By Bosse H.B. No. 793
76R3881 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to ensuring that customers receive reliable and affordable
1-3 electric energy services with adequate consumer protections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 38, Utilities Code, is amended by adding
1-6 Subchapter E to read as follows:
1-7 SUBCHAPTER E. CUSTOMER SAFEGUARDS
1-8 Sec. 38.091. APPLICATION AND IMPLEMENTATION OF SUBCHAPTER.
1-9 (a) This subchapter prescribes basic rights and protections for
1-10 electric utility customers, including residential customers.
1-11 (b) This subchapter does not affect a right or protection an
1-12 electric utility customer has under another provision of this title
1-13 or under other law.
1-14 (c) This subchapter applies without exception to a retail
1-15 electric utility regardless of whether the utility is a monopoly,
1-16 is transitioning to a competitive regulatory environment, or is a
1-17 provider in a competitive retail electric market.
1-18 (d) The commission shall adopt rules to implement and
1-19 enforce this subchapter.
1-20 Sec. 38.092. EQUAL OPPORTUNITY FOR BENEFIT. (a) The
1-21 commission shall ensure that each commission rule and policy treats
1-22 each customer and customer class equitably and fairly.
1-23 (b) In implementing and enforcing this section, the
1-24 commission shall ensure that:
2-1 (1) service choices and discounted rates, if
2-2 applicable, are available to all customers and customer classes;
2-3 (2) captive, residential customers are not required to
2-4 pay costs avoided by other customers;
2-5 (3) customer choices are broadened to include other
2-6 types of electric energy services, such as demand-side management,
2-7 solar and wind energy, cost-effective substitution of electric
2-8 energy with alternative fuels, green marketing, and renewable
2-9 energy line extension alternatives, in locations where those types
2-10 of services are reasonably available; and
2-11 (4) reasonable financial reimbursement is provided for
2-12 active participation by nonprofit and low-income consumer groups
2-13 and environmental groups in a commission proceeding in which:
2-14 (A) the financial needs of the groups are small
2-15 in comparison to the potential benefits of their participation; and
2-16 (B) the participation of the groups is necessary
2-17 to fully represent a legitimate viewpoint in the proceeding.
2-18 (c) Reimbursement under Subsection (b)(4) must be provided
2-19 by the utility or utilities engaged in the commission proceeding.
2-20 Sec. 38.093. UNIVERSAL SERVICE. (a) Electricity is an
2-21 essential service necessary for health and safety and each resident
2-22 of this state is entitled to basic electric utility service at a
2-23 reasonable price.
2-24 (b) The commission shall ensure that universal electric
2-25 utility service, including an affordable basic service package, is
2-26 available to all residential electric utility customers, including
2-27 low-income customers.
3-1 Sec. 38.094. CONSUMER PROTECTIONS. (a) Each electric
3-2 energy customer, regardless of service provider, is entitled, at a
3-3 minimum, to have customer service standards and consumer
3-4 protections at least as strong as those in effect on the effective
3-5 date of this section.
3-6 (b) The commission shall ensure that each customer has, at a
3-7 minimum:
3-8 (1) access to customer service offices;
3-9 (2) sufficient unbiased information on which to make
3-10 decisions, including information relating to service and pricing
3-11 options that is clear, accurate, written in plain language, and
3-12 available in English or Spanish;
3-13 (3) accurate and understandable bills;
3-14 (4) disclosure of unbundled cost and price;
3-15 (5) disclosure of fuel mix and generation profile of
3-16 the service provider;
3-17 (6) notice of risk of fuel price volatility;
3-18 (7) access to a provider's complaint history;
3-19 (8) protection against service disconnection in
3-20 extreme weather conditions, in cases of medical necessity, or in
3-21 cases of nonpayment for unrelated services;
3-22 (9) adequate notice of a proposed service termination,
3-23 a change in the quality of service, or a change in the price of
3-24 service;
3-25 (10) the right to quickly resolve service and billing
3-26 problems and the right to appeal an unfair utility action to an
3-27 impartial regulator and to have a complaint resolved quickly
4-1 through a simplified hearings process; and
4-2 (11) protection against abusive or anti-competitive
4-3 practices, including rules relating to:
4-4 (A) credit and collection practices, connection
4-5 and reconnection, repair, complaint handling, and billing;
4-6 (B) deposit requirements;
4-7 (C) disconnection policies;
4-8 (D) the form and content of bills; and
4-9 (E) bill payments.
4-10 (c) In implementing and enforcing the protections required
4-11 by Subsection (b), the commission shall ensure that downsizing and
4-12 layoffs do not result in customer inconvenience and service delays.
4-13 (d) Each customer is entitled to have information about
4-14 customer billing, payment, and usage history kept strictly
4-15 confidential. An electric utility or other person may aggregate
4-16 information in a manner that masks the usage, billing, and payment
4-17 history of an individual customer. Nonaggregated information may
4-18 be released only with the express written consent of the customer
4-19 in accordance with procedures adopted by the commission. In
4-20 addition, the commission shall adopt nondiscriminatory rules
4-21 regarding telemarketing calls relating to retail electric service.
4-22 (e) Each customer is entitled to fair and reasonable
4-23 marketing, sales, and business practices. The commission may bring
4-24 an action under Subchapter E, Chapter 17, Business & Commerce Code,
4-25 if an allegedly false, misleading, or deceptive act or practice
4-26 involves a good or service that is related to electricity. A
4-27 customer must notify the commission if the customer brings an
5-1 action under Subchapter E, Chapter 17, Business & Commerce Code,
5-2 against an electric provider who is under the commission's
5-3 jurisdiction.
5-4 Sec. 38.095. RELIABILITY AND SAFETY. (a) Each customer
5-5 class is entitled to reliable and safe electric energy service.
5-6 (b) The commission shall:
5-7 (1) establish clear and enforceable service
5-8 reliability and safety standards;
5-9 (2) establish service quality standards that all
5-10 service providers must meet and that are comparable to or superior
5-11 to standards applicable to electric utilities on the effective date
5-12 of this section;
5-13 (3) ensure that improvements are made in any area in
5-14 which service is not adequately reliable; and
5-15 (4) ensure that downsizing and layoffs do not occur at
5-16 the expense of the safety and reliability of the electric energy
5-17 system.
5-18 SECTION 2. This Act takes effect September 1, 1999.
5-19 SECTION 3. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.