By: Menéndez S.B. No. 668
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain government operated
utility customer information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 552, Government Code is
amended by adding new Section 552.161 to read as follows:
Sec. 552.161. EXCEPTION: CONFIDENTIALITY OF CERTAIN
GOVERNMENT OPERATED UTILITY CUSTOMER INFORMATION. (a) In this
section:
(1) "Advanced metering system" means any metering
system that collects periodic data at regular intervals through the
use of an automated wireless or radio network.
(2) "Government-operated utility" has the meaning
assigned by Section 182.051(3), Utilities Code.
(b) Information is excepted from the requirements of
Section 552.021, Government Code, if it is information maintained
by a government-operated utility that:
(1) discloses whether services have been discontinued
or are eligible for disconnection by the government-operated
utility; or
(2) is collected as part of an advanced metering
system for usage, services, and billing, including, amounts billed
or collected for utility usage, except that all such information is
to be made available to that customer or their designated
representative.
(c) The exception to public disclosure created by this
section is in addition to any exception created by Section 552.101,
Government Code, including information made confidential by law
pursuant to Section 182.052, Utilities Code. Public access to
customer billing information covered by 552.101, Government Code,
is denied to the extent provided by that section.
SECTION 2. Section 182.052(a), (b), (c), and (d), Utilities
Code, is amended to read as follows:
(a) Except as provided by Section 182.054, a
government-operated utility may not disclose personal information
in a customer's account record, or any information relating to the
volume or units of utility usage or the amounts billed to or
collected from the individual for utility usage, unlessif the
customer requests that the government-operated utility disclose
such informationkeep the information confidential. However, a
government-operated utility may disclose information related to
the customer's volume or units of utility usage per billing cycleor
amounts billed to or collected from the individual for utility
usage if the primary source of water for such utility was a
sole-source designated aquifer.
(b) A customer may request disclosure of the information
under Subsection (a)confidentiality by delivering to the
government-operated utility an appropriately marked form provided
under Subsection (c)(3) or any other written request for disclosure
confidentiality.
(c) A government-operated utility shall include with a bill
sent to each customer or on its website:
(1) a notice of the customer's right to request
disclosureconfidentiality under this subchapter; and
(2) a statement of the amount of any fee applicable to
the request; and
(3) (2) a form by which the customer may request
disclosureconfidentiality by marking an appropriate box on the
form and returning it to the government-operated utility by mail or
electronically.
(d) A customer may rescind a request for disclosure
confidentiality by providing the government-operated utility
written request to treat suchpermission to disclose personal
information as confidential from and after the date the
government-operated utility receives such written request.
SECTION 3. Section 182.053, Utilities Code, is repealed.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1,2021.