| 1 | 1 | | 85R12399 GRM-F |
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| 2 | 2 | | By: King of Hemphill H.B. No. 3656 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authority of an electric utility customer to choose not |
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| 8 | 8 | | to have an advanced meter. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 38, Utilities Code, is amended by adding |
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| 11 | 11 | | Subchapter F to read as follows: |
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| 12 | 12 | | SUBCHAPTER F. CONSUMER PROTECTIONS |
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| 13 | 13 | | Sec. 38.151. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Advanced meter" means a digital, radio frequency |
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| 15 | 15 | | emitting electric utility meter. |
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| 16 | 16 | | (2) "Traditional meter" means a non-standard, |
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| 17 | 17 | | non-transmitting electromechanical analog meter. |
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| 18 | 18 | | Sec. 38.152. RIGHT TO DECLINE INSTALLATION OF ADVANCED |
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| 19 | 19 | | METER. (a) An electric utility shall send to each retail electric |
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| 20 | 20 | | service customer for whom installation of an advanced meter is |
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| 21 | 21 | | scheduled a notice to inform the customer that the property owner, |
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| 22 | 22 | | or the customer with the consent of the property owner, may decline |
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| 23 | 23 | | to have the advanced meter installed and of the manner in which the |
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| 24 | 24 | | property owner or the customer may decline the installation. The |
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| 25 | 25 | | notice must be included in a customer's monthly bill. |
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| 26 | 26 | | (b) If a property owner, or a customer with the consent of |
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| 27 | 27 | | the property owner, notifies the electric utility that the property |
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| 28 | 28 | | owner or the customer declines to have the advanced meter |
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| 29 | 29 | | installed, the electric utility: |
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| 30 | 30 | | (1) may not install the advanced meter; |
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| 31 | 31 | | (2) may not charge the customer or property owner for |
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| 32 | 32 | | declining installation; and |
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| 33 | 33 | | (3) may not charge the customer or property owner for |
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| 34 | 34 | | costs associated with traditional metering services. |
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| 35 | 35 | | (c) In addition to any other manner for declining the |
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| 36 | 36 | | installation of an advanced meter as provided by the notice mailed |
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| 37 | 37 | | under Subsection (a), the property owner, or the customer with the |
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| 38 | 38 | | consent of the owner, may decline the installation by: |
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| 39 | 39 | | (1) posting a sign on the current traditional meter |
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| 40 | 40 | | forbidding installation of an advanced meter; or |
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| 41 | 41 | | (2) verbally informing a utility worker at the time of |
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| 42 | 42 | | installation of the intent to decline the installation of the |
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| 43 | 43 | | advanced meter. |
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| 44 | 44 | | Sec. 38.153. RIGHT TO REQUEST REMOVAL OF ADVANCED METER. |
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| 45 | 45 | | (a) An electric utility that has deployed advanced meters shall |
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| 46 | 46 | | include in the monthly bill for each retail electric service |
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| 47 | 47 | | customer that is using an installed advanced meter a notice to |
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| 48 | 48 | | inform the customer that the property owner, or the customer with |
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| 49 | 49 | | the consent of the property owner, may request to have the advanced |
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| 50 | 50 | | meter removed and replaced with a traditional meter and of the |
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| 51 | 51 | | manner in which the property owner, or the customer with the consent |
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| 52 | 52 | | of the property owner, may request the removal and replacement. |
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| 53 | 53 | | (b) If a property owner, or a customer with the consent of |
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| 54 | 54 | | the property owner, requests to have the advanced meter removed and |
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| 55 | 55 | | replaced with a traditional meter, the electric utility: |
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| 56 | 56 | | (1) may charge the property owner or customer a |
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| 57 | 57 | | one-time fee for the installation of the traditional meter; |
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| 58 | 58 | | (2) may assess the nonbypassable surcharge authorized |
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| 59 | 59 | | by Section 39.107(h) to offset the costs incurred for meter |
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| 60 | 60 | | replacement and reading; |
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| 61 | 61 | | (3) may estimate customer bills for three consecutive |
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| 62 | 62 | | months with a meter reading conducted by the customer or utility |
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| 63 | 63 | | every four months; |
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| 64 | 64 | | (4) may allow the customer to read the meter and report |
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| 65 | 65 | | monthly utility usage; |
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| 66 | 66 | | (5) shall consider the customer's reported meter |
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| 67 | 67 | | reading as valid for billing purposes; |
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| 68 | 68 | | (6) may not charge monthly meter reading fees to the |
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| 69 | 69 | | customer; |
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| 70 | 70 | | (7) shall read the customer's meter not less |
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| 71 | 71 | | frequently than annually; |
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| 72 | 72 | | (8) shall bill the customer after each reading for any |
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| 73 | 73 | | underbilling or credit the customer for any overbilling that |
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| 74 | 74 | | results from estimated billing; and |
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| 75 | 75 | | (9) may not deny the customer access to the |
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| 76 | 76 | | traditional meter. |
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| 77 | 77 | | (c) The fee described by Subsection (b)(1) must be payable |
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| 78 | 78 | | by the customer in equal monthly installments billed together with |
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| 79 | 79 | | the customer's bill for utility service over a period of not less |
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| 80 | 80 | | than one year. The total fee may not exceed $120 and the |
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| 81 | 81 | | installments may not exceed $10 except that the fee for a low-income |
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| 82 | 82 | | customer may not exceed $60 and the installments may not exceed $5. |
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| 83 | 83 | | SECTION 2. This Act takes effect September 1, 2017. |
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