HB3421 Compare Versions

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1	1	By: Bonnen of Brazoria H.B. No. 3421
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to authority of an electric utility customer to choose not
7	7	to have an advanced meter; adding provisions subject to a criminal
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 38, Utilities Code, is amended by adding
11	11	Subchapter F to read as follows:
12	12	SUBCHAPTER F. CONSUMER PROTECTIONS
13	13	Sec. 38.151. RIGHT TO DECLINE OR REMOVE RADIO-EMITTING
14	14	ADVANCED METER. (a) An electric utility by mail shall send to each
15	15	retail electric service customer scheduled to receive an advanced
16	16	meter that emits radio waves a notice to inform the customer that
17	17	the customer may decline to have the meter installed and of the
18	18	manner in which the customer may decline the installation. The
19	19	notice may be included in a customer's monthly bill. The notice must
20	20	provide a period of at least 30 days after the date the customer is
21	21	expected to receive the notice during which the customer may notify
22	22	the electric utility of the customer's choice to decline the
23	23	installation of the meter.
24	24	(b) If a retail electric service customer notifies the
25	25	electric utility that the customer declines to have the advanced
26	26	meter installed during the period stated in the notice, the
27	27	electric utility:
28	28	(1) may not install the meter;
29	29	(2) may not charge the customer for declining
30	30	installation; and
31	31	(3) may not charge the customer for costs associated
32	32	with traditional metering services.
33	33	(c) An electric utility that has deployed advanced meters
34	34	that emit radio waves shall include in the monthly bill for each
35	35	retail electric service customer that is using an installed
36	36	advanced meter of that type a notice to inform the customer that the
37	37	customer may request to have the meter removed and replaced with a
38	38	conventional meter and of the manner in which the customer may
39	39	request the removal and replacement.
40	40	(d) If a retail electric service customer or the owner of
41	41	property where an advanced meter that emits radio waves is
42	42	installed for retail electric service requests to have the meter
43	43	removed, the electric utility:
44	44	(1) shall promptly remove the advanced meter and
45	45	replace it with a conventional meter;
46	46	(2) may not charge the customer or property owner for
47	47	removing or replacing the meter; and
48	48	(3) may not charge the customer or property owner
49	49	costs associated with traditional metering services.
50	50	SECTION 2. Section 39.107, Utilities Code, is amended by
51	51	adding Subsections (l), (m), (n), and (o) to read as follows:
52	52	(l) An electric utility by mail shall send to each retail
53	53	electric service customer scheduled to receive an advanced meter
54	54	that emits radio waves a notice to inform the customer that the
55	55	customer may decline to have the meter installed and of the manner
56	56	in which the customer may decline the installation. The notice may
57	57	be included in a customer's monthly bill. The notice must provide a
58	58	period of at least 30 days after the date the customer is expected
59	59	to receive the notice during which the customer may notify the
60	60	electric utility of the customer's choice to decline the
61	61	installation of the meter.
62	62	(m) If a retail electric service customer notifies the
63	63	electric utility that the customer declines to have the advanced
64	64	meter installed during the period stated in the notice, the
65	65	electric utility:
66	66	(1) may not install the meter;
67	67	(2) may not charge the customer for declining
68	68	installation or the nonbypassable surcharge otherwise au
69	69	thorized
70	70	by Subsection (h); and
71	71	(3) may not charge the customer for costs associated
72	72	with traditional metering services.
73	73	(n) An electric utility that has deployed advanced meters
74	74	that emit radio waves shall include in the monthly bill for each
75	75	retail electric service customer that is using an installed
76	76	advanced meter of that type a notice to inform the customer that the
77	77	customer may request to have the meter removed and replaced with a
78	78	conventional meter and of the manner in which the customer may
79	79	request the removal and replacement.
80	80	(o) If a retail electric service customer or the owner of
81	81	property where an advanced meter that emits radio waves is
82	82	installed for retail electric service requests to have the meter
83	83	removed, the electric utility:
84	84	(1) shall promptly remove the advanced meter and
85	85	replace it with a conventional meter;
86	86	(2) may not charge the customer or property owner for
87	87	removing or replacing the meter;
88	88	(3) may not charge the customer the nonbypassable
89	89	surcharge otherwise authorized by Subsection (h); and
90	90	(4) may not charge the customer or property owner
91	91	costs associated with traditional metering services.
92	92	SECTION 3. This Act takes effect September 1, 2015.