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.  Subsection (c), Section 15.024, Utilities Code,
1-18     is amended to read as follows:
1-19           (c)  A penalty may not be assessed under this section if the
1-20     person against whom the penalty may be assessed remedies the
1-21     violation before the 31st day after the date the person receives
1-22     the notice under Subsection (b).  A person who claims to have
1-23     remedied an alleged violation has the burden of proving to the
1-24     commission that the alleged violation was remedied and was
 2-1     accidental or inadvertent.  This subsection does not apply to a
 2-2     violation of Chapter 17 or 55.
 2-3           SECTION 3.  Subtitle A, Title 2, Utilities Code, is amended
 2-4     by adding Chapter 17 to read as follows:
 2-5                      CHAPTER 17.  CUSTOMER PROTECTION
 2-6                      SUBCHAPTER A.  GENERAL PROVISIONS
 2-7           Sec. 17.001.  CUSTOMER PROTECTION POLICY.  (a)  The
 2-8     legislature finds that new developments in telecommunications
 2-9     services and the production and delivery of electricity, as well as
2-10     changes in market structure, marketing techniques, and technology,
2-11     make it essential that customers have safeguards against
2-12     fraudulent, unfair, misleading, deceptive, or anticompetitive
2-13     business practices and against businesses that do not have the
2-14     technical and financial resources to provide adequate service.
2-15           (b)  The purpose of this chapter is to establish retail
2-16     customer protection standards and confer on the commission
2-17     authority to adopt and enforce rules to protect retail customers
2-18     from fraudulent, unfair, misleading, deceptive, or anticompetitive
2-19     practices.
2-20           (c)  Nothing in this section shall be construed to abridge
2-21     customer rights set forth in commission rules in effect at the time
2-22     of the enactment of this chapter.
2-23           (d)  This chapter does not limit the constitutional,
2-24     statutory, and common law authority of the office of the attorney
2-25     general.
2-26           (e)  Nothing in this chapter authorizes a customer to receive
 3-1     retail electric service from a person other than a certificated
 3-2     retail electric utility.
 3-3           Sec. 17.002.  DEFINITIONS.  In this chapter:
 3-4                 (1)  "Billing agent" means any entity that submits
 3-5     charges to the billing utility on behalf of itself or any provider
 3-6     of a product or service.
 3-7                 (2)  "Billing utility" means any telecommunications
 3-8     provider, as defined by Section 51.002, retail electric provider,
 3-9     or electric utility that issues a bill directly to a customer for
3-10     any telecommunications or electric product or service.
3-11                 (3)  "Certificated telecommunications utility" means a
3-12     telecommunications utility that has been granted either a
3-13     certificate of convenience and necessity, a certificate of
3-14     operating authority, or a service provider certificate of operating
3-15     authority.
3-16                 (4)  "Customer" means any person in whose name
3-17     telephone or retail electric service is billed, including
3-18     individuals, governmental units at all levels of government,
3-19     corporate entities, and any other entity with legal capacity to be
3-20     billed for telephone or retail electric service.
3-21                 (5)  "Electric utility" has the meaning assigned by
3-22     Section 31.002.
3-23                 (6)  "Retail electric provider" means a person that
3-24     sells electric energy to retail customers in this state after the
3-25     legislature authorizes a customer to receive retail electric
3-26     service from a person other than a certificated retail electric
 4-1     utility.
 4-2                 (7)  "Service provider" means any entity that offers a
 4-3     product or service to a customer and that directly or indirectly
 4-4     charges to or collects from a customer's bill an amount for the
 4-5     product or service on a customer's bill received from a billing
 4-6     utility.
 4-7                 (8)  "Telecommunications utility" has the meaning
 4-8     assigned by Section 51.002.
 4-9           Sec. 17.003.  CUSTOMER AWARENESS.  (a)  The commission shall
4-10     promote public awareness of changes in the electric and
4-11     telecommunications markets, provide customers with information
4-12     necessary to make informed choices about available options, and
4-13     ensure that customers have an adequate understanding of their
4-14     rights.
4-15           (b)  The commission shall compile a report on customer
4-16     service at least once each year showing the comparative customer
4-17     information from reports given to the commission it deems
4-18     necessary.
4-19           (c)  The commission shall adopt and enforce rules to require
4-20     a certificated telecommunications utility, a retail electric
4-21     provider, or an electric utility to give clear, uniform, and
4-22     understandable information to customers about rates, terms,
4-23     services, customer rights, and other necessary information as
4-24     determined by the commission.
4-25           (d)  Customer awareness efforts by the commission shall be
4-26     conducted in English and Spanish and any other language as
 5-1     necessary.
 5-2           Sec. 17.004.  CUSTOMER PROTECTION STANDARDS.  (a)  All buyers
 5-3     of telecommunications and retail electric services are entitled to:
 5-4                 (1)  protection from fraudulent, unfair, misleading,
 5-5     deceptive, or anticompetitive practices, including protection from
 5-6     being billed for services that were not authorized or provided;
 5-7                 (2)  choice of a telecommunications service provider, a
 5-8     retail electric provider, or an electric utility, where that choice
 5-9     is permitted by law, and to have that choice honored;
5-10                 (3)  information in English and Spanish and any other
5-11     language as the commission deems necessary concerning rates, key
5-12     terms and conditions, and the basis for any claim of environmental
5-13     benefits of certain production facilities;
5-14                 (4)  protection from discrimination on the basis of
5-15     race, color, sex, nationality, religion, marital status, income
5-16     level, or source of income and from unreasonable discrimination on
5-17     the basis of geographic location;
5-18                 (5)  impartial and prompt resolution of disputes with a
5-19     certificated telecommunications utility, a retail electric
5-20     provider, or an electric utility and disputes with a
5-21     telecommunications service provider related to unauthorized charges
5-22     and switching of service;
5-23                 (6)  privacy of customer consumption and credit
5-24     information;
5-25                 (7)  accuracy of metering and billing;
5-26                 (8)  bills presented in a clear, readable format and
 6-1     easy-to-understand language;
 6-2                 (9)  information in English and Spanish and any other
 6-3     language as the commission deems necessary concerning low-income
 6-4     assistance programs and deferred payment plans;
 6-5                 (10)  all consumer protections and disclosures
 6-6     established by the Fair Credit Reporting Act (15 U.S.C. Section
 6-7     1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
 6-8     et seq.); and
 6-9                 (11)  after retail competition begins as authorized by
6-10     the legislature, programs provided by retail electric providers
6-11     that offer eligible low-income customers energy efficiency
6-12     programs, an affordable rate package, and bill payment assistance
6-13     programs designed to reduce uncollectible accounts.
6-14           (b)  The commission may adopt and enforce rules as necessary
6-15     or appropriate to carry out this section, including rules for
6-16     minimum service standards for a certificated telecommunications
6-17     utility, a retail electric provider, or an electric utility
6-18     relating to customer deposits and the extension of credit,
6-19     switching fees, levelized billing programs, and termination of
6-20     service and to energy efficiency programs, an affordable rate
6-21     package, and bill payment assistance programs for low-income
6-22     customers.  The commission may waive language requirements for good
6-23     cause.
6-24           (c)  The commission shall request the comments of the office
6-25     of the attorney general in developing the rules that may be
6-26     necessary or appropriate to carry out this section.
 7-1           (d)  The commission shall coordinate its enforcement efforts
 7-2     regarding the prosecution of fraudulent, misleading, deceptive, and
 7-3     anticompetitive business practices with the office of the attorney
 7-4     general in order to ensure consistent treatment of specific alleged
 7-5     violations.
 7-6           (e)  Nothing in this section shall be construed to abridge
 7-7     customer rights set forth in commission rules or to abridge the
 7-8     rights of low-income customers to receive benefits through pending
 7-9     or operating programs in effect at the time of the enactment of
7-10     this chapter.
7-11           (f)  The commission shall adopt rules to provide automatic
7-12     enrollment of eligible utility customers for lifeline telephone
7-13     service and reduced electric rates available to low-income
7-14     households.  Each state agency, on the request of the commission,
7-15     shall assist in the adoption and implementation of those rules.
7-16           (g)  Notwithstanding any other provision of this title, the
7-17     rules adopted under Subsection (b) shall provide full, concurrent
7-18     reimbursement for the costs of any programs provided under
7-19     Subsection (a)(11) and for reimbursement for the difference between
7-20     any affordable rate package provided under Subsection (a)(11) and
7-21     any rates otherwise applicable.
7-22           Sec. 17.005.  PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED
7-23     UTILITIES.  A municipally owned utility may not be deemed to be a
7-24     "service provider" or "billing agent" for purposes of Sections
7-25     17.156(b) and (e).  The governing body of a municipally owned
7-26     utility shall adopt, implement, and enforce rules that shall have
 8-1     the effect of accomplishing the objectives set out in Sections
 8-2     17.004(a) and (b) and 17.102, as to the municipally owned utility
 8-3     within its certificated service area.  The governing body of a
 8-4     municipally owned utility or its designee shall perform the dispute
 8-5     resolution function provided for by Section 17.157 for disputes
 8-6     arising from services provided by the municipally owned utility to
 8-7     electric customers served within the municipally owned utility's
 8-8     certificated service area.  With respect to electric customers
 8-9     served by a municipally owned utility outside its certificated
8-10     service area or otherwise served through others' distribution
8-11     facilities, after retail competition begins as authorized by the
8-12     legislature, the provisions of this chapter as administered by the
8-13     commission apply.  Nothing in this chapter shall be deemed to apply
8-14     to a wholesale customer of a municipally owned utility.
8-15           Sec. 17.006.  PROTECTIONS FOR CUSTOMERS OF ELECTRIC
8-16     COOPERATIVES.  An electric cooperative shall not be deemed to be a
8-17     "service provider" or "billing agent" for purposes of Sections
8-18     17.156(b) and (e).  The electric cooperative shall adopt,
8-19     implement, and enforce rules that shall have the effect of
8-20     accomplishing the objectives set out in Sections 17.004(a) and (b)
8-21     and 17.102.  The board of directors of the electric cooperative or
8-22     its designee shall perform the dispute resolution function provided
8-23     for by Section 17.157 for electric customers served by the electric
8-24     cooperative within its certificated service area.  With respect to
8-25     electric customers served by an electric cooperative outside its
8-26     certificated service area or otherwise served through others'
 9-1     distribution facilities, after the legislature authorizes retail
 9-2     competition, the provisions of this chapter as administered by the
 9-3     commission shall apply.  Nothing in this chapter shall be deemed to
 9-4     apply to a wholesale customer of an electric cooperative.
 9-5                 SUBCHAPTER B.  CERTIFICATION, REGISTRATION,
 9-6                         AND REPORTING REQUIREMENTS
 9-7           Sec. 17.051.  ADOPTION OF RULES.  (a)  The commission shall
 9-8     adopt rules relating to certification, registration, and reporting
 9-9     requirements for a certificated telecommunications utility, a
9-10     retail electric provider, or an electric utility, as well as all
9-11     telecommunications utilities that are not dominant carriers, pay
9-12     telephone providers, qualifying facilities that are selling
9-13     capacity into the wholesale or retail market, exempt wholesale
9-14     generators, and power marketers.
9-15           (b)  The rules adopted under Subsection (a) shall be
9-16     consistent with and no less effective than federal law and may not
9-17     require the disclosure of highly sensitive competitive or trade
9-18     secret information.
9-19           Sec. 17.052.  SCOPE OF RULES.  The commission may adopt and
9-20     enforce rules to:
9-21                 (1)  require certification or registration with the
9-22     commission as a condition of doing business in this state, except
9-23     that this requirement does not apply to municipally owned
9-24     utilities;
9-25                 (2)  amend certificates or registrations to reflect
9-26     changed ownership and control;
 10-1                (3)  establish rules for customer service and
 10-2    protection;
 10-3                (4)  suspend or revoke certificates or registrations
 10-4    for repeated violations of this chapter or commission rules, except
 10-5    that the commission may not revoke a certificate of convenience and
 10-6    necessity of an electric utility except as provided by Section
 10-7    37.059 or a certificate of convenience and necessity of a
 10-8    telecommunications utility except as provided by Section 54.008;
 10-9    and
10-10                (5)  order disconnection of a pay telephone service
10-11    provider's pay telephones or revocation of certification or
10-12    registration for repeated violations of this chapter or commission
10-13    rules.
10-14          Sec. 17.053.  REPORTS.  The commission may require a
10-15    telecommunications service provider, a retail electric provider, or
10-16    an electric utility to submit reports to the commission concerning
10-17    any matter over which it has authority under this chapter.
10-18                 SUBCHAPTER C.  CUSTOMER'S RIGHT TO CHOICE
10-19          Sec. 17.101.  POLICY.  It is the policy of this state that
10-20    all customers be protected from the unauthorized switching of a
10-21    telecommunications service provider, a retail electric provider, or
10-22    an electric utility selected by the customer to provide service,
10-23    where choice is permitted by law.
10-24          Sec. 17.102.  RULES RELATING TO CHOICE.  The commission shall
10-25    adopt and enforce rules that:
10-26                (1)  ensure that customers are protected from deceptive
 11-1    practices employed in obtaining authorizations of service and in
 11-2    the verification of change orders, including negative option
 11-3    marketing, sweepstakes, and contests that cause customers to
 11-4    unknowingly change their telecommunications service provider,
 11-5    retail electric provider, or electric utility, where choice is
 11-6    permitted by law;
 11-7                (2)  provide for clear, easily understandable
 11-8    identification, in each bill sent to a customer, of all
 11-9    telecommunications service providers, retail electric providers, or
11-10    electric utilities submitting charges on the bill;
11-11                (3)  ensure that every service provider submitting
11-12    charges on the bill is clearly and easily identified on the bill
11-13    along with its services, products, and charges;
11-14                (4)  provide that unauthorized changes in service be
11-15    remedied at no cost to the customer within a period established by
11-16    the commission;
11-17                (5)  require refunds or credits to the customer in the
11-18    event of an unauthorized change; and
11-19                (6)  provide for penalties for violations of commission
11-20    rules adopted under this section, including fines and revocation of
11-21    certificates or registrations, by this action denying the
11-22    certificated telecommunications utility, the retail electric
11-23    provider, or the electric utility the right to provide service in
11-24    this state, except that the commission may not revoke a certificate
11-25    of convenience and necessity of an electric utility except as
11-26    provided by Section 37.059 or a certificate of convenience and
 12-1    necessity of a telecommunications utility except as provided by
 12-2    Section 54.008.
 12-3          SUBCHAPTER D.  PROTECTION AGAINST UNAUTHORIZED CHARGES
 12-4          Sec. 17.151.  REQUIREMENTS FOR SUBMITTING CHARGES.  (a)  A
 12-5    service provider, retail electric provider, or billing agent may
 12-6    submit charges for a new product or service to be billed on a
 12-7    customer's telephone or retail electric bill on or after the
 12-8    effective date of this section only if:
 12-9                (1)  the service provider offering the product or
12-10    service has thoroughly informed the customer of the product or
12-11    service being offered, including all associated charges, and has
12-12    explicitly informed the customer that the associated charges for
12-13    the product or service will appear on the customer's telephone or
12-14    electric bill;
12-15                (2)  the customer has clearly and explicitly consented
12-16    to obtain the product or service offered and to have the associated
12-17    charges appear on the customer's telephone or electric bill and the
12-18    consent has been verified as provided by Subsection (b); and
12-19                (3)  the service provider offering the product or
12-20    service and any billing agent for the service provider:
12-21                      (A)  has provided the customer with a toll-free
12-22    telephone number the customer may call and an address to which the
12-23    customer may write to resolve any billing dispute and to answer
12-24    questions; and
12-25                      (B)  has contracted with the billing utility to
12-26    bill for products and services on the billing utility's bill as
 13-1    provided by Subsection (c).
 13-2          (b)  The customer consent required by Subsection (a)(2) must
 13-3    be verified by the service provider offering the product or service
 13-4    by authorization from the customer.  A record of the customer
 13-5    consent, including verification, must be maintained by the service
 13-6    provider offering the product or service for a period of at least
 13-7    24 months immediately after the consent and verification have been
 13-8    obtained.  The method of obtaining customer consent and
 13-9    verification must include one or more of the following:
13-10                (1)  written authorization from the customer;
13-11                (2)  toll-free electronic authorization placed from the
13-12    telephone number that is the subject of the product or service;
13-13                (3)  oral authorization obtained by an independent
13-14    third party; or
13-15                (4)  any other method of authorization approved by the
13-16    commission or the Federal Communications Commission.
13-17          (c)  The contract required by Subsection (a)(3)(B) must
13-18    include the service provider's name, business address, and business
13-19    telephone number and shall be maintained by the billing utility for
13-20    as long as the billing for the products and services continues and
13-21    for the 24 months immediately following the permanent
13-22    discontinuation of the billing.
13-23          (d)  A service provider offering a product or service to be
13-24    charged on a customer's telephone or electric bill and any billing
13-25    agent for the service provider may not use any fraudulent, unfair,
13-26    misleading, deceptive, or anticompetitive marketing practice to
 14-1    obtain customers, including the use of negative option marketing,
 14-2    sweepstakes, and contests.
 14-3          (e)  Unless verification is required by federal law or rules
 14-4    implementing federal law, Subsection (b) does not apply to
 14-5    customer-initiated transactions with a certificated
 14-6    telecommunications provider or an electric utility for which the
 14-7    service provider has the appropriate documentation.
 14-8          (f)  If a service provider is notified by a billing utility
 14-9    that a customer has reported to the billing utility that a charge
14-10    made by the service provider is unauthorized, the service provider
14-11    shall cease to charge the customer for the unauthorized product or
14-12    service.
14-13          (g)  This section does not apply to message
14-14    telecommunications services charges that are initiated by dialing
14-15    1+, 0+, 0-, 1010XXX, or collect calls and charges for video
14-16    services if the service provider has the necessary call detail
14-17    record to establish the billing for the call or service.
14-18          Sec. 17.152.  RESPONSIBILITIES OF BILLING UTILITY.  (a)  If a
14-19    customer's telephone or retail electric bill is charged for any
14-20    product or service without proper customer consent or verification,
14-21    the billing utility, on its knowledge or notification of any
14-22    unauthorized charge, shall promptly, not later than 45 days after
14-23    the date of knowledge or notification of the charge:
14-24                (1)  notify the service provider to cease charging the
14-25    customer for the unauthorized product or service;
14-26                (2)  remove any unauthorized charge from the customer's
 15-1    bill;
 15-2                (3)  refund or credit to the customer all money that
 15-3    has been paid by the customer for any unauthorized charge, and if
 15-4    the unauthorized charge is not adjusted within three billing
 15-5    cycles, shall pay interest on the amount of the unauthorized
 15-6    charge;
 15-7                (4)  on the customer's request, provide the customer
 15-8    with all billing records under its control related to any
 15-9    unauthorized charge within 15 business days after the date of the
15-10    removal of the unauthorized charge from the customer's bill; and
15-11                (5)  maintain for at least 24 months a record of every
15-12    customer who has experienced any unauthorized charge for a product
15-13    or service on the customer's telephone or electric bill and who has
15-14    notified the billing utility of the unauthorized charge.
15-15          (b)  A record required by Subsection (a)(5) shall contain for
15-16    each unauthorized charge:
15-17                (1)  the name of the service provider that offered the
15-18    product or service;
15-19                (2)  any affected telephone numbers or addresses;
15-20                (3)  the date the customer requested that the billing
15-21    utility remove the unauthorized charge;
15-22                (4)  the date the unauthorized charge was removed from
15-23    the customer's telephone or electric bill; and
15-24                (5)  the date any money that the customer paid for the
15-25    unauthorized charges was refunded or credited to the customer.
15-26          (c)  A billing utility may not:
 16-1                (1)  disconnect or terminate telecommunications or
 16-2    electric service to any customer for nonpayment of an unauthorized
 16-3    charge; or
 16-4                (2)  file an unfavorable credit report against a
 16-5    customer who has not paid charges the customer has alleged were
 16-6    unauthorized unless the dispute regarding the unauthorized charge
 16-7    is ultimately resolved against the customer, except that the
 16-8    customer shall remain obligated to pay any charges that are not in
 16-9    dispute, and this subsection does not apply to those undisputed
16-10    charges.
16-11          Sec. 17.153.  RECORDS OF DISPUTED CHARGES.  (a)  Every
16-12    service provider shall maintain a record of every disputed charge
16-13    for a product or service placed on a customer's bill.
16-14          (b)  The record required under Subsection (a) shall contain
16-15    for every disputed charge:
16-16                (1)  any affected telephone numbers or addresses;
16-17                (2)  the date the customer requested that the billing
16-18    utility remove the unauthorized charge;
16-19                (3)  the date the unauthorized charge was removed from
16-20    the customer's telephone or retail electric bill; and
16-21                (4)  the date action was taken to refund or credit to
16-22    the customer any money that the customer paid for the unauthorized
16-23    charges.
16-24          (c)  The record required by Subsection (a) shall be
16-25    maintained for at least 24 months following the completion of all
16-26    steps required by Section 17.152(a).
 17-1          Sec. 17.154.  NOTICE.  (a)  A billing utility shall provide
 17-2    notice of a customer's rights under this section in the manner
 17-3    prescribed by the commission.
 17-4          (b)  Notice of a customer's rights must be provided by mail
 17-5    to each residential and retail business customer within 60 days of
 17-6    the effective date of this section or by inclusion in the
 17-7    publication of the telephone directory next following the effective
 17-8    date of this section.  In addition, each billing utility shall send
 17-9    the notice to new customers at the time service is initiated or to
17-10    any customer at that customer's request.
17-11          Sec. 17.155.  PROVIDING COPY OF RECORDS.  A billing utility
17-12    shall provide a copy of records maintained under Sections
17-13    17.151(c), 17.152, and 17.154 to the commission staff on request.
17-14    A service provider shall provide a copy of records maintained under
17-15    Sections 17.151(b) and 17.153 to the commission on request.
17-16          Sec. 17.156.  VIOLATIONS.  (a)  If the commission finds that
17-17    a billing utility violated this subchapter, the commission may
17-18    implement penalties and other enforcement actions under Chapter 15.
17-19          (b)  If the commission finds that any other service provider
17-20    or billing agent subject to this subchapter has violated this
17-21    subchapter or has knowingly provided false information to the
17-22    commission on matters subject to this subchapter, the commission
17-23    may enforce the provisions of Chapter 15 against the service
17-24    provider or billing agent as if it were regulated by the
17-25    commission.
17-26          (c)  Neither the authority granted under this section nor any
 18-1    other provision of this subchapter shall be construed to grant the
 18-2    commission jurisdiction to regulate service providers or billing
 18-3    agents who are not otherwise subject to commission regulation,
 18-4    other than as specifically provided by this chapter.
 18-5          (d)  If the commission finds that a billing utility or
 18-6    service provider repeatedly violates this subchapter, the
 18-7    commission may, if the action is consistent with the public
 18-8    interest, suspend, restrict, or revoke the registration or
 18-9    certificate of the telecommunications service provider, retail
18-10    electric provider, or electric utility, by this action denying the
18-11    telecommunications service provider, retail electric provider, or
18-12    electric utility the right to provide service in this state, except
18-13    that the commission may not revoke a certificate of convenience and
18-14    necessity of an electric utility except as provided by Section
18-15    37.059 or a certificate of convenience and necessity of a
18-16    telecommunications utility except as provided by Section 54.008.
18-17          (e)  If the commission finds that a service provider or
18-18    billing agent has repeatedly violated any provision of this
18-19    subchapter, the commission may order the billing utility to
18-20    terminate billing and collection services for that service provider
18-21    or billing agent.
18-22          (f)  Nothing in this subchapter shall be construed to
18-23    preclude a billing utility from taking action on its own to
18-24    terminate or restrict its billing and collection services.
18-25          Sec. 17.157.  DISPUTES.  (a) The commission may resolve
18-26    disputes between a retail customer and a billing utility, service
 19-1    provider, telecommunications utility, retail electric provider, or
 19-2    electric utility.
 19-3          (b)  In exercising its authority under Subsection (a), the
 19-4    commission may:
 19-5                (1)  order a billing utility, service provider, retail
 19-6    electric provider, or electric utility to produce information or
 19-7    records;
 19-8                (2)  require that all contracts, bills, and other
 19-9    communications from a billing utility, service provider, retail
19-10    electric provider, or electric utility display a working toll-free
19-11    telephone number that customers may call with complaints and
19-12    inquiries;
19-13                (3)  require a billing utility, service provider,
19-14    retail electric provider, or electric utility to refund or credit
19-15    overcharges or unauthorized charges with interest if the billing
19-16    utility, service provider, retail electric provider, or electric
19-17    utility has failed to comply with commission rules or a contract
19-18    with the customer;
19-19                (4)  order appropriate relief to ensure that a
19-20    customer's choice of a telecommunications service provider, a
19-21    retail electric provider, or an electric utility that encompasses a
19-22    geographic area in which more than one provider has been
19-23    certificated is honored;
19-24                (5)  require the continuation of service to a
19-25    residential or small commercial customer while a dispute is pending
19-26    regarding charges the customer has alleged were unauthorized; and
 20-1                (6)  investigate an alleged violation.
 20-2          (c)  The commission shall adopt procedures for the resolution
 20-3    of disputes in a timely manner, which in no event shall exceed 60
 20-4    days.
 20-5          Sec. 17.158.  CONSISTENCY WITH FEDERAL LAW.  Rules adopted by
 20-6    the commission under this subchapter shall be consistent with and
 20-7    not more burdensome than applicable federal laws and rules.
 20-8          SECTION 4.  Subdivision (10), Section 51.002, Utilities Code,
 20-9    is amended to read as follows:
20-10                (10)  "Telecommunications provider":
20-11                      (A)  means:
20-12                            (i)  a certificated telecommunications
20-13    utility;
20-14                            (ii)  a shared tenant service provider;
20-15                            (iii)  a nondominant carrier of
20-16    telecommunications services;
20-17                            (iv)  a provider of commercial mobile
20-18    service as defined by Section 332(d), Communications Act of 1934
20-19    (47 U.S.C. Section 151 et seq.), Federal Communications Commission
20-20    rules, and the Omnibus Budget Reconciliation Act of 1993 (Public
20-21    Law 103-66), except that the term does not include these entities
20-22    for the purposes of Chapter 17 or 55;
20-23                            (v)  a telecommunications entity that
20-24    provides central office based PBX-type sharing or resale
20-25    arrangements;
20-26                            (vi)  an interexchange telecommunications
 21-1    carrier;
 21-2                            (vii)  a specialized common carrier;
 21-3                            (viii)  a reseller of communications;
 21-4                            (ix)  a provider of operator services;
 21-5                            (x)  a provider of customer-owned pay
 21-6    telephone service; or
 21-7                            (xi)  another person or entity determined
 21-8    by the commission to provide telecommunications services to
 21-9    customers in this state; and
21-10                      (B)  does not mean:
21-11                            (i)  a provider of enhanced or information
21-12    services, or another user of telecommunications services, who does
21-13    not also provide telecommunications services; or
21-14                            (ii)  a state agency or state institution
21-15    of higher education, or a service provided by a state agency or
21-16    state institution of higher education.
21-17          SECTION 5.  Subchapter A, Chapter 55, Utilities Code, is
21-18    amended by adding Section 55.012 to read as follows:
21-19          Sec. 55.012.  LIMITATIONS ON DISCONTINUANCE OF BASIC LOCAL
21-20    TELECOMMUNICATIONS SERVICE.  (a)  A provider of basic local
21-21    telecommunications service may not discontinue that service because
21-22    of nonpayment by a residential customer of charges for long
21-23    distance service.  Payment shall first be allocated to basic local
21-24    telecommunications service.
21-25          (b)  For purposes of allocating payment in this section, if
21-26    the provider of basic local telecommunications service bundles its
 22-1    basic local telecommunications service with long distance service
 22-2    or any other service and provides a discount for the basic local
 22-3    telecommunications service because of that bundling, the rate of
 22-4    basic local telecommunications service shall be the rate the
 22-5    provider charges for stand-alone basic local telecommunications
 22-6    service.
 22-7          (c)  Notwithstanding Subsection (a), the commission shall
 22-8    adopt and implement rules, not later than January 1, 2000, to
 22-9    prevent customer abuse of the protections afforded by this section.
22-10    The rules must include:
22-11                (1)  provisions requiring a provider of basic local
22-12    telecommunications service to offer and implement, at the request
22-13    and expense of a long distance service provider, toll blocking
22-14    capability to limit a customer's ability to incur additional
22-15    charges for long distance services after nonpayment for long
22-16    distance services; and
22-17                (2)  provisions regarding fraudulent activity in
22-18    response to which a provider may discontinue a residential
22-19    customer's basic local telecommunications service.
22-20          (d)  Notwithstanding any other provision of this title, the
22-21    commission has all jurisdiction necessary to establish a maximum
22-22    price that an incumbent local exchange company may charge a long
22-23    distance service provider to initiate the toll blocking capability
22-24    required to be offered under the rules adopted under Subsection
22-25    (c).  The maximum price established under this subsection shall be
22-26    observed by all providers of basic local telecommunications service
 23-1    in the incumbent local exchange company's certificated service
 23-2    area.  Notwithstanding Sections 52.102 and 52.152, the commission
 23-3    has all jurisdiction necessary to enforce this section.
 23-4          SECTION 6.  Section 3.312, Public Utility Regulatory Act of
 23-5    1995 (Article 1446c-0, Vernon's Texas Civil Statutes), as added by
 23-6    Section 1, Chapter 919, Acts of the 75th Legislature, Regular
 23-7    Session, 1997, is codified as Subchapter K, Chapter 55, Utilities
 23-8    Code, and amended to read as follows:
 23-9         SUBCHAPTER K.  SELECTION OF TELECOMMUNICATIONS UTILITIES
23-10          Sec. 55.301.  STATE POLICY.  It is the policy of this state
23-11    to ensure that all customers are protected from the unauthorized
23-12    switching of a telecommunications utility selected by the customer
23-13    to provide telecommunications service.
23-14          Sec. 55.302.  COMMISSION RULES.  (a)  The commission shall
23-15    adopt nondiscriminatory and competitively neutral rules to
23-16    implement this subchapter, including rules that:
23-17                (1)  ensure that customers are protected from deceptive
23-18    practices in the obtaining of authorizations and verifications
23-19    required by this subchapter;
23-20                (2)  are applicable to all local exchange telephone
23-21    services, interexchange telecommunications service, and other
23-22    telecommunications service provided by telecommunications utilities
23-23    in this state;
23-24                (3)  are consistent with the rules and regulations
23-25    prescribed by the Federal Communications Commission for the
23-26    selection of telecommunications utilities;
 24-1                (4)  permit telecommunications utilities to select any
 24-2    method of verification of a [carrier-initiated] change order
 24-3    authorized by Section 55.303;
 24-4                (5)  [require telecommunications utilities to maintain
 24-5    records relating to a customer-initiated change in accordance with
 24-6    Section 55.304;]
 24-7                [(6)]  require the reversal of  certain changes in the
 24-8    selection of a customer's telecommunications utility in accordance
 24-9    with Section 55.304(a) [55.305(a)];
24-10                (6) [(7)]  prescribe, in accordance with Section
24-11    55.304(b) [55.305(b)], the duties of a telecommunications utility
24-12    that initiates an unauthorized customer change; and
24-13                (7) [(8)]  provide for corrective action and the
24-14    imposition of penalties in accordance with Sections 55.305 [55.306]
24-15    and 55.306 [55.307].
24-16          (b)  The commission is granted all necessary jurisdiction to
24-17    adopt rules required by this subchapter and to enforce those rules
24-18    and this  subchapter.
24-19          (c)  The commission may notify customers of their rights
24-20    under the rules.
24-21          Sec. 55.303.  VERIFICATION OF [CARRIER-INITIATED] CHANGE.
24-22    [(a)]  A telecommunications utility may verify a
24-23    [carrier-initiated] change order by:
24-24                (1)  obtaining written authorization from the customer;
24-25                (2)  obtaining a toll-free electronic authorization
24-26    placed from the telephone number that is the subject of the change
 25-1    order; or
 25-2                (3)  an oral authorization obtained by an independent
 25-3    third party.
 25-4          [(b)  In addition to the methods provided by Subsection (a),
 25-5    a telecommunications utility may verify a carrier-initiated change
 25-6    order by mailing to the customer an information package that is
 25-7    consistent with the requirements of 47 C.F.R.  Section 64.1100(d)
 25-8    and that contains a postage-prepaid postcard or mailer.  The change
 25-9    is considered verified if the telecommunications utility does not
25-10    receive a cancellation of the change order from the customer within
25-11    14 days after the date of the mailing.]
25-12          [Sec. 55.304.  CUSTOMER-INITIATED CHANGE.  (a)  A
25-13    telecommunications utility to whom a customer has changed its
25-14    service on the initiative of the customer shall maintain a record
25-15    of nonpublic customer-specific information that could be used to
25-16    establish that the customer authorized the change.]
25-17          [(b)  Notwithstanding Subsection (a), if the Federal
25-18    Communications Commission requires verification, the
25-19    telecommunications utility shall use the verification methods
25-20    required by the Federal Communications Commission.]
25-21          Sec. 55.304 [55.305].  UNAUTHORIZED CHANGE.  (a)  If a change
25-22    in the selection of a customer's telecommunications utility is not
25-23    made or verified in accordance with this subchapter, the change, on
25-24    request by the customer, shall be reversed within a period
25-25    established by commission ruling.
25-26          (b)  A telecommunications utility that initiates an
 26-1    unauthorized customer change shall:
 26-2                (1)  pay all usual and customary charges associated
 26-3    with returning the customer to its original telecommunications
 26-4    utility;
 26-5                (2)  pay the telecommunications utility from which the
 26-6    customer was changed any amount paid by the customer that would
 26-7    have been paid to that telecommunications utility if the
 26-8    unauthorized change had not been made;
 26-9                (3)  return to the customer any amount paid by the
26-10    customer that exceeds the charges that would have been imposed for
26-11    identical services by the telecommunications utility from which the
26-12    customer was changed if the unauthorized change had not been made;
26-13    and
26-14                (4)  provide to the original telecommunications utility
26-15    from which the customer was changed all billing records to enable
26-16    that telecommunications utility to comply with this subchapter.
26-17          (c)  The telecommunications utility from which the customer
26-18    was changed shall provide to the customer all benefits associated
26-19    with the service on receipt of payment for service provided during
26-20    the unauthorized change.
26-21          (d)  A customer is not liable for charges incurred during the
26-22    first 30 days after the date of an unauthorized carrier change.
26-23          Sec. 55.305 [55.306].  CORRECTIVE ACTION AND PENALTIES.
26-24    (a)  If the commission finds that a telecommunications utility has
26-25    repeatedly violated the commission's telecommunications utility
26-26    selection rules, the commission shall order the utility to take
 27-1    corrective action as necessary.  In addition, the utility may be
 27-2    subject to administrative penalties under Sections 15.023-15.027.
 27-3          (b)  An administrative penalty collected under this section
 27-4    shall be used to enforce this subchapter.
 27-5          Sec. 55.306 [55.307].  REPEATED AND RECKLESS VIOLATION.  If
 27-6    the commission finds that a telecommunications utility has
 27-7    repeatedly and recklessly violated the commission's
 27-8    telecommunications utility selection rules, the commission may, if
 27-9    consistent with the public interest, suspend, restrict, deny, or
27-10    revoke the registration or certificate, including an amended
27-11    certificate, of the telecommunications utility and, by taking that
27-12    action, deny the telecommunications utility the right to provide
27-13    service in this state.
27-14          Sec. 55.307.  DECEPTIVE OR FRAUDULENT PRACTICE.  The
27-15    commission may prohibit a utility from engaging in a deceptive or
27-16    fraudulent practice, including a marketing practice, involving the
27-17    selection of a customer's telecommunications utility.  The
27-18    commission may define deceptive and fraudulent practices to which
27-19    this section applies.
27-20          SECTION 7.  The importance of this legislation and the
27-21    crowded condition of the calendars in both houses create an
27-22    emergency and an imperative public necessity that the
27-23    constitutional rule requiring bills to be read on three several
27-24    days in each house be suspended, and this rule is hereby suspended,
27-25    and that this Act take effect and be in force from and after its
27-26    passage, and it is so enacted.
                                                                 S.B. No. 86
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 86 passed the Senate on
         March 3, 1999, by the following vote:  Yeas 31, Nays 0;
         May 28, 1999, Senate refused to concur in House amendments and
         requested appointment of Conference Committee; May 29, 1999, House
         granted request of the Senate; May 30, 1999, Senate adopted
         Conference Committee Report by the following vote:  Yeas 30,
         Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 86 passed the House, with
         amendments, on May 22, 1999, by a non-record vote; May 29, 1999,
         House granted request of the Senate for appointment of Conference
         Committee; May 30, 1999, House adopted Conference Committee Report
         by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         ________________________________
                      Date
         ________________________________
                    Governor