HBA-DMD H.B. 1730 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1730
By: Danburg
State Affairs
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is a marked increase in retail competition in the
telecommunications services industry, resulting in an increase in reported
incidences of unfair or fraudulent business practices. There is also a
concern that there will be similar occurrences if the electric utility
industry is restructured to allow competition.  H.B. 1730 promotes public
awareness of changes in the telecommunications and electric utility markets
by requiring the Public Utility Commission of Texas (commission) to give
consumers information about rates, terms, services, and consumer rights in
Spanish, English, and any other language as necessary.  The bill also
establishes consumer protection standards and prohibits the unauthorized
switching of any telecommunications or electric service. The bill requires
the commission to adopt and enforce rules relating to certification,
registration, and reporting requirements for electric and
telecommunications utilities.  The bill authorizes the commission to
require telecommunications and electric utilities to submit reports on
anything over which the commission has jurisdiction.  The bill requires a
billing utility to maintain records concerning unauthorized charges and to
rectify an unauthorized charge within 45 days and authorizes the commission
to implement penalties and enforcement actions in order to enforce this Act
and to resolve disputes between consumers and telecommunications and
electric utilities.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Public Utility Commission of Texas
in SECTIONS 1 and 3 (Sections 11.002, 17.001, 17.003, 17.004, 17.051,
17.052, 17.102, Utilities Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.002, Utilities Code, by adding Subsection
(c), as follows: 

(c) Presents legislative findings.  Establishes that it is the purpose of
this title to grant the Public Utility Commission of Texas (commission) the
authority to make and enforce rules necessary to protect customers of
telecommunications and electric services consistent with the public
interest.  

SECTION 2.  Amends Section 15.024, Utilities Code, by deleting the text of
Subsection (c), which prohibits a penalty from being assessed against a
person who remedies the violation before the 31st day after the person
receives the notice of the report that includes a brief summary of the
alleged violation, the amount of the recommended penalty, and informs the
person of the right to a hearing on the violation.  Deletes text stating
that a person who claims to have remedied an alleged violation has the
burden of proving to the commission that the alleged violation was remedied
and was accidental or inadvertent.  Redesignates Subsections (d)-(g) to
Subsections (c)-(f), respectively. 

SECTION 3.  Amends Subtitle A, Title 2, Utilities Code, by adding Chapter
17, as follows: 

CHAPTER 17.  CUSTOMER PROTECTION

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 17.001.  CUSTOMER PROTECTION POLICY.  (a) Sets forth legislative
findings.  
 (b)  Sets forth that the purpose of this chapter is to establish customer
protection standards and to give the commission authority to adopt and
enforce rules to protect customers from unfair, deceptive, or
anti-competitive practices.  

(c)  Requires that nothing in this section be construed to reduce customer
rights that are set forth in commission rules in effect at the time of the
enactment of this chapter.  

(d)  Establishes that this chapter does not limit in any way the
constitutional, statutory, and common law authority of the Office of the
Attorney General of Texas (OAG).  

Sec. 17.002.  DEFINITIONS.  Defines "billing agent," "billing utility,"
"certified telecommunications utility," "customer," "electric utility,"
"service provider," and "telecommunications utility." 

Sec. 17.003.  CUSTOMER AWARENESS.  (a) Requires the commission to promote
public awareness of changes in the electric and telecommunications markets,
provide customers with information necessary to make informed choices about
available options, and ensure that customers have an adequate understanding
of their rights. 

(b) Requires the commission to compile a report at least yearly on customer
service that details comparative customer information from the reports that
are given to the commission, as it deems necessary. 

(c) Requires the commission to make and enforce rules requiring a certified
telecommunications or  electric utility (utility) to give clear, uniform,
and understandable information to customers about rates, terms, services,
customer rights, and other necessary information as determined by the
commission. 

(d) Requires that customer awareness efforts be conducted in English,
Spanish, and any other language as necessary. 

Sec. 17.004.  CUSTOMER PROTECTION STANDARDS. (a) Entitles all buyers of
telecommunications and electric services to: 

(1)  protection from fraudulent, unfair, misleading, deceptive, or
anti-competitive practices, and from being billed for services that were
not authorized or provided;  
(2)  a choice of a telecommunications service provider or an electric
utility, where such choice is permitted by law, and to have that choice
honored; 
(3)  information in English and Spanish and any other language as the
commission deems necessary concerning rates, key terms and conditions, and
the basis for any claim of environmental benefits of certain production
facilities; 
(4)  protection from discrimination on the basis of race, color, sex,
nationality, religion, or marital status; 
(5) impartial and prompt resolution of disputes with a utility and a
telecommunications service provider related to unauthorized charges and
switching of service; 
(6)  privacy of customer consumption and credit information;
(7)  accuracy of metering and billing;
(8)  bills presented in a clear, readable format and easy-to-understand
language; 
(9)  information in English and Spanish and any other language as the
commission deems necessary concerning low-income assistance programs and
deferred payment plans; and 
(10)  other information or protections necessary to ensure high-quality
service to customers.  

(b) Requires the commission to adopt and enforce rules as may be necessary
or appropriate to carry out this section, including but not limited to
rules for minimum service standards for a utility relating to customer
deposits and the extension of credit, switching fees, levelized billing
programs, and termination of service.  Authorizes the commission to waive
the language requirements for a good cause. 
 (c) Requires the commission to request comments from the OAG in developing
the rules that may be necessary or appropriate to carry out this section. 

(d) Requires the commission to coordinate its enforcement efforts regarding
the prosecution of fraudulent, misleading, and deceptive business practices
with the OAG in order to ensure consistent treatment of specified alleged
violations. 

(e) Requires nothing in this section to be construed to abridge customer
rights that are set forth in commission rules in effect at the time of the
enactment of this chapter. 

Sec. 17.005.  PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED UTILITIES.
Prohibits a municipally owned utility from being deemed a "service
provider" for the purposes of Section 17.156(b) and (e).  Requires a
governing body of a municipally owned utility to adopt, implement, and
enforce rules which are required to have the effect of accomplishing the
objectives set out in Section 17.004(a) and (b) and Section 17.102.
Requires a governing body of a municipally owned utility or its designate
to perform the dispute resolution function provided for by Section 17.157
for customers served within its certified service area. 

SUBCHAPTER B.  CERTIFICATION, REGISTRATION, 
AND REPORTING REQUIREMENTS

Sec. 17.051.  ADOPTION OF RULES.  (a) Requires the commission to adopt
rules relating to certification, registration, and reporting requirements
for a utility, as well as all telecommunications utilities that are not
dominant carriers, pay telephone providers, qualifying facilities, exempt
wholesale generators, and power marketers. 

(b) Requires the rules adopted under Subsection (a) to be consistent with
and no less effective than federal law and prohibits the rules from
requiring the disclosure of highlysensitive competitive or trade secret
information. 

Sec. 17.052.  SCOPE OF RULES.  Requires the commission to have the
authority to make and enforce rules to: 

(1)  require certification or registration with the commission as a
condition of conducting business in this state; 
(2)  amend certificates or registrations to reflect changed ownership and
control;  
(3)  establish rules for customer service and protection;
(4)  suspend or revoke certificates or registrations for repeated
violations of this chapter or commission rules; and 
(5)  order disconnection of a pay telephone service provider's pay
telephones or revocation of certification or registration for repeated
violations of this chapter or commission rules.  

Sec. 17.053.  REPORTS.  Authorizes the commission to require a
telecommunications service provider or an electric utility to submit
reports to the commission concerning any matter over which the commission
has authority under this chapter. 

SUBCHAPTER C.  CUSTOMER'S RIGHT TO CHOICE

Sec. 17.101.  POLICY.  Sets forth that it is the policy of this state that
all customers are protected from the unauthorized switching of a
telecommunications service provider or an electric utility selected by the
customer to provide service. 

Sec. 17.102.  RULES RELATING TO CHOICE.  Requires the commission to adopt
and enforce rules that:  

(1)  ensure that customers are protected from deceptive practices used to
obtain an authorization of service and in the verification of
provider-initiated change orders,  including but not limited to negative
option marketing, sweepstakes, and contests that cause customers to
unknowingly change their telecommunications service provider or electric
utility; 
(2)  provide for clear, easily understandable identification on the first
page of each non-electric bill sent to a customer of all telecommunications
service providers or electric utilities submitting charges on the bill; 
(3)  ensure that every service provider submitting charges on the bill is
clearly and easily identified on the bill along with its services,
products, and charges; 
(4)  require a telecommunications service provider or an electric utility
to maintain records of non-public customer-specific information that may be
used to establish that the customer authorized a change in service for 24
months; 
(5)  provide that unauthorized changes in service be remedied at no cost to
the customer within a period established by the commission; 
(6)  require refunds or credit with interest to the customer in the event
of an unauthorized change; and 
(7)  provide for penalties for violations of commission rules adopted under
this section, including but not limited to fines and revocation of
certificates or registrations, thereby denying the utility the right to
provide service in this state.  

SUBCHAPTER D.  PROTECTION AGAINST 
UNAUTHORIZED CHARGES

Sec. 17.151.  REQUIREMENTS FOR SUBMITTING CHARGES.  (a) Authorizes a
service provider or billing agent to submit charges for a product or
service to be billed on a customer's telephone or electric bill only if: 

(1)  the service provider offering the product or service has thoroughly
informed the customer of the product or service being offered, including
all associated charges, and has explicitly informed the customer that the
associated charges for the product or service will appear on the customer's
telephone or electric bill; 
(2)  the customer has clearly and explicitly consented to obtain the
product or service offered and to have the associated charges appear on the
customer's telephone or electric bill and the consent has been verified and
recorded as provided by Subsection (b); and 
(3)  the service provider offering the product or service and any billing
agent for the service provider: 
  (A)  has provided the customer with a toll-free telephone number the
customer may    call and an address to which the customer may write to
resolve any billing dispute    and to answer questions; and 
  (B)  has contracted  with the billing utility to bill for products and
services on the      billing utility's bill.  Requires the contract to be
maintained as provided by                Subsection  (c) and must include
the service provider's name, business address, and    business telephone
number.  

(b) Provides that the customer consent required by Subsection (a)(2) must
be verified by the person, corporation, or telecommunications or electric
utility offering the product or service by authorization from the customer
in the manner prescribed by the commission. Provides that a record of the
customer consent, including verification, must be maintained by the person,
corporation, or telecommunications or electric utility offering the product
or service and any billing agent for such person, corporation, or
telecommunications or electric utility for at least 24 months immediately
after the consent and verification have been obtained. 

(c) Requires the contract that is required by Subsection (a)(3)(B) to be
maintained by the billing utility for as long as the billing for such
products and services continues and for the 24 months immediately after the
permanent discontinuation of such billing. 

(d) Prohibits a service provider that is offering a product or service to
be charged on a customer's telephone or electric bill and any billing agent
for the service provider from  using any fraudulent, unfair, misleading,
deceptive, or anti-competitive marketing practice in order to obtain
customers, including the use of negative option marketing, sweepstakes, and
contests.   

(e) Sets forth that this section does not apply to customer initiated
transactions for which the service provider has appropriate documentation. 

Sec. 17.152.  RESPONSIBILITIES OF A BILLING UTILITY.  (a) Requires a
billing utility, upon its knowledge or being notified that an unauthorized
charge appeared on a customer's telephone or electric bill, to promptly but
not later than 45 days after notification or knowledge of such a charge: 

(1)  cease to charge the customer for such unauthorized product or service;
(2)  remove any unauthorized charge from the customer's bill;
(3)  refund or credit to the customer all money that has been paid by the
customer for any unauthorized charge; 
(4)  upon the customer's request, provide the customer with all billing
records under its control related to any unauthorized charge within 10
business days of the removal of the unauthorized charge from the customer's
bill; and 
(5)  maintain a record for at least 24 months of every customer who has
experienced any unauthorized charge for a product or service on the
customer's telephone or electric bill and who has notified the billing
utility of the unauthorized charge.  

(b) Requires a record that is required by Subsection (a)(5) to contain for
each unauthorized charge the name of the service provider that offered the
product or service, any affected telephone numbers or addresses, the date
the customer requested that the billing utility remove the unauthorized
charge, the date the unauthorized charge was removed from the customer's
telephone or electric bill, and  the date any money that the customer paid
for the unauthorized charges was refunded or credited to the customer.  

(c) Prohibits a billing utility from disconnecting or terminating
telecommunications or electric service to any customer for nonpayment of an
unauthorized charge or from filing an unfavorable credit report against a
customer who has not paid charges under this section unless the dispute is
ultimately resolved against the customer. 

Sec. 17.153.  RECORDS OF DISPUTED CHARGES.  (a) Requires every service
provider to maintain a record of every disputed charge for a product or
service placed on a customer's bill. 

(b) Requires that the record required by Subsection (a) contain for every
disputed charge any affected telephone numbers or addresses, the date the
customer requested that the billing utility remove the unauthorized charge,
the date the unauthorized charge was removed from the customer's telephone
or electric bill, and the date action was taken to refund or credit to the
customer any money that the customer paid for the unauthorized charges.  

(c) Requires that the record required by Subsection (a) be maintained for
at least 24 months after the completion of all the steps required by
Section 17.152(a). 

Sec. 17.154.  NOTICE.  (a) Requires a billing utility to provide notice of
a customer's rights under this section in the manner prescribed by the
commission. 

(b) Provides that notice of a customer's rights must be provided by mail to
each residential and business customer within 60 days of the effective date
of this section or by publication of the next telephone directory following
the effective date of this section. Requires each billing utility to send
the notice to new customers at the time service is initiated or to any
customer at that customer's request.  

Sec. 17.155.  PROVIDING COPY OF RECORDS.  Requires a billing utility to
provide to  the commission staff a copy of records maintained under
Sections 17.152, 17.153, and 17.154 upon request. 

Sec. 17.156.  VIOLATIONS.  (a) Authorizes the commission to implement
penalties and other enforcement actions under Chapter 15 (Judicial Review,
Enforcement, and Penalties), Utilities Code, provided that the commission
finds that a billing utility has engaged in a violation of this subchapter. 

(b) Authorizes the commission to enforce the provisions of Chapter 15
against the service provider or billing agent as if it were regulated by
the commission provided that the commission finds that any service provider
or billing agent subject to the provisions of this subchapter has engaged
in violations of this subchapter or has knowingly provided false
information to the commission on matters subject to this subchapter. 

(c) Requires that neither the authority granted nor any other provision of
this subchapter be construed to grant the commission jurisdiction to
regulate service providers or billing agents who are not otherwise subject
to commission regulation, other than as specifically provided by this
chapter. 

(d) Authorizes the commission, if the commission finds that a billing
utility has repeatedly violated this subchapter, to suspend, restrict, or
revoke the registration or certificate of the telecommunications service
provider or electric utility if such action is consistent with the public
interest, thereby denying the telecommunications service provider or
electric utility the right to provide service in this state. 

(e) Authorizes the commission to order the billing utility to terminate
billing and collection services for a service provider or billing agent
that has repeatedly violated any provision of this subchapter. 

(f) Requires that nothing in this subchapter be construed to preclude a
billing utility from taking action on its own to terminate or restrict its
billing and collection services. 

Sec. 17.157.  DISPUTES.  (a) Authorizes the commission to resolve disputes
between a customer and a utility. 

(b) Authorizes the commission in exercising its authority under Subsection
(a) to: 

(1)  order a utility to produce information or records;
(2)  require that all contracts, bills, and other communications from a
utility display a working toll-free telephone number that customers may
call with complaints and inquiries; 
(3)  require a utility to refund overcharges or unauthorized charges with
interest if the utility has failed to comply with commission rules or a
contract with the customer; 
(4)  order appropriate relief to ensure that a customer's choice of a
telecommunications service provider or an electric utility is honored, in
an area in which more than one provider has been certified; 
(5)  require the continuation of service to a residential or small
commercial customer while a dispute is pending regarding charges the
customer has alleged were unauthorized; and  
(6)  investigate an alleged violation. 

(c) Requires the commission to adopt procedures for resolution of disputes
in a timely manner which in no event shall exceed 60 days. 

SECTION 4.Emergency clause.
  Effective date: upon passage.