By: Nelson, et al. S.B. No. 86
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the protection of telecommunications and electric
1-2 services customers; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.002, Utilities Code, is amended by
1-5 adding Subsection (c) to read as follows:
1-6 (c) Significant changes have occurred in the
1-7 telecommunications and electric power industries since the Public
1-8 Utility Regulatory Act was originally adopted. Changes in
1-9 technology and market structure have increased the need for minimum
1-10 standards of service quality, customer service, and fair business
1-11 practices to ensure high-quality service to customers and a healthy
1-12 marketplace where competition is permitted by law. It is the
1-13 purpose of this title to grant the Public Utility Commission of
1-14 Texas authority to make and enforce rules necessary to protect
1-15 customers of telecommunications and electric services consistent
1-16 with the public interest.
1-17 SECTION 2. Section 15.024, Utilities Code, is amended to
1-18 read as follows:
1-19 Sec. 15.024. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.
1-20 (a) If the executive director determines that a violation has
1-21 occurred, the executive director may issue to the commission a
1-22 report that states the facts on which the determination is based
1-23 and the executive director's recommendation on the imposition of an
1-24 administrative penalty, including a recommendation on the amount of
2-1 the penalty.
2-2 (b) Not later than the 14th day after the date the report is
2-3 issued, the executive director shall give written notice of the
2-4 report to the person against whom the penalty may be assessed. The
2-5 notice may be given by certified mail. The notice must:
2-6 (1) include a brief summary of the alleged violation;
2-7 (2) state the amount of the recommended penalty; and
2-8 (3) inform the person that the person has a right to a
2-9 hearing on the occurrence of the violation, the amount of the
2-10 penalty, or both the occurrence of the violation and the amount of
2-11 the penalty.
2-12 (c) [A penalty may not be assessed under this section if the
2-13 person against whom the penalty may be assessed remedies the
2-14 violation before the 31st day after the date the person receives
2-15 the notice under Subsection (b). A person who claims to have
2-16 remedied an alleged violation has the burden of proving to the
2-17 commission that the alleged violation was remedied and was
2-18 accidental or inadvertent.]
2-19 [(d)] Not later than the 20th day after the date the person
2-20 receives the notice, the person may accept the determination and
2-21 recommended penalty of the executive director in writing or may
2-22 make a written request for a hearing on the occurrence of the
2-23 violation, the amount of the penalty, or both the occurrence of the
2-24 violation and the amount of the penalty.
2-25 (d) [(e)] If the person accepts the executive director's
2-26 determination and recommended penalty, the commission by order
3-1 shall approve the determination and impose the recommended penalty.
3-2 (e) [(f)] If the person requests a hearing or fails to
3-3 timely respond to the notice, the executive director shall set a
3-4 hearing and give notice of the hearing to the person. The hearing
3-5 shall be held by an administrative law judge of the State Office of
3-6 Administrative Hearings. The administrative law judge shall make
3-7 findings of fact and conclusions of law and promptly issue to the
3-8 commission a proposal for a decision about the occurrence of the
3-9 violation and the amount of a proposed penalty. Based on the
3-10 findings of fact, conclusions of law, and proposal for a decision,
3-11 the commission by order may find that a violation has occurred and
3-12 impose a penalty or may find that no violation occurred.
3-13 (f) [(g)] The notice of the commission's order shall be
3-14 given to the person as provided by Chapter 2001, Government Code,
3-15 and must include a statement of the right of the person to judicial
3-16 review of the order.
3-17 SECTION 3. Subtitle A, Title 2, Utilities Code, is amended
3-18 by adding Chapter 17 to read as follows:
3-19 CHAPTER 17. CUSTOMER PROTECTION
3-20 SUBCHAPTER A. GENERAL PROVISIONS
3-21 Sec. 17.001. CUSTOMER PROTECTION POLICY. (a) The
3-22 legislature finds that new developments in telecommunications
3-23 services and the production and delivery of electricity, as well as
3-24 changes in market structure, marketing techniques, and technology,
3-25 make it essential that customers have safeguards against
3-26 fraudulent, unfair, misleading, deceptive, or anticompetitive
4-1 business practices and against businesses that do not have the
4-2 technical and financial resources to provide adequate service.
4-3 (b) The purpose of this chapter is to establish retail
4-4 customer protection standards and confer on the commission
4-5 authority to adopt and enforce rules to protect retail customers
4-6 from fraudulent, unfair, misleading, deceptive, or anticompetitive
4-7 practices.
4-8 (c) Nothing in this section shall be construed to abridge
4-9 customer rights set forth in commission rules in effect at the time
4-10 of the enactment of this chapter.
4-11 (d) This chapter does not limit in any way the
4-12 constitutional, statutory, and common law authority of the office
4-13 of the attorney general.
4-14 (e) Nothing in this chapter authorizes a customer to receive
4-15 retail electric service from a person other than a certificated
4-16 retail electric utility.
4-17 Sec. 17.002. DEFINITIONS. In this chapter:
4-18 (1) "Billing agent" means any entity that submits
4-19 charges to the billing utility on behalf of itself or any provider
4-20 of a product or service.
4-21 (2) "Billing utility" means any telecommunications
4-22 service provider, retail electric provider, or electric utility
4-23 that issues a bill directly to a customer for any
4-24 telecommunications or electric product or service.
4-25 (3) "Certificated telecommunications utility" means a
4-26 telecommunications utility that has been granted either a
5-1 certificate of convenience and necessity, a certificate of
5-2 operating authority, or a service provider certificate of operating
5-3 authority.
5-4 (4) "Customer" means any person in whose name
5-5 telephone or retail electric service is billed, including
5-6 individuals, governmental units at all levels of government,
5-7 corporate entities, and any other entity with legal capacity to be
5-8 billed for telephone or retail electric service.
5-9 (5) "Electric utility" has the meaning assigned by
5-10 Section 31.002.
5-11 (6) "Retail electric provider" means a person that
5-12 sells electric energy to retail customers in this state at such
5-13 time as the legislature authorizes a customer to receive retail
5-14 electric service from a person other than a certificated retail
5-15 electric utility.
5-16 (7) "Service provider" means any entity that offers a
5-17 product or service to a customer and that directly or indirectly
5-18 charges to or collects from a customer's bill an amount for the
5-19 product or service on a customer's local or long distance telephone
5-20 or electric bill.
5-21 (8) "Telecommunications utility" has the meaning
5-22 assigned by Section 51.002.
5-23 Sec. 17.003. CUSTOMER AWARENESS. (a) The commission shall
5-24 promote public awareness of changes in the electric and
5-25 telecommunications markets, provide customers with information
5-26 necessary to make informed choices about available options, and
6-1 ensure that customers have an adequate understanding of their
6-2 rights.
6-3 (b) The commission shall compile a report on customer
6-4 service at least once each year showing such comparative customer
6-5 information from reports given to the commission as it deems
6-6 necessary.
6-7 (c) The commission shall make and enforce rules to require a
6-8 certificated telecommunications utility, a retail electric
6-9 provider, or an electric utility to give clear, uniform, and
6-10 understandable information to customers about rates, terms,
6-11 services, customer rights, and other necessary information as
6-12 determined by the commission.
6-13 (d) Customer awareness efforts by the commission shall be
6-14 conducted in English and Spanish and any other language as
6-15 necessary.
6-16 Sec. 17.004. CUSTOMER PROTECTION STANDARDS. (a) All buyers
6-17 of telecommunications and retail electric services are entitled to:
6-18 (1) protection from fraudulent, unfair, misleading,
6-19 deceptive, or anticompetitive practices, including protection from
6-20 being billed for services that were not authorized or provided;
6-21 (2) choice of a telecommunications service provider, a
6-22 retail electric provider, or an electric utility, where such choice
6-23 is permitted by law, and to have that choice honored;
6-24 (3) information in English and Spanish and any other
6-25 language as the commission deems necessary concerning rates, key
6-26 terms and conditions, and the basis for any claim of environmental
7-1 benefits of certain production facilities;
7-2 (4) protection from discrimination on the basis of
7-3 race, color, sex, nationality, religion, or marital status;
7-4 (5) impartial and prompt resolution of disputes with a
7-5 certificated telecommunications utility, a retail electric
7-6 provider, or an electric utility and disputes with a
7-7 telecommunications service provider related to unauthorized charges
7-8 and switching of service;
7-9 (6) privacy of customer consumption and credit
7-10 information;
7-11 (7) accuracy of metering and billing;
7-12 (8) bills presented in a clear, readable format and
7-13 easy-to-understand language; and
7-14 (9) information in English and Spanish and any other
7-15 language as the commission deems necessary concerning low-income
7-16 assistance programs and deferred payment plans.
7-17 (b) The commission has the authority to adopt and enforce
7-18 such rules as may be necessary or appropriate to carry out this
7-19 section, including but not limited to rules for minimum service
7-20 standards for a certificated telecommunications utility, a retail
7-21 electric provider, or an electric utility relating to customer
7-22 deposits and the extension of credit, switching fees, levelized
7-23 billing programs, and termination of service. The commission may
7-24 waive language requirements for good cause.
7-25 (c) The commission shall request the comments of the office
7-26 of the attorney general in developing the rules that may be
8-1 necessary or appropriate to carry out this section.
8-2 (d) The commission shall coordinate its enforcement efforts
8-3 regarding the prosecution of fraudulent, misleading, deceptive, and
8-4 anticompetitive business practices with the office of the attorney
8-5 general in order to ensure consistent treatment of specific alleged
8-6 violations.
8-7 (e) Nothing in this section shall be construed to abridge
8-8 customer rights set forth in commission rules in effect at the time
8-9 of the enactment of this chapter.
8-10 Sec. 17.005. PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED
8-11 UTILITIES. A municipally owned utility shall not be deemed to be a
8-12 "service provider" or "billing agent" for purposes of Sections
8-13 17.156(b) and (e). For electric customers within a municipally
8-14 owned utility's certificated service area or otherwise served
8-15 through its distribution facilities, the governing body of a
8-16 municipally owned utility shall adopt, implement, and enforce rules
8-17 which shall have the effect of accomplishing the objectives set out
8-18 in Sections 17.004(a) and (b) and 17.102. The governing body of a
8-19 municipally owned utility or its designee shall have the authority
8-20 to perform and shall perform the dispute resolution function
8-21 provided for by Section 17.157 for electric customers served within
8-22 the municipally owned utility's certificated service area or
8-23 otherwise served through its distribution facilities. With respect
8-24 to electric customers served by a municipally owned utility outside
8-25 its certificated service area or otherwise served through others'
8-26 distribution facilities, after the legislature authorizes retail
9-1 competition, the provisions of this chapter as administered by the
9-2 commission shall apply. Nothing in this chapter shall be deemed to
9-3 apply to a wholesale customer of a municipally owned utility.
9-4 Sec. 17.006. LIMITATIONS ON TELEPHONE SOLICITATION. No
9-5 service provider shall make or cause to be made any telephone
9-6 solicitation to any customer who has given notice to the commission
9-7 of the customer's objection to receiving telephone solicitations.
9-8 The commission shall establish and provide for the operation of a
9-9 database to compile a list of customers who object to receiving
9-10 telephone solicitations. Such database may be operated by the
9-11 commission or any other entity under contract with the commission.
9-12 Each customer shall be charged a fee not to exceed $5 for inclusion
9-13 in the database established under this section.
9-14 SUBCHAPTER B. CERTIFICATION, REGISTRATION,
9-15 AND REPORTING REQUIREMENTS
9-16 Sec. 17.051. ADOPTION OF RULES. (a) The commission shall
9-17 adopt rules relating to certification, registration, and reporting
9-18 requirements for a certificated telecommunications utility, a
9-19 retail electric provider, or an electric utility, as well as all
9-20 telecommunications utilities that are not dominant carriers, pay
9-21 telephone providers, qualifying facilities that are selling
9-22 capacity into the wholesale or retail market, exempt wholesale
9-23 generators, and power marketers.
9-24 (b) The rules adopted under Subsection (a) shall be
9-25 consistent with and no less effective than federal law and shall
9-26 not require the disclosure of highly sensitive competitive or trade
10-1 secret information.
10-2 Sec. 17.052. SCOPE OF RULES. The commission shall have
10-3 authority to make and enforce rules to:
10-4 (1) require certification or registration with the
10-5 commission as a condition of doing business in this state provided
10-6 that this requirement shall not be applicable to municipally owned
10-7 utilities;
10-8 (2) amend certificates or registrations to reflect
10-9 changed ownership and control;
10-10 (3) establish rules for customer service and
10-11 protection;
10-12 (4) suspend or revoke certificates or registrations
10-13 for repeated violations of this chapter or commission rules;
10-14 provided, however, that the commission may not revoke a certificate
10-15 of convenience and necessity of an electric utility except as
10-16 provided by Section 37.059; and
10-17 (5) order disconnection of a pay telephone service
10-18 provider's pay telephones or revocation of certification or
10-19 registration for repeated violations of this chapter or commission
10-20 rules.
10-21 Sec. 17.053. REPORTS. The commission may require a
10-22 telecommunications service provider, a retail electric provider, or
10-23 an electric utility to submit reports to the commission concerning
10-24 any matter over which it has authority under this chapter.
10-25 SUBCHAPTER C. CUSTOMER'S RIGHT TO CHOICE
10-26 Sec. 17.101. POLICY. It is the policy of this state that
11-1 all customers are protected from the unauthorized switching of a
11-2 telecommunications service provider, a retail electric provider, or
11-3 an electric utility selected by the customer to provide service,
11-4 where choice is permitted by law.
11-5 Sec. 17.102. RULES RELATING TO CHOICE. The commission shall
11-6 adopt and enforce rules that:
11-7 (1) ensure that customers are protected from deceptive
11-8 practices employed in obtaining authorizations of service and in
11-9 the verification of provider-initiated change orders, including but
11-10 not limited to negative option marketing, sweepstakes, and contests
11-11 that cause customers to unknowingly change their telecommunications
11-12 service provider, retail electric provider, or electric utility,
11-13 where choice is permitted by law;
11-14 (2) provide for clear, easily understandable
11-15 identification, on the first page of each nonelectronic bill sent
11-16 to a customer, of all telecommunications service providers, retail
11-17 electric providers, or electric utilities submitting charges on the
11-18 bill;
11-19 (3) ensure that every service provider submitting
11-20 charges on the bill is clearly and easily identified on the bill
11-21 along with its services, products, and charges;
11-22 (4) require a telecommunications service provider, a
11-23 retail electric provider, or an electric utility to maintain
11-24 records of nonpublic customer-specific information that may be used
11-25 to establish that the customer authorized a change in service for
11-26 24 months;
12-1 (5) provide that unauthorized changes in service be
12-2 remedied at no cost to the customer within a period established by
12-3 the commission;
12-4 (6) require refunds or credits with interest to the
12-5 customer in the event of an unauthorized change; and
12-6 (7) provide for penalties for violations of commission
12-7 rules adopted under this section, including but not limited to
12-8 fines and revocation of certificates or registrations, thereby
12-9 denying the certificated telecommunications utility, the retail
12-10 electric provider, or the electric utility the right to provide
12-11 service in this state; provided, however, that the commission may
12-12 not revoke a certificate of convenience and necessity of an
12-13 electric utility except as provided by Section 37.059.
12-14 SUBCHAPTER D. PROTECTION AGAINST UNAUTHORIZED CHARGES
12-15 Sec. 17.151. REQUIREMENTS FOR SUBMITTING CHARGES. (a) A
12-16 service provider, retail electric provider, or billing agent may
12-17 submit charges for a new product or service to be billed on a
12-18 customer's telephone or retail electric bill on or after the
12-19 effective date of this section only if:
12-20 (1) the service provider offering the product or
12-21 service has thoroughly informed the customer of the product or
12-22 service being offered, including all associated charges, and has
12-23 explicitly informed the customer that the associated charges for
12-24 the product or service will appear on the customer's telephone or
12-25 electric bill;
12-26 (2) the customer has clearly and explicitly consented
13-1 to obtain the product or service offered and to have the associated
13-2 charges appear on the customer's telephone or electric bill and the
13-3 consent has been verified as provided by Subsection (b); and
13-4 (3) the service provider offering the product or
13-5 service and any billing agent for the service provider:
13-6 (A) has provided the customer with a toll-free
13-7 telephone number the customer may call and an address to which the
13-8 customer may write to resolve any billing dispute and to answer
13-9 questions; and
13-10 (B) has contracted with the billing utility to
13-11 bill for products and services on the billing utility's bill; the
13-12 contract must include the service provider's name, business
13-13 address, and business telephone number and shall be maintained as
13-14 provided by Subsection (c).
13-15 (b) The customer consent required by Subsection (a)(2) must
13-16 be verified by the service provider offering the product or service
13-17 by authorization from the customer in the manner prescribed by the
13-18 commission. A record of the customer consent, including
13-19 verification, must be maintained by the service provider offering
13-20 the product or service for a period of at least 24 months
13-21 immediately after the consent and verification have been obtained.
13-22 (c) The contract required by Subsection (a)(3)(B) shall be
13-23 maintained by the billing utility for as long as the billing for
13-24 such products and services continues and for the 24 months
13-25 immediately following the permanent discontinuation of such
13-26 billing.
14-1 (d) A service provider offering a product or service to be
14-2 charged on a customer's telephone or electric bill and any billing
14-3 agent for the service provider shall not use any fraudulent,
14-4 unfair, misleading, deceptive, or anticompetitive marketing
14-5 practice to obtain customers, including the use of negative option
14-6 marketing, sweepstakes, and contests.
14-7 (e) This section does not apply to customer-initiated
14-8 transactions for which the service provider has appropriate
14-9 documentation.
14-10 (f) If a service provider is notified by a billing utility
14-11 that a customer has reported to the billing utility that a charge
14-12 made by the service provider is unauthorized, the service provider
14-13 shall cease to charge the customer for the unauthorized product or
14-14 service.
14-15 Sec. 17.152. RESPONSIBILITIES OF A BILLING UTILITY. (a) If
14-16 a customer's telephone or retail electric bill is charged for any
14-17 product or service without proper customer consent or verification,
14-18 the billing utility, upon its knowledge or notification of any
14-19 unauthorized charge, shall promptly, but in no event later than 45
14-20 days after such knowledge or notification of such charge:
14-21 (1) notify the service provider to cease charging the
14-22 customer for such unauthorized product or service;
14-23 (2) remove any unauthorized charge from the customer's
14-24 bill;
14-25 (3) refund or credit to the customer all money that
14-26 has been paid by the customer for any unauthorized charge; if the
15-1 unauthorized charge is not adjusted within three billing cycles,
15-2 interest shall be paid on the amount of the unauthorized charge;
15-3 (4) upon the customer's request, provide the customer
15-4 with all billing records under its control related to any
15-5 unauthorized charge within 10 business days of the removal of the
15-6 unauthorized charge from the customer's bill; and
15-7 (5) maintain for at least 24 months a record of every
15-8 customer who has experienced any unauthorized charge for a product
15-9 or service on the customer's telephone or electric bill and who has
15-10 notified the billing utility of the unauthorized charge.
15-11 (b) A record required by Subsection (a)(5) shall contain for
15-12 each unauthorized charge:
15-13 (1) the name of the service provider that offered the
15-14 product or service;
15-15 (2) any affected telephone numbers or addresses;
15-16 (3) the date the customer requested that the billing
15-17 utility remove the unauthorized charge;
15-18 (4) the date the unauthorized charge was removed from
15-19 the customer's telephone or electric bill; and
15-20 (5) the date any money that the customer paid for the
15-21 unauthorized charges was refunded or credited to the customer.
15-22 (c) A billing utility shall not:
15-23 (1) disconnect or terminate telecommunications or
15-24 electric service to any customer for nonpayment of an unauthorized
15-25 charge; or
15-26 (2) file an unfavorable credit report against a
16-1 customer who has not paid charges the customer has alleged were
16-2 unauthorized unless the dispute regarding the unauthorized charge
16-3 is ultimately resolved against the customer. However, the customer
16-4 shall remain obligated to pay any charges that are not in dispute,
16-5 and this subsection does not apply to those undisputed charges.
16-6 Sec. 17.153. RECORDS OF DISPUTED CHARGES. (a) Every
16-7 service provider shall maintain a record of every disputed charge
16-8 for a product or service placed on a customer's bill.
16-9 (b) The record required under Subsection (a) shall contain
16-10 for every disputed charge:
16-11 (1) any affected telephone numbers or addresses;
16-12 (2) the date the customer requested that the billing
16-13 utility remove the unauthorized charge;
16-14 (3) the date the unauthorized charge was removed from
16-15 the customer's telephone or retail electric bill; and
16-16 (4) the date action was taken to refund or credit to
16-17 the customer any money that the customer paid for the unauthorized
16-18 charges.
16-19 (c) The record required by Subsection (a) shall be
16-20 maintained for at least 24 months following the completion of all
16-21 steps required by Section 17.152(a).
16-22 Sec. 17.154. NOTICE. (a) A billing utility shall provide
16-23 notice of a customer's rights under this section in the manner
16-24 prescribed by the commission.
16-25 (b) Notice of a customer's rights must be provided by mail
16-26 to each residential and retail business customer within 60 days of
17-1 the effective date of this section or by inclusion in the
17-2 publication of the telephone directory next following the effective
17-3 date of this section. In addition, each billing utility shall send
17-4 the notice to new customers at the time service is initiated or to
17-5 any customer at that customer's request.
17-6 Sec. 17.155. PROVIDING COPY OF RECORDS. A billing utility
17-7 shall provide a copy of records maintained under the requirements
17-8 of Sections 17.152, 17.153, and 17.154 to the commission staff upon
17-9 request.
17-10 Sec. 17.156. VIOLATIONS. (a) If the commission finds that
17-11 a billing utility has engaged in a violation of this subchapter,
17-12 the commission has the authority to implement penalties and other
17-13 enforcement actions pursuant to Chapter 15.
17-14 (b) If the commission finds that any other service provider
17-15 or billing agent subject to the provisions of this subchapter has
17-16 engaged in violations of this subchapter or has knowingly provided
17-17 false information to the commission on matters subject to this
17-18 subchapter, the commission may enforce the provisions of Chapter 15
17-19 against the service provider or billing agent as if it were
17-20 regulated by the commission.
17-21 (c) Neither the authority granted under this section nor any
17-22 other provision of this subchapter shall be construed to grant the
17-23 commission jurisdiction to regulate service providers or billing
17-24 agents who are not otherwise subject to commission regulation,
17-25 other than as specifically provided by this chapter.
17-26 (d) If the commission finds that a billing utility or
18-1 service provider repeatedly violates this subchapter, the
18-2 commission may, if such action is consistent with the public
18-3 interest, suspend, restrict, or revoke the registration or
18-4 certificate of the telecommunications service provider, retail
18-5 electric provider, or electric utility, thereby denying the
18-6 telecommunications service provider, retail electric provider, or
18-7 electric utility the right to provide service in this state;
18-8 provided, however, that the commission may not revoke a certificate
18-9 of convenience and necessity of an electric utility except as
18-10 provided by Section 37.059.
18-11 (e) If the commission finds that a service provider or
18-12 billing agent has repeatedly violated any provision of this
18-13 subchapter, the commission may order the billing utility to
18-14 terminate billing and collection services for that service provider
18-15 or billing agent.
18-16 (f) Nothing in this subchapter shall be construed to
18-17 preclude a billing utility from taking action on its own to
18-18 terminate or restrict its billing and collection services.
18-19 Sec. 17.157. DISPUTES. (a) The commission is authorized to
18-20 resolve disputes between a retail customer and a billing utility,
18-21 service provider, telecommunications utility, retail electric
18-22 provider, or electric utility.
18-23 (b) In exercising its authority under Subsection (a), the
18-24 commission may:
18-25 (1) order a billing utility, service provider, retail
18-26 electric provider, or electric utility to produce information or
19-1 records;
19-2 (2) require that all contracts, bills, and other
19-3 communications from a billing utility, service provider, retail
19-4 electric provider, or electric utility display a working toll-free
19-5 telephone number that customers may call with complaints and
19-6 inquiries;
19-7 (3) require a billing utility, service provider,
19-8 retail electric provider, or electric utility to refund or credit
19-9 overcharges or unauthorized charges with interest if the billing
19-10 utility, service provider, retail electric provider, or electric
19-11 utility has failed to comply with commission rules or a contract
19-12 with the customer;
19-13 (4) order appropriate relief to ensure that a
19-14 customer's choice of a telecommunications service provider, a
19-15 retail electric provider, or an electric utility that encompasses a
19-16 geographic area in which more than one provider has been
19-17 certificated is honored;
19-18 (5) require the continuation of service to a
19-19 residential or small commercial customer while a dispute is pending
19-20 regarding charges the customer has alleged were unauthorized; and
19-21 (6) investigate an alleged violation.
19-22 (c) The commission shall adopt procedures for the resolution
19-23 of disputes in a timely manner which in no event shall exceed 60
19-24 days.
19-25 SECTION 4. The importance of this legislation and the
19-26 crowded condition of the calendars in both houses create an
20-1 emergency and an imperative public necessity that the
20-2 constitutional rule requiring bills to be read on three several
20-3 days in each house be suspended, and this rule is hereby suspended,
20-4 and that this Act take effect and be in force from and after its
20-5 passage, and it is so enacted.