By: Bonnen of Brazoria H.B. No. 3421
A BILL TO BE ENTITLED
AN ACT
relating to authority of an electric utility customer to choose not
to have an advanced meter; adding provisions subject to a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Utilities Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. CONSUMER PROTECTIONS
Sec. 38.151. RIGHT TO DECLINE OR REMOVE RADIO-EMITTING
ADVANCED METER. (a) An electric utility by mail shall send to each
retail electric service customer scheduled to receive an advanced
meter that emits radio waves a notice to inform the customer that
the customer may decline to have the meter installed and of the
manner in which the customer may decline the installation. The
notice may be included in a customer's monthly bill. The notice must
provide a period of at least 30 days after the date the customer is
expected to receive the notice during which the customer may notify
the electric utility of the customer's choice to decline the
installation of the meter.
(b) If a retail electric service customer notifies the
electric utility that the customer declines to have the advanced
meter installed during the period stated in the notice, the
electric utility:
(1) may not install the meter;
(2) may not charge the customer for declining
installation; and
(3) may not charge the customer for costs associated
with traditional metering services.
(c) An electric utility that has deployed advanced meters
that emit radio waves shall include in the monthly bill for each
retail electric service customer that is using an installed
advanced meter of that type a notice to inform the customer that the
customer may request to have the meter removed and replaced with a
conventional meter and of the manner in which the customer may
request the removal and replacement.
(d) If a retail electric service customer or the owner of
property where an advanced meter that emits radio waves is
installed for retail electric service requests to have the meter
removed, the electric utility:
(1) shall promptly remove the advanced meter and
replace it with a conventional meter;
(2) may not charge the customer or property owner for
removing or replacing the meter; and
(3) may not charge the customer or property owner
costs associated with traditional metering services.
SECTION 2. Section 39.107, Utilities Code, is amended by
adding Subsections (l), (m), (n), and (o) to read as follows:
(l) An electric utility by mail shall send to each retail
electric service customer scheduled to receive an advanced meter
that emits radio waves a notice to inform the customer that the
customer may decline to have the meter installed and of the manner
in which the customer may decline the installation. The notice may
be included in a customer's monthly bill. The notice must provide a
period of at least 30 days after the date the customer is expected
to receive the notice during which the customer may notify the
electric utility of the customer's choice to decline the
installation of the meter.
(m) If a retail electric service customer notifies the
electric utility that the customer declines to have the advanced
meter installed during the period stated in the notice, the
electric utility:
(1) may not install the meter;
(2) may not charge the customer for declining
installation or the nonbypassable surcharge otherwise au
thorized
by Subsection (h); and
(3) may not charge the customer for costs associated
with traditional metering services.
(n) An electric utility that has deployed advanced meters
that emit radio waves shall include in the monthly bill for each
retail electric service customer that is using an installed
advanced meter of that type a notice to inform the customer that the
customer may request to have the meter removed and replaced with a
conventional meter and of the manner in which the customer may
request the removal and replacement.
(o) If a retail electric service customer or the owner of
property where an advanced meter that emits radio waves is
installed for retail electric service requests to have the meter
removed, the electric utility:
(1) shall promptly remove the advanced meter and
replace it with a conventional meter;
(2) may not charge the customer or property owner for
removing or replacing the meter;
(3) may not charge the customer the nonbypassable
surcharge otherwise authorized by Subsection (h); and
(4) may not charge the customer or property owner
costs associated with traditional metering services.
SECTION 3. This Act takes effect September 1, 2015.