SRC-PNG C.S.S.B. 86 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 86
By: Nelson
Electricity Utility Restructuring
2/16/1999
Committee Report (Substituted)


DIGEST 

Currently, in Texas, there has been a marked increase in retail competition
in the telecommunications services industry with a resulting increase in
reported incidences of unfair or fraudulent business practices.  There is
additional concern that similar occurrences may result if the electric
industry is restructured to allow retail competition as well.  Ultimately,
the inability of customers to make choices with confidence in any retail
market because of the prevalence of unfair or fraudulent business practices
reduces the degree of participation and, consequently, the competitiveness
of that market.  This bill provides greater consumer protections in the
telecommunications and electric services industries. 

PURPOSE

As proposed, C.S.S.B. 86 provides an increase in protection of
telecommunications and electric services customers, and provides penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Public Utility Commission in SECTION
3 (Title 2A, Sections 17.003(c), 17.004(b), 17.051(a), 17.052, and 17.102,
Utilities Code) and to the governing body of a municipally owned utility in
SECTION 3 (Title 2A, Section 17.005, Utilities Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.002, Utilities Code, by adding Subsection (c)
to establish the purpose of this title that significant changes have
occurred in the telecommunications and electric power industries since the
Public Utility Regulatory Act was adopted, requiring the need for an
increase in consumer protection. 

SECTION 2.  Amends Section 15.024, Utilities Code, by deleting text
concerning the prohibition of a penalty in which the person penalized
remedies the violation within 30 days after receiving notice and stating
that the violator has the burden of proof that the alleged violation was
remedied and was accidental or inadvertent.  Makes conforming changes. 

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

CHAPTER 17.  CUSTOMER PROTECTION
SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 17.001.  CUSTOMER PROTECTION POLICY.  Sets forth the findings of the
legislature regarding new developments in telecommunications services and
the production  and delivery of electricity.  Sets forth the purpose of
this chapter which is to provide customer  safeguards and provide
rulemaking authority to the Public Utility Commission (PUC) to  adopt and
enforce rules providing customer safeguards, including safeguards against
unfair, fraudulent, misleading, or anticompetitive practices.  Provides
that nothing in this section shall be  construed to abridge customer rights
set forth in commission rules in effect at the time of enactment of this
chapter.  Provides that this chapter does not limit the constitutional,
statutory, and common law authority of the Office of the Attorney General
(OAG). 

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

 Sec. 17.003.  CUSTOMER AWARENESS.  Requires the PUC to promote public
awareness  of electric and telecommunications market changes and provide
information to customers  about available options and their rights as
customers.  Requires the PUC to compile a  comparative customer service
report yearly.  Grants rulemaking authority to the PUC to  require a
certificated telecommunications utility or an electric utility to provide
clear, uniform  and understandable information to customers about rates,
terms, services, customer rights,  and other necessary information.
Requires customer service awareness efforts to be  conducted in English,
Spanish, and any other language necessary. 

 Sec. 17.004.  CUSTOMER PROTECTION STANDARDS.  Establishes that all buyers
of  telecommunications and electric services have certain entitlements.
Grants rulemaking authority to the PUC to adopt and enforce rules for
minimum service standards on customer deposits, credit extensions,
switching fees, levelized billing programs, and service termination for
certificated telecommunications utilities and electric utilities.
Authorizes the commission to waive language requirements for a good cause.
Requires the commission to request the comments of the OAG in developing
the rules necessary to carry out this section. Requires the commission to
coordinate its enforcement efforts with the OAG.  Provides that nothing in
this section shall be construed to abridge customer rights 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 purposes of Sections 17.156(b) and 17.156(e).  Grants
rulemaking authority to the governing body of a municipally owned utility
to adopt, implement, and enforce rules to accomplish objectives set out in
Sections 17.004(a) and (b) and Section 17.102.  Requires the 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 certificated service area. 

SUBCHAPTER B.  CERTIFICATION, REGISTRATION, AND REPORTING REQUIREMENTS

Sec. 17.051.  ADOPTION OF RULES.  Grants rulemaking authority to the PUC
regarding certification, registration, and reporting requirements for
certificated telecommunications utilities, electric utilities,
telecommunications utilities that are not dominant carriers, pay telephone
providers, qualifying facilities that are selling capacity into the
wholesale or retail market, exempt wholesale generators, and power
marketers.  Requires the rules adopted under Subsection (a) to be
consistent with and no less effective than federal law and shall not
require the disclosure of highly-sensitive competitive or trade secret
information. 

 Sec. 17.052.  SCOPE OF RULES.  Sets forth requirements for the creation
and enforcement  of the PUC's rules.   

 Sec. 17.053.  REPORTS.  Authorizes the PUC to require telecommunications
service providers or electric utilities to submit reports to the PUC over
any matter the PUC has authority. 

SUBCHAPTER C.  CUSTOMER'S RIGHT TO CHOICE

 Sec. 17.101.  POLICY.  Establishes a state policy to protect customers
from unauthorized  switching of a selected telecommunications service
provider or electric utility. 

Sec. 17.102.  RULES RELATING TO CHOICE.  Grants rulemaking authority to the
PUC to ensure customers are protected from unauthorized switching of a
selected telecommunications service provider or electric utility.   
 
SUBCHAPTER D.  PROTECTION AGAINST UNAUTHORIZED CHARGES

 Sec. 17.151.  REQUIREMENTS FOR SUBMITTING CHARGES.  Authorizes a service
provider or billing agent to submit charges on a customer's bill if certain
requirements are met.  Requires customer consent to be verified by the
service provider offering the product or service in a manner prescribed by
the PUC and a record kept of the authorization for a certain time period.
Requires the contract required by Subsection (a)(3)(B) to be maintained by
the billing utility for a certain period of time.  Prohibits the use of any
fraudulent, unfair, misleading, deceptive, or anticompetitive marketing
practices, including the use of negative option marketing, sweepstakes, and
contests, by any billing agent or  service provider, other than the billing
utility.  Provides 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.  Requires a billing
utility,  upon its knowledge or notification of an unauthorized charge on a
customer's bill, to  promptly take certain actions by a certain date.
Requires certain information to be contained  in every report of an
unauthorized charge to a customer's bill.  Prohibits a billing utility from
disconnecting or terminating 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 the customer has alleged were
unauthorized unless the dispute regarding the unauthorized charge is
ultimately resolved against the customer.  Requires the customer to remain
obligated to pay any charges that are not in dispute, and provides that
this subsection does not apply to those undisputed charges. 

 Sec. 17.153.  RECORDS OF DISPUTED CHARGES.  Requires every service
provider to maintain a record of every disputed charge placed on a
customer's bill.  Requires certain information to be contained in the
record of a disputed charge to a customer's bill.  Requires the record to
be kept for at least 24 months following the completion of all steps
required by Section 17.152(a).   

 Sec. 17.154.  NOTICE.  Requires a billing utility to provide notice of a
customer's right in  a manner prescribed by the PUC.  Requires the notice
to be provided by mail to each  residential and business customer within 60
days of the effective date of this section or by inclusion in the
publication of the telephone directory next following the effective date of
this section.  Requires each billing utility to send the notice to new
customers at the initiation of service or to any customer upon their
request. 
 
 Sec. 17.155.  PROVIDING COPY OF RECORDS.  Requires a billing utility to
provide a  copy of records to the PUC staff upon request. 

 Sec. 17.156.  VIOLATIONS.  Authorizes the PUC to implement penalties and
other  enforcement actions under Chapter 15 for any violation of this
subchapter by a billing utility.  Authorizes the PUC to enforce the
provisions of Chapter 15 for any violation of this  subchapter or for the
knowing provision of false information to the PUC against any entity  as if
it was regulated by the PUC.  Establishes that jurisdiction to regulate
entities not  otherwise subject to PUC regulation is not authorized other
than as specifically provided by  this chapter.  Authorizes the PUC to deny
a telecommunications service provider or electric utility the right to
provide service in this state if the billing utility repeatedly violates
this subchapter. Authorizes the PUC to order a billing utility to terminate
billing and collection services with a repeat violator of this subchapter.
Establishes that a billing utility may terminate or restrict its billing
and collection services on its own to provide customer safeguards.   

 Sec. 17.157.  DISPUTES.  Authorizes the PUC to resolve disputes between a
customer and  a certificated telecommunications utility or an electric
utility.  Authorizes the PUC to take  certain actions in resolving
disputes.  Requires the PUC 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.

SUMMARY OF COMMITTEE CHANGES

Relating Clause.

Amends relating clause to include "providing penalties."

SECTION 3.

Amends Section 17.001, Title 2A, Utilities Code, to include in the purpose
of the chapter the enforcement of rules providing customer safeguards,
including safeguards against unfair, fraudulent, misleading, and
anticompetitive practices and to require that nothing in this section be
construed to abridge customer rights set forth in commission rules in
effect at the time of enactment of this chapter.  Provides that this
chapter does not limit the constitutional, statutory, and common law
authority of the Office of the Attorney General.   

Amends Section 17.002, Title 2A, Utilities Code, to redefine "billing
utility," and "customer," and to define "service provider." 

Amends Section 17.004, Title 2A, Utilities Code, to establish that all
buyers of telecommunications and electric services have certain
entitlements, rather than rights. Deletes text granting rulemaking
authority to the PUC to adopt and enforce rules for service quality for
certificated telecommunications utilities and electric utilities.
Authorizes the commission to waive language requirements for a good cause.
Requires the commission to request the comments of the OAG in developing
the rules necessary to carry out this section. Requires the commission to
coordinate its enforcement efforts with the OAG.  Provides that nothing in
this section shall be construed to abridge customer rights set forth in
commission rules in effect at the time of the enactment of this chapter.
Makes conforming changes. 

Adds Section 17.005, Title 2A, Utilities Code, to prohibit a municipally
owned utility from being deemed a "service provider" for purposes of
Sections 17.156(b) and 17.156(e).  Grants rulemaking authority to the
governing body of a municipally owned utility to adopt, implement, and
enforce rules to accomplish objectives set out in Sections 17.004(a) and
(b) and Section 17.102.  Requires the 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 certificated
service area. 

Amends the heading of Subchapter B to read "CERTIFICATION, REGISTRATION,
AND REPORTING REQUIREMENTS." 

 Amends Section 17.051, Title 2A, Utilities Code, to delete text granting
rulemaking authority to the PUC regarding licensing for a certificated
telecommunications utility or electric utility. Includes qualifying
facilities that are selling capacity into the wholesale or retail market
among those entities for which PUC has rulemaking authority relating to
certification, registration, and reporting requirements. Prohibits
requiring the disclosure of highly-sensitive competitive or trade secret
information. 

 Amends Section 17.052, Title 2A, Utilities Code, to make conforming
changes. 

Amends Section 17.053, Title 2A, Utilities Code, to require a
telecommunications service provider, rather than a telecommunications
utility, to submit reports to the PUC. 

Amends Section 17.101, Title 2A, Utilities Code, to make conforming changes.

Amends Section 17.102, Title 2A, Utilities Code, to make conforming changes.

Amends Section 17.151, Title 2A, Utilities Code, to require a record of the
customer consent to be maintained by the service provider for at least 24
months after the consent and  verification have been obtained.  Requires
the contract required by Subsection (a)(3)(b) to be maintained by the
billing utility for a certain period of time.  Prohibits the use of any
fraudulent, unfair, misleading, deceptive, or anticompetitive marketing
practices, including the use of negative option marketing, sweepstakes, and
contests, by any billing agent or service provider, other than the billing
utility.  Provides that this section does not apply to customer initiated
transactions for which the service provider has appropriate documentation.
Makes conforming changes. 

Amends Section 17.152, Title 2A, Utilities Code, to prohibit a billing
utility from disconnecting or terminating 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 the customer has alleged
were unauthorized unless the dispute regarding the unauthorized charge is
ultimately resolved against the customer.  Requires the customer to remain
obligated to pay any charges that are not in dispute, and provides that
this subsection does not apply to those undisputed charges.  Makes
conforming changes. 

Amends Section 17.153, Title 2A, Utilities Code, to require the record of
every disputed charge on a customer's bill to be kept for at least 24
months, rather than 12 months, following the completion of all steps
required by Section 17.152(a).  Makes conforming changes. 

Amends Section 17.154, Title 2A, Utilities Code, to require notice to
customers of their rights to be provided by mail within a certain time
period or to be included in the next telephone directory publication. 

Amends Section 17.156, Title 2A, Utilities Code, to make conforming changes.

Amends Section 17.157, Title 2A, Utilities Code, to require the PUC to
adopt procedures for resolution of disputes in a timely manner which in no
event shall exceed 60 days.  Makes conforming changes.