85R12399 GRM-F
By: King of Hemphill H.B. No. 3656
A BILL TO BE ENTITLED
AN ACT
relating to authority of an electric utility customer to choose not
to have an advanced meter.
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. DEFINITIONS. In this subchapter:
(1) "Advanced meter" means a digital, radio frequency
emitting electric utility meter.
(2) "Traditional meter" means a non-standard,
non-transmitting electromechanical analog meter.
Sec. 38.152. RIGHT TO DECLINE INSTALLATION OF ADVANCED
METER. (a) An electric utility shall send to each retail electric
service customer for whom installation of an advanced meter is
scheduled a notice to inform the customer that the property owner,
or the customer with the consent of the property owner, may decline
to have the advanced meter installed and of the manner in which the
property owner or the customer may decline the installation. The
notice must be included in a customer's monthly bill.
(b) If a property owner, or a customer with the consent of
the property owner, notifies the electric utility that the property
owner or the customer declines to have the advanced meter
installed, the electric utility:
(1) may not install the advanced meter;
(2) may not charge the customer or property owner for
declining installation; and
(3) may not charge the customer or property owner for
costs associated with traditional metering services.
(c) In addition to any other manner for declining the
installation of an advanced meter as provided by the notice mailed
under Subsection (a), the property owner, or the customer with the
consent of the owner, may decline the installation by:
(1) posting a sign on the current traditional meter
forbidding installation of an advanced meter; or
(2) verbally informing a utility worker at the time of
installation of the intent to decline the installation of the
advanced meter.
Sec. 38.153. RIGHT TO REQUEST REMOVAL OF ADVANCED METER.
(a) An electric utility that has deployed advanced meters shall
include in the monthly bill for each retail electric service
customer that is using an installed advanced meter a notice to
inform the customer that the property owner, or the customer with
the consent of the property owner, may request to have the advanced
meter removed and replaced with a traditional meter and of the
manner in which the property owner, or the customer with the consent
of the property owner, may request the removal and replacement.
(b) If a property owner, or a customer with the consent of
the property owner, requests to have the advanced meter removed and
replaced with a traditional meter, the electric utility:
(1) may charge the property owner or customer a
one-time fee for the installation of the traditional meter;
(2) may assess the nonbypassable surcharge authorized
by Section 39.107(h) to offset the costs incurred for meter
replacement and reading;
(3) may estimate customer bills for three consecutive
months with a meter reading conducted by the customer or utility
every four months;
(4) may allow the customer to read the meter and report
monthly utility usage;
(5) shall consider the customer's reported meter
reading as valid for billing purposes;
(6) may not charge monthly meter reading fees to the
customer;
(7) shall read the customer's meter not less
frequently than annually;
(8) shall bill the customer after each reading for any
underbilling or credit the customer for any overbilling that
results from estimated billing; and
(9) may not deny the customer access to the
traditional meter.
(c) The fee described by Subsection (b)(1) must be payable
by the customer in equal monthly installments billed together with
the customer's bill for utility service over a period of not less
than one year. The total fee may not exceed $120 and the
installments may not exceed $10 except that the fee for a low-income
customer may not exceed $60 and the installments may not exceed $5.
SECTION 2. This Act takes effect September 1, 2017.