By: Phelan H.B. No. 2212
A BILL TO BE ENTITLED
AN ACT
relating to the registration and regulation of customer choice
consultants by the Public Utility Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 39, Utilities Code, is
amended by adding Section 39.3555 to read as follows:
Sec. 39.3555 REGISTRATION OF RESIDENTIAL CUSTOMER CHOICE
CONSULTANTS.
(a) In this section, "residential electric customer
consulting" means acting for profit on behalf of a residential
retail customer to enroll the customer and manage on behalf of the
customer the customer service plan with a retail electric provider.
The term does not include:
(1) Assisting a customer to select a retail electric
provider without enrolling the customer and managing the customer
service plan on behalf of the customer.
(2) Performing the services of an aggregator under
Section 39.353.
(b) A person may not provide electric customer consulting
services unless the person is registered with the commission as a
residential customer choice consultant.
(c) A residential customer choice consultant may not:
(1) Sell or take title to electricity; or
(2) Be affiliated with a retail electric provider.
(d) A retail electric provider may not refuse to provide
retail electric service to a retail customer because the customer
uses a residential consumer choice consultant.
(e) The commission shall approve or deny an application for
registration as a residential customer choice consultant not later
than the 60th day after the date the commission receives the
application.
(f) The commission shall adopt rules as necessary to
implement this section and to ensure the reliability and integrity
of residential customer choice consultants, including:
(1) Consumer protection requirements;
(2) Disclosure requirement; and
(3) Marketing guidelines
SECTION 2. The Public Utility Commission shall adopt rules
required by Section 39.3555, Utilities Code, as added by this Act,
not later than January 1, 2020.
SECTION 3. This Act takes effect September 1, 2019.