84R10843 DDT-D
By: Hall S.B. No. 1044
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a customer to choose not to have an
advanced meter and to liability for damages caused by an advanced
meter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.107, Utilities Code, is amended by
adding Subsections (l), (m), (n), and (o) to read as follows:
(l) An electric utility or transmission and distribution
utility that receives from the commission approval of the utility's
plan for deploying advanced meters that transmit data using
wireless technology is civilly liable to a customer for damages for
invasion of the customer's personal privacy, including any economic
damages caused by the loss, misuse, or theft of information about
the customer that was acquired by use of an advanced meter.
(m) An electric utility or transmission and distribution
utility that receives from the commission approval of the utility's
plan for deploying advanced meters shall send by mail to each
customer scheduled to receive an advanced meter under the plan 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 installation. If, not later than the 30th day after the
date the customer receives the notice, the customer declines to
have the advanced meter installed, the utility:
(1) may not install the meter;
(2) may not charge the customer a fee for declining
installation or the nonbypassable surcharge otherwise authorized
by Subsection (h); and
(3) may not charge the customer a fee for costs
associated with traditional metering services.
(n) An electric utility or transmission and distribution
utility that has deployed advanced meters under a plan approved by
the commission shall send by mail to each customer that is using an
installed advanced meter a notice to inform the customer that the
customer may choose to have the meter removed and replaced with a
conventional meter and of the manner in which the customer may
choose removal and replacement. If the customer chooses to remove
the advanced meter, the utility:
(1) must remove the advanced meter;
(2) may not charge the customer a fee for removing or
replacing the meter or the nonbypassable surcharge described by
Subsection (h); and
(3) may not charge the customer a fee for costs
associated with traditional metering services.
(o) A customer who chooses not to use an advanced meter and
the electric utility or transmission and distribution utility that
provides service to the customer may agree that the customer will
self-report meter data by telephone or electronic mail in place of
traditional metering services.
SECTION 2. This Act takes effect September 1, 2015.