| 1 | 1 | | 89R4122 SCR-F |
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| 2 | 2 | | By: Thompson H.B. No. 5145 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the sharing and protection of certain utility |
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| 10 | 10 | | proprietary customer information. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 17, Utilities Code, is |
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| 13 | 13 | | amended by adding Section 17.011 to read as follows: |
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| 14 | 14 | | Sec. 17.011. SHARING PROPRIETARY CUSTOMER INFORMATION. (a) |
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| 15 | 15 | | In this section, "proprietary customer information" means any |
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| 16 | 16 | | identifying information compiled by a retail electric provider |
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| 17 | 17 | | about an individual customer that may be used for communication |
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| 18 | 18 | | regarding emergencies, billing, or service-related matters, |
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| 19 | 19 | | including the customer's: |
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| 20 | 20 | | (1) name; |
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| 21 | 21 | | (2) telephone number; |
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| 22 | 22 | | (3) e-mail address; or |
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| 23 | 23 | | (4) home address. |
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| 24 | 24 | | (b) An electric utility providing electric delivery |
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| 25 | 25 | | services for a retail electric provider may request from the retail |
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| 26 | 26 | | electric provider any proprietary customer information reasonably |
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| 27 | 27 | | necessary for the electric utility to communicate with a customer |
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| 28 | 28 | | regarding an emergency affecting service, an interruption of |
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| 29 | 29 | | service, or restoration of service. The retail electric provider |
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| 30 | 30 | | shall provide to the electric utility the proprietary customer |
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| 31 | 31 | | information not later than 48 hours after the request is made. The |
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| 32 | 32 | | retail electric provider is not required to obtain a prior |
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| 33 | 33 | | verifiable authorization from the customer before complying with |
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| 34 | 34 | | this subsection. |
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| 35 | 35 | | (c) Notwithstanding Section 39.157(d)(4), an electric |
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| 36 | 36 | | utility may provide the proprietary customer information to another |
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| 37 | 37 | | person without prior verifiable authorization from the customer as |
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| 38 | 38 | | necessary for communication with the customer regarding an |
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| 39 | 39 | | emergency affecting service, an interruption of service, or |
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| 40 | 40 | | restoration of service. |
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| 41 | 41 | | (d) An electric utility or another person who obtains |
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| 42 | 42 | | proprietary customer information under this section: |
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| 43 | 43 | | (1) shall, for purposes of protecting the |
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| 44 | 44 | | confidentiality, integrity, and accessibility of the information, |
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| 45 | 45 | | establish, implement, and maintain reasonable administrative, |
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| 46 | 46 | | technical, and physical data security practices that are |
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| 47 | 47 | | appropriate to the volume and nature of the information at issue, |
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| 48 | 48 | | including encryption and secure data storage; and |
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| 49 | 49 | | (2) may not retain the information for longer than |
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| 50 | 50 | | reasonably necessary to communicate with the customer regarding an |
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| 51 | 51 | | emergency affecting service, an interruption of service, or |
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| 52 | 52 | | restoration of service. |
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| 53 | 53 | | (e) Except as provided by Subsection (f), Subchapter B, |
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| 54 | 54 | | Chapter 15, does not apply to a violation of this section. |
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| 55 | 55 | | (f) Section 15.021 applies to a violation of this section. |
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| 56 | 56 | | (g) This section does not affect the application of Chapter |
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| 57 | 57 | | 541, Business & Commerce Code, to a person that is not an electric |
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| 58 | 58 | | utility or a retail electric provider. |
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| 59 | 59 | | SECTION 2. This Act takes effect September 1, 2025. |
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