By: Anchia H.B. No. 4557
A BILL TO BE ENTITLED
AN ACT
relating to customer disclaimers by billing utilities and the
creation of a statewide alert system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.152, Utilities Code, is amended by
adding Subdivision (3) and adding Subsection (d) to read as
follows:
(c) A billing utility may not:
(1) disconnect or terminate telecommunications or
electric service to any customer for nonpayment of an unauthorized
charge; [or]
(2) file an unfavorable credit report against a
customer who has not paid charges the customer has alleged were
unauthorized unless the dispute regarding the unauthorized charge
is ultimately resolved against the customer, except that the
customer shall remain obligated to pay any charges that are not in
dispute, and this subsection does not apply to those undisputed
charges[.]; or
(3) charge a customer's telephone or retail electric
bill a fee for any amount directly or indirectly related to a power
outage due to a mechanical failure incurred by the billing utility.
(d) If a customer's telephone or retail electric bill is
charged a fee for any amount directly or indirectly related to a
power outage, the billing utility must provide the customer written
notice of such charge. A notice under this subsection must be:
(1) referred to as "BLACKOUT FEES";
(2) printed on the first page of the customer's bill;
and
(3) in type that is at least 10-point font, boldfaced,
capitalized, underlined, and otherwise set out from surrounding
written material so as to be conspicuous with other information on
the customer's bill.
SECTION 2. Subchapter A, Chapter 418, Government Code, is
amended by adding Subchapter J to read as follows:
SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM
Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The
division, with the cooperation of the office of the governor, the
commission, and ERCOT, shall develop and implement a statewide
disaster alert system to activate in the event of a disaster
affecting any location in this state.
Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the
division determines a disaster has occurred or the occurrence or
threat of disaster is imminent or is notified of a declaration of
disaster under this chapter, the division shall immediately
activate any alert system implemented under this subchapter. A
participating local governmental entity shall, in coordination
with the division, choose the manner in which the alert system is
activated and notifications are issued within the entity's
geographic region.
(b) The division, or local governmental entity, as
appropriate, may issue updated notifications for the duration of
the disaster.
Sec. 418.306. RULES. (a) The division may adopt rules
necessary to implement this subchapter. (b) The division may
consult with the commission, ERCOT, or an electric utility when
drafting the rules required by subsection (a).
SECTION 3. This Act takes effect September 1, 2021.