1 | 1 | | By: Anchia H.B. No. 4557 |
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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 customer disclaimers by billing utilities and the |
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7 | 7 | | creation of a statewide alert system. |
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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. Section 17.152, Utilities Code, is amended by |
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10 | 10 | | adding Subdivision (3) and adding Subsection (d) to read as |
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11 | 11 | | follows: |
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12 | 12 | | (c) A billing utility may not: |
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13 | 13 | | (1) disconnect or terminate telecommunications or |
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14 | 14 | | electric service to any customer for nonpayment of an unauthorized |
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15 | 15 | | charge; [or] |
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16 | 16 | | (2) file an unfavorable credit report against a |
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17 | 17 | | customer who has not paid charges the customer has alleged were |
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18 | 18 | | unauthorized unless the dispute regarding the unauthorized charge |
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19 | 19 | | is ultimately resolved against the customer, except that the |
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20 | 20 | | customer shall remain obligated to pay any charges that are not in |
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21 | 21 | | dispute, and this subsection does not apply to those undisputed |
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22 | 22 | | charges[.]; or |
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23 | 23 | | (3) charge a customer's telephone or retail electric |
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24 | 24 | | bill a fee for any amount directly or indirectly related to a power |
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25 | 25 | | outage due to a mechanical failure incurred by the billing utility. |
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26 | 26 | | (d) If a customer's telephone or retail electric bill is |
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27 | 27 | | charged a fee for any amount directly or indirectly related to a |
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28 | 28 | | power outage, the billing utility must provide the customer written |
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29 | 29 | | notice of such charge. A notice under this subsection must be: |
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30 | 30 | | (1) referred to as "BLACKOUT FEES"; |
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31 | 31 | | (2) printed on the first page of the customer's bill; |
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32 | 32 | | and |
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33 | 33 | | (3) in type that is at least 10-point font, boldfaced, |
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34 | 34 | | capitalized, underlined, and otherwise set out from surrounding |
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35 | 35 | | written material so as to be conspicuous with other information on |
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36 | 36 | | the customer's bill. |
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37 | 37 | | SECTION 2. Subchapter A, Chapter 418, Government Code, is |
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38 | 38 | | amended by adding Subchapter J to read as follows: |
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39 | 39 | | SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM |
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40 | 40 | | Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The |
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41 | 41 | | division, with the cooperation of the office of the governor, the |
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42 | 42 | | commission, and ERCOT, shall develop and implement a statewide |
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43 | 43 | | disaster alert system to activate in the event of a disaster |
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44 | 44 | | affecting any location in this state. |
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45 | 45 | | Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the |
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46 | 46 | | division determines a disaster has occurred or the occurrence or |
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47 | 47 | | threat of disaster is imminent or is notified of a declaration of |
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48 | 48 | | disaster under this chapter, the division shall immediately |
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49 | 49 | | activate any alert system implemented under this subchapter. A |
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50 | 50 | | participating local governmental entity shall, in coordination |
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51 | 51 | | with the division, choose the manner in which the alert system is |
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52 | 52 | | activated and notifications are issued within the entity's |
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53 | 53 | | geographic region. |
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54 | 54 | | (b) The division, or local governmental entity, as |
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55 | 55 | | appropriate, may issue updated notifications for the duration of |
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56 | 56 | | the disaster. |
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57 | 57 | | Sec. 418.306. RULES. (a) The division may adopt rules |
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58 | 58 | | necessary to implement this subchapter. (b) The division may |
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59 | 59 | | consult with the commission, ERCOT, or an electric utility when |
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60 | 60 | | drafting the rules required by subsection (a). |
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61 | 61 | | SECTION 3. This Act takes effect September 1, 2021. |
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