| 1 | 1 | | By: Phelan H.B. No. 2212 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the registration and regulation of customer choice |
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| 7 | 7 | | consultants by the Public Utility Commission of Texas. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter H, Chapter 39, Utilities Code, is |
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| 10 | 10 | | amended by adding Section 39.3555 to read as follows: |
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| 11 | 11 | | Sec. 39.3555 REGISTRATION OF RESIDENTIAL CUSTOMER CHOICE |
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| 12 | 12 | | CONSULTANTS. |
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| 13 | 13 | | (a) In this section, "residential electric customer |
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| 14 | 14 | | consulting" means acting for profit on behalf of a residential |
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| 15 | 15 | | retail customer to enroll the customer and manage on behalf of the |
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| 16 | 16 | | customer the customer service plan with a retail electric provider. |
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| 17 | 17 | | The term does not include: |
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| 18 | 18 | | (1) Assisting a customer to select a retail electric |
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| 19 | 19 | | provider without enrolling the customer and managing the customer |
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| 20 | 20 | | service plan on behalf of the customer. |
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| 21 | 21 | | (2) Performing the services of an aggregator under |
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| 22 | 22 | | Section 39.353. |
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| 23 | 23 | | (b) A person may not provide electric customer consulting |
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| 24 | 24 | | services unless the person is registered with the commission as a |
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| 25 | 25 | | residential customer choice consultant. |
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| 26 | 26 | | (c) A residential customer choice consultant may not: |
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| 27 | 27 | | (1) Sell or take title to electricity; or |
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| 28 | 28 | | (2) Be affiliated with a retail electric provider. |
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| 29 | 29 | | (d) A retail electric provider may not refuse to provide |
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| 30 | 30 | | retail electric service to a retail customer because the customer |
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| 31 | 31 | | uses a residential consumer choice consultant. |
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| 32 | 32 | | (e) The commission shall approve or deny an application for |
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| 33 | 33 | | registration as a residential customer choice consultant not later |
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| 34 | 34 | | than the 60th day after the date the commission receives the |
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| 35 | 35 | | application. |
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| 36 | 36 | | (f) The commission shall adopt rules as necessary to |
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| 37 | 37 | | implement this section and to ensure the reliability and integrity |
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| 38 | 38 | | of residential customer choice consultants, including: |
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| 39 | 39 | | (1) Consumer protection requirements; |
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| 40 | 40 | | (2) Disclosure requirement; and |
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| 41 | 41 | | (3) Marketing guidelines |
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| 42 | 42 | | SECTION 2. The Public Utility Commission shall adopt rules |
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| 43 | 43 | | required by Section 39.3555, Utilities Code, as added by this Act, |
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| 44 | 44 | | not later than January 1, 2020. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2019. |
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