| 1 | 1 | | By: Menéndez S.B. No. 668 |
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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 the confidentiality of certain government operated |
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| 7 | 7 | | utility customer information. |
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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. Subchapter C, Chapter 552, Government Code is |
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| 10 | 10 | | amended by adding new Section 552.161 to read as follows: |
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| 11 | 11 | | Sec. 552.161. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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| 12 | 12 | | GOVERNMENT OPERATED UTILITY CUSTOMER INFORMATION. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Advanced metering system" means any metering |
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| 15 | 15 | | system that collects periodic data at regular intervals through the |
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| 16 | 16 | | use of an automated wireless or radio network. |
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| 17 | 17 | | (2) "Government-operated utility" has the meaning |
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| 18 | 18 | | assigned by Section 182.051(3), Utilities Code. |
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| 19 | 19 | | (b) Information is excepted from the requirements of |
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| 20 | 20 | | Section 552.021, Government Code, if it is information maintained |
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| 21 | 21 | | by a government-operated utility that: |
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| 22 | 22 | | (1) discloses whether services have been discontinued |
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| 23 | 23 | | or are eligible for disconnection by the government-operated |
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| 24 | 24 | | utility; or |
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| 25 | 25 | | (2) is collected as part of an advanced metering |
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| 26 | 26 | | system for usage, services, and billing, including, amounts billed |
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| 27 | 27 | | or collected for utility usage, except that all such information is |
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| 28 | 28 | | to be made available to that customer or their designated |
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| 29 | 29 | | representative. |
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| 30 | 30 | | (c) The exception to public disclosure created by this |
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| 31 | 31 | | section is in addition to any exception created by Section 552.101, |
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| 32 | 32 | | Government Code, including information made confidential by law |
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| 33 | 33 | | pursuant to Section 182.052, Utilities Code. Public access to |
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| 34 | 34 | | customer billing information covered by 552.101, Government Code, |
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| 35 | 35 | | is denied to the extent provided by that section. |
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| 36 | 36 | | SECTION 2. Section 182.052(a), (b), (c), and (d), Utilities |
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| 37 | 37 | | Code, is amended to read as follows: |
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| 38 | 38 | | (a) Except as provided by Section 182.054, a |
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| 39 | 39 | | government-operated utility may not disclose personal information |
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| 40 | 40 | | in a customer's account record, or any information relating to the |
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| 41 | 41 | | volume or units of utility usage or the amounts billed to or |
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| 42 | 42 | | collected from the individual for utility usage, unlessif the |
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| 43 | 43 | | customer requests that the government-operated utility disclose |
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| 44 | 44 | | such informationkeep the information confidential. However, a |
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| 45 | 45 | | government-operated utility may disclose information related to |
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| 46 | 46 | | the customer's volume or units of utility usage per billing cycleor |
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| 47 | 47 | | amounts billed to or collected from the individual for utility |
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| 48 | 48 | | usage if the primary source of water for such utility was a |
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| 49 | 49 | | sole-source designated aquifer. |
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| 50 | 50 | | (b) A customer may request disclosure of the information |
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| 51 | 51 | | under Subsection (a)confidentiality by delivering to the |
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| 52 | 52 | | government-operated utility an appropriately marked form provided |
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| 53 | 53 | | under Subsection (c)(3) or any other written request for disclosure |
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| 54 | 54 | | confidentiality. |
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| 55 | 55 | | (c) A government-operated utility shall include with a bill |
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| 56 | 56 | | sent to each customer or on its website: |
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| 57 | 57 | | (1) a notice of the customer's right to request |
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| 58 | 58 | | disclosureconfidentiality under this subchapter; and |
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| 59 | 59 | | (2) a statement of the amount of any fee applicable to |
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| 60 | 60 | | the request; and |
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| 61 | 61 | | (3) (2) a form by which the customer may request |
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| 62 | 62 | | disclosureconfidentiality by marking an appropriate box on the |
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| 63 | 63 | | form and returning it to the government-operated utility by mail or |
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| 64 | 64 | | electronically. |
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| 65 | 65 | | (d) A customer may rescind a request for disclosure |
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| 66 | 66 | | confidentiality by providing the government-operated utility |
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| 67 | 67 | | written request to treat suchpermission to disclose personal |
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| 68 | 68 | | information as confidential from and after the date the |
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| 69 | 69 | | government-operated utility receives such written request. |
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| 70 | 70 | | SECTION 3. Section 182.053, Utilities Code, is repealed. |
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| 71 | 71 | | SECTION 4. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1,2021. |
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