87R11399 CXP-D By: Longoria H.B. No. 3138 A BILL TO BE ENTITLED AN ACT relating to rate plans offered by retail electric providers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.101, Utilities Code, is amended by adding Subsection (b-1) to read as follows: (b-1) A retail electric provider may not enroll a customer in a rate plan that allows the provider to use a variable rate pricing structure after the expiration of a rate plan with a fixed-rate pricing structure without the customer's express consent. The consent must be given in a manner that indicates the customer understands that the customer is potentially enrolling in a variable rate plan. The retail electric provider shall provide notice that the plan includes variable rates in an easily readable font and type size. SECTION 2. This Act takes effect September 1, 2021.