76R14486 E                          
         By Nelson, et al.                                       S.B. No. 86
         Substitute the following for S.B. No. 86:
         By Danburg                                          C.S.S.B. No. 86
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the protection of telecommunications and electric
 1-3     services customers; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.002, Utilities Code, is amended by
 1-6     adding Subsection (c) to read as follows:
 1-7           (c)  Significant changes have occurred in the
 1-8     telecommunications and electric power industries since the Public
 1-9     Utility Regulatory Act was originally adopted.  Changes in
1-10     technology and market structure have increased the need for minimum
1-11     standards of service quality, customer service, and fair business
1-12     practices to ensure high-quality service to customers and a healthy
1-13     marketplace where competition is permitted by law.  It is the
1-14     purpose of this title to grant the Public Utility Commission of
1-15     Texas authority to make and enforce rules necessary to protect
1-16     customers of telecommunications and electric services consistent
1-17     with the public interest.
1-18           SECTION 2.  Section 15.024(c), Utilities Code, is amended to
1-19     read as follows:
1-20           (c)  A penalty may not be assessed under this section if the
1-21     person against whom the penalty may be assessed remedies the
1-22     violation before the 31st day after the date the person receives
1-23     the notice under Subsection (b).  A person who claims to have
1-24     remedied an alleged violation has the burden of proving to the
 2-1     commission that the alleged violation was remedied and was
 2-2     accidental or inadvertent.  This subsection does not apply to a
 2-3     violation of Chapter 17 or 55.
 2-4           SECTION 3.  Subtitle A, Title 2, Utilities Code, is amended
 2-5     by adding Chapter 17 to read as follows:
 2-6                      CHAPTER 17.  CUSTOMER PROTECTION
 2-7                      SUBCHAPTER A.  GENERAL PROVISIONS
 2-8           Sec. 17.001.  CUSTOMER PROTECTION POLICY.  (a)  The
 2-9     legislature finds that new developments in telecommunications
2-10     services and the production and delivery of electricity, as well as
2-11     changes in market structure, marketing techniques, and technology,
2-12     make it essential that customers have safeguards against
2-13     fraudulent, unfair, misleading, deceptive, or anticompetitive
2-14     business practices and against businesses that do not have the
2-15     technical and financial resources to provide adequate service.
2-16           (b)  The purpose of this chapter is to establish retail
2-17     customer protection standards and confer on the commission
2-18     authority to adopt and enforce rules to protect retail customers
2-19     from fraudulent, unfair, misleading, deceptive, or anticompetitive
2-20     practices.
2-21           (c)  Nothing in this section shall be construed to abridge
2-22     customer rights set forth in commission rules in effect at the time
2-23     of the enactment of this chapter.
2-24           (d)  This chapter does not limit the constitutional,
2-25     statutory, and common law authority of the office of the attorney
2-26     general.
2-27           (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
3-27     utility.
 4-1                 (7)  "Service provider" means any entity that offers a
 4-2     product or service to a customer and that directly or indirectly
 4-3     charges to or collects from a customer's bill an amount for the
 4-4     product or service on a customer's bill received from a billing
 4-5     utility.
 4-6                 (8)  "Telecommunications utility" has the meaning
 4-7     assigned by Section 51.002.
 4-8           Sec. 17.003.  CUSTOMER AWARENESS.  (a)  The commission shall
 4-9     promote public awareness of changes in the electric and
4-10     telecommunications markets, provide customers with information
4-11     necessary to make informed choices about available options, and
4-12     ensure that customers have an adequate understanding of their
4-13     rights.
4-14           (b)  The commission shall compile a report on customer
4-15     service at least once each year showing the comparative customer
4-16     information from reports given to the commission it deems
4-17     necessary.
4-18           (c)  The commission shall adopt and enforce rules to require
4-19     a certificated telecommunications utility, a retail electric
4-20     provider, or an electric utility to give clear, uniform, and
4-21     understandable information to customers about rates, terms,
4-22     services, customer rights, and other necessary information as
4-23     determined by the commission.
4-24           (d)  Customer awareness efforts by the commission shall be
4-25     conducted in English and Spanish and any other language as
4-26     necessary.
4-27           Sec. 17.004.  CUSTOMER PROTECTION STANDARDS.  (a)  All buyers
 5-1     of telecommunications and retail electric services are entitled to:
 5-2                 (1)  protection from fraudulent, unfair, misleading,
 5-3     deceptive, or anticompetitive practices, including protection from
 5-4     being billed for services that were not authorized or provided;
 5-5                 (2)  choice of a telecommunications service provider, a
 5-6     retail electric provider, or an electric utility, where that choice
 5-7     is permitted by law, and to have that choice honored;
 5-8                 (3)  information in English and Spanish and any other
 5-9     language as the commission deems necessary concerning rates, key
5-10     terms and conditions, and the basis for any claim of environmental
5-11     benefits of certain production facilities;
5-12                 (4)  protection from discrimination on the basis of
5-13     race, color, sex, nationality, religion, marital status, income
5-14     level, or source of income and from unreasonable discrimination on
5-15     the basis of geographic location;
5-16                 (5)  impartial and prompt resolution of disputes with a
5-17     certificated telecommunications utility, a retail electric
5-18     provider, or an electric utility and disputes with a
5-19     telecommunications service provider related to unauthorized charges
5-20     and switching of service;
5-21                 (6)  privacy of customer consumption and credit
5-22     information;
5-23                 (7)  accuracy of metering and billing;
5-24                 (8)  bills presented in a clear, readable format and
5-25     easy-to-understand language;
5-26                 (9)  information in English and Spanish and any other
5-27     language as the commission deems necessary concerning low-income
 6-1     assistance programs and deferred payment plans;
 6-2                 (10)  all consumer protections and disclosures
 6-3     established by the Fair Credit Reporting Act (15 U.S.C. Section
 6-4     1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
 6-5     et seq.); and
 6-6                 (11)  programs that offer eligible low-income customers
 6-7     energy efficiency programs, an affordable rate package, and bill
 6-8     payment assistance programs designed to reduce uncollectible
 6-9     accounts.
6-10           (b)  The commission may adopt and enforce rules as necessary
6-11     or appropriate to carry out this section, including rules for
6-12     minimum service standards for a certificated telecommunications
6-13     utility, a retail electric provider, or an electric utility
6-14     relating to customer deposits and the extension of credit,
6-15     switching fees, levelized billing programs, and termination of
6-16     service and to energy efficiency programs, an affordable rate
6-17     package, and bill payment assistance programs for low-income
6-18     customers.  The commission may waive language requirements for good
6-19     cause.
6-20           (c)  The commission shall request the comments of the office
6-21     of the attorney general in developing the rules that may be
6-22     necessary or appropriate to carry out this section.
6-23           (d)  The commission shall coordinate its enforcement efforts
6-24     regarding the prosecution of fraudulent, misleading, deceptive, and
6-25     anticompetitive business practices with the office of the attorney
6-26     general in order to ensure consistent treatment of specific alleged
6-27     violations.
 7-1           (e)  Nothing in this section shall be construed to abridge
 7-2     customer rights set forth in commission rules in effect at the time
 7-3     of the enactment of this chapter.
 7-4           Sec. 17.005.  PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED
 7-5     UTILITIES.  A municipally owned utility may not be deemed to be a
 7-6     "service provider" or "billing agent" for purposes of Sections
 7-7     17.156(b) and (e).  For electric customers within a municipally
 7-8     owned utility's certificated service area or otherwise served
 7-9     through its distribution facilities, the governing body of a
7-10     municipally owned utility shall adopt, implement, and enforce rules
7-11     that shall have the effect of accomplishing the objectives set out
7-12     in Sections 17.004(a) and (b) and 17.102.  The governing body of a
7-13     municipally owned utility or its designee shall perform the dispute
7-14     resolution function provided for by Section 17.157 for electric
7-15     customers served within the municipally owned utility's
7-16     certificated service area or otherwise served through its
7-17     distribution facilities.  With respect to electric customers served
7-18     by a municipally owned utility outside its certificated service
7-19     area or otherwise served through others' distribution facilities,
7-20     after retail competition begins as authorized by the legislature,
7-21     the provisions of this chapter as administered by the commission
7-22     apply.  Nothing in this chapter shall be deemed to apply to a
7-23     wholesale customer of a municipally owned utility.
7-24                 SUBCHAPTER B.  CERTIFICATION, REGISTRATION,
7-25                         AND REPORTING REQUIREMENTS
7-26           Sec. 17.051.  ADOPTION OF RULES.  (a)  The commission shall
7-27     adopt rules relating to certification, registration, and reporting
 8-1     requirements for a certificated telecommunications utility, a
 8-2     retail electric provider, or an electric utility, as well as all
 8-3     telecommunications utilities that are not dominant carriers, pay
 8-4     telephone providers, qualifying facilities that are selling
 8-5     capacity into the wholesale or retail market, exempt wholesale
 8-6     generators, and power marketers.
 8-7           (b)  The rules adopted under Subsection (a) shall be
 8-8     consistent with and no less effective than federal law and may not
 8-9     require the disclosure of highly sensitive competitive or trade
8-10     secret information.
8-11           Sec. 17.052.  SCOPE OF RULES.  The commission may adopt and
8-12     enforce rules to:
8-13                 (1)  require certification or registration with the
8-14     commission as a condition of doing business in this state, except
8-15     that this requirement does not apply to municipally owned
8-16     utilities;
8-17                 (2)  amend certificates or registrations to reflect
8-18     changed ownership and control;
8-19                 (3)  establish rules for customer service and
8-20     protection;
8-21                 (4)  suspend or revoke certificates or registrations
8-22     for repeated violations of this chapter or commission rules, except
8-23     that the commission may not revoke a certificate of convenience and
8-24     necessity of an electric utility except as provided by Section
8-25     37.059 or a certificate of convenience and necessity of a
8-26     telecommunications utility except as provided by Section 54.008;
8-27     and
 9-1                 (5)  order disconnection of a pay telephone service
 9-2     provider's pay telephones or revocation of certification or
 9-3     registration for repeated violations of this chapter or commission
 9-4     rules.
 9-5           Sec. 17.053.  REPORTS.  The commission may require a
 9-6     telecommunications service provider, a retail electric provider, or
 9-7     an electric utility to submit reports to the commission concerning
 9-8     any matter over which it has authority under this chapter.
 9-9                  SUBCHAPTER C.  CUSTOMER'S RIGHT TO CHOICE
9-10           Sec. 17.101.  POLICY.  It is the policy of this state that
9-11     all customers be protected from the unauthorized switching of a
9-12     telecommunications service provider, a retail electric provider, or
9-13     an electric utility selected by the customer to provide service,
9-14     where choice is permitted by law.
9-15           Sec. 17.102.  RULES RELATING TO CHOICE.  The commission shall
9-16     adopt and enforce rules that:
9-17                 (1)  ensure that customers are protected from deceptive
9-18     practices employed in obtaining authorizations of service and in
9-19     the verification of change orders, including negative option
9-20     marketing, sweepstakes, and contests that cause customers to
9-21     unknowingly change their telecommunications service provider,
9-22     retail electric provider, or electric utility, where choice is
9-23     permitted by law;
9-24                 (2)  provide for clear, easily understandable
9-25     identification, in each bill sent to a customer, of all
9-26     telecommunications service providers, retail electric providers, or
9-27     electric utilities submitting charges on the bill;
 10-1                (3)  ensure that every service provider submitting
 10-2    charges on the bill is clearly and easily identified on the bill
 10-3    along with its services, products, and charges;
 10-4                (4)  provide that unauthorized changes in service be
 10-5    remedied at no cost to the customer within a period established by
 10-6    the commission;
 10-7                (5)  require refunds or credits to the customer in the
 10-8    event of an unauthorized change; and
 10-9                (6)  provide for penalties for violations of commission
10-10    rules adopted under this section, including fines and revocation of
10-11    certificates or registrations, by this action denying the
10-12    certificated telecommunications utility, the retail electric
10-13    provider, or the electric utility the right to provide service in
10-14    this state, except 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 or a certificate of convenience and
10-17    necessity of a telecommunications utility except as provided by
10-18    Section 54.008.
10-19          SUBCHAPTER D.  PROTECTION AGAINST UNAUTHORIZED CHARGES
10-20          Sec. 17.151.  REQUIREMENTS FOR SUBMITTING CHARGES.  (a)  A
10-21    service provider, retail electric provider, or billing agent may
10-22    submit charges for a new product or service to be billed on a
10-23    customer's telephone or retail electric bill on or after the
10-24    effective date of this section only if:
10-25                (1)  the service provider offering the product or
10-26    service has thoroughly informed the customer of the product or
10-27    service being offered, including all associated charges, and has
 11-1    explicitly informed the customer that the associated charges for
 11-2    the product or service will appear on the customer's telephone or
 11-3    electric bill;
 11-4                (2)  the customer has clearly and explicitly consented
 11-5    to obtain the product or service offered and to have the associated
 11-6    charges appear on the customer's telephone or electric bill and the
 11-7    consent has been verified as provided by Subsection (b); and
 11-8                (3)  the service provider offering the product or
 11-9    service and any billing agent for the service provider:
11-10                      (A)  has provided the customer with a toll-free
11-11    telephone number the customer may call and an address to which the
11-12    customer may write to resolve any billing dispute and to answer
11-13    questions; and
11-14                      (B)  has contracted with the billing utility to
11-15    bill for products and services on the billing utility's bill as
11-16    provided by Subsection (c).
11-17          (b)  The customer consent required by Subsection (a)(2) must
11-18    be verified by the service provider offering the product or service
11-19    by authorization from the customer.  A record of the customer
11-20    consent, including verification, must be maintained by the service
11-21    provider offering the product or service for a period of at least
11-22    24 months immediately after the consent and verification have been
11-23    obtained.  The method of obtaining customer consent and
11-24    verification must include one or more of the following:
11-25                (1)  written authorization from the customer;
11-26                (2)  toll-free electronic authorization placed from the
11-27    telephone number that is the subject of the product or service;
 12-1                (3)  oral authorization obtained by an independent
 12-2    third party; or
 12-3                (4)  any other method of authorization approved by the
 12-4    commission or the Federal Communications Commission.
 12-5          (c)  The contract required by Subsection (a)(3)(B) must
 12-6    include the service provider's name, business address, and business
 12-7    telephone number and shall be maintained by the billing utility for
 12-8    as long as the billing for the products and services continues and
 12-9    for the 24 months immediately following the permanent
12-10    discontinuation of the billing.
12-11          (d)  A service provider offering a product or service to be
12-12    charged on a customer's telephone or electric bill and any billing
12-13    agent for the service provider may not use any fraudulent, unfair,
12-14    misleading, deceptive, or anticompetitive marketing practice to
12-15    obtain customers, including the use of negative option marketing,
12-16    sweepstakes, and contests.
12-17          (e)  Unless verification is required by federal law or rules
12-18    implementing federal law, Subsection (b) does not apply to
12-19    customer-initiated transactions with a certificated
12-20    telecommunications provider or an electric utility for which the
12-21    service provider has the appropriate documentation.
12-22          (f)  If a service provider is notified by a billing utility
12-23    that a customer has reported to the billing utility that a charge
12-24    made by the service provider is unauthorized, the service provider
12-25    shall cease to charge the customer for the unauthorized product or
12-26    service.
12-27          (g)  This section does not apply to message
 13-1    telecommunications services charges that are initiated by dialing
 13-2    1+, 0+, 0-, 1010XXX, or collect calls and charges for video
 13-3    services if the service provider has the necessary call detail
 13-4    record to establish the billing for the call or service.
 13-5          Sec. 17.152.  RESPONSIBILITIES OF BILLING UTILITY.  (a)  If a
 13-6    customer's telephone or retail electric bill is charged for any
 13-7    product or service without proper customer consent or verification,
 13-8    the billing utility, on its knowledge or notification of any
 13-9    unauthorized charge, shall promptly, not later than 45 days after
13-10    the date of knowledge or notification of the charge:
13-11                (1)  notify the service provider to cease charging the
13-12    customer for the unauthorized product or service;
13-13                (2)  remove any unauthorized charge from the customer's
13-14    bill;
13-15                (3)  refund or credit to the customer all money that
13-16    has been paid by the customer for any unauthorized charge, and if
13-17    the unauthorized charge is not adjusted within three billing
13-18    cycles, shall pay interest on the amount of the unauthorized
13-19    charge;
13-20                (4)  on the customer's request, provide the customer
13-21    with all billing records under its control related to any
13-22    unauthorized charge within 15 business days after the date of the
13-23    removal of the unauthorized charge from the customer's bill; and
13-24                (5)  maintain for at least 24 months a record of every
13-25    customer who has experienced any unauthorized charge for a product
13-26    or service on the customer's telephone or electric bill and who has
13-27    notified the billing utility of the unauthorized charge.
 14-1          (b)  A record required by Subsection (a)(5) shall contain for
 14-2    each unauthorized charge:
 14-3                (1)  the name of the service provider that offered the
 14-4    product or service;
 14-5                (2)  any affected telephone numbers or addresses;
 14-6                (3)  the date the customer requested that the billing
 14-7    utility remove the unauthorized charge;
 14-8                (4)  the date the unauthorized charge was removed from
 14-9    the customer's telephone or electric bill; and
14-10                (5)  the date any money that the customer paid for the
14-11    unauthorized charges was refunded or credited to the customer.
14-12          (c)  A billing utility may not:
14-13                (1)  disconnect or terminate telecommunications or
14-14    electric service to any customer for nonpayment of an unauthorized
14-15    charge;
14-16                (2)  file an unfavorable credit report against a
14-17    customer who has not paid charges the customer has alleged were
14-18    unauthorized unless the dispute regarding the unauthorized charge
14-19    is ultimately resolved against the customer, except that the
14-20    customer shall remain obligated to pay any charges that are not in
14-21    dispute, and this subsection does not apply to those undisputed
14-22    charges; or
14-23                (3)  interrupt or terminate local exchange service if
14-24    charges for local exchange service are paid, unless the customer's
14-25    local exchange service provider:
14-26                      (A)  offers to the customer prepaid local
14-27    telephone service in accordance with terms and conditions
 15-1    established by the commission; and
 15-2                      (B)  provides eligible customers with notice of
 15-3    their eligibility for this service in accordance with commission
 15-4    rules.
 15-5          Sec. 17.153.  RECORDS OF DISPUTED CHARGES.  (a)  Every
 15-6    service provider shall maintain a record of every disputed charge
 15-7    for a product or service placed on a customer's bill.
 15-8          (b)  The record required under Subsection (a) shall contain
 15-9    for every disputed charge:
15-10                (1)  any affected telephone numbers or addresses;
15-11                (2)  the date the customer requested that the billing
15-12    utility remove the unauthorized charge;
15-13                (3)  the date the unauthorized charge was removed from
15-14    the customer's telephone or retail electric bill; and
15-15                (4)  the date action was taken to refund or credit to
15-16    the customer any money that the customer paid for the unauthorized
15-17    charges.
15-18          (c)  The record required by Subsection (a) shall be
15-19    maintained for at least 24 months following the completion of all
15-20    steps required by Section 17.152(a).
15-21          Sec. 17.154.  NOTICE.  (a)  A billing utility shall provide
15-22    notice of a customer's rights under this section in the manner
15-23    prescribed by the commission.
15-24          (b)  Notice of a customer's rights must be provided by mail
15-25    to each residential and retail business customer within 60 days of
15-26    the effective date of this section or by inclusion in the
15-27    publication of the telephone directory next following the effective
 16-1    date of this section.  In addition, each billing utility shall send
 16-2    the notice to new customers at the time service is initiated or to
 16-3    any customer at that customer's request.
 16-4          Sec. 17.155.  PROVIDING COPY OF RECORDS.  A billing utility
 16-5    shall provide a copy of records maintained under Sections 17.152,
 16-6    17.153, and 17.154 to the commission staff on request.
 16-7          Sec. 17.156.  VIOLATIONS.  (a)  If the commission finds that
 16-8    a billing utility violated this subchapter, the commission may
 16-9    implement penalties and other enforcement actions under Chapter 15.
16-10          (b)  If the commission finds that any other service provider
16-11    or billing agent subject to this subchapter has violated this
16-12    subchapter or has knowingly provided false information to the
16-13    commission on matters subject to this subchapter, the commission
16-14    may enforce the provisions of Chapter 15 against the service
16-15    provider or billing agent as if it were regulated by the
16-16    commission.
16-17          (c)  Neither the authority granted under this section nor any
16-18    other provision of this subchapter shall be construed to grant the
16-19    commission jurisdiction to regulate service providers or billing
16-20    agents who are not otherwise subject to commission regulation,
16-21    other than as specifically provided by this chapter.
16-22          (d)  If the commission finds that a billing utility or
16-23    service provider repeatedly violates this subchapter, the
16-24    commission may, if the action is consistent with the public
16-25    interest, suspend, restrict, or revoke the registration or
16-26    certificate of the telecommunications service provider, retail
16-27    electric provider, or electric utility, by this action denying the
 17-1    telecommunications service provider, retail electric provider, or
 17-2    electric utility the right to provide service in this state, except
 17-3    that the commission may not revoke a certificate of convenience and
 17-4    necessity of an electric utility except as provided by Section
 17-5    37.059 or a certificate of convenience and necessity of a
 17-6    telecommunications utility except as provided by Section 54.008.
 17-7          (e)  If the commission finds that a service provider or
 17-8    billing agent has repeatedly violated any provision of this
 17-9    subchapter, the commission may order the billing utility to
17-10    terminate billing and collection services for that service provider
17-11    or billing agent.
17-12          (f)  Nothing in this subchapter shall be construed to
17-13    preclude a billing utility from taking action on its own to
17-14    terminate or restrict its billing and collection services.
17-15          Sec. 17.157.  DISPUTES.  (a) The commission may resolve
17-16    disputes between a retail customer and a billing utility, service
17-17    provider, telecommunications utility, retail electric provider, or
17-18    electric utility.
17-19          (b)  In exercising its authority under Subsection (a), the
17-20    commission may:
17-21                (1)  order a billing utility, service provider, retail
17-22    electric provider, or electric utility to produce information or
17-23    records;
17-24                (2)  require that all contracts, bills, and other
17-25    communications from a billing utility, service provider, retail
17-26    electric provider, or electric utility display a working toll-free
17-27    telephone number that customers may call with complaints and
 18-1    inquiries;
 18-2                (3)  require a billing utility, service provider,
 18-3    retail electric provider, or electric utility to refund or credit
 18-4    overcharges or unauthorized charges with interest if the billing
 18-5    utility, service provider, retail electric provider, or electric
 18-6    utility has failed to comply with commission rules or a contract
 18-7    with the customer;
 18-8                (4)  order appropriate relief to ensure that a
 18-9    customer's choice of a telecommunications service provider, a
18-10    retail electric provider, or an electric utility that encompasses a
18-11    geographic area in which more than one provider has been
18-12    certificated is honored;
18-13                (5)  require the continuation of service to a
18-14    residential or small commercial customer while a dispute is pending
18-15    regarding charges the customer has alleged were unauthorized; and
18-16                (6)  investigate an alleged violation.
18-17          (c)  The commission shall adopt procedures for the resolution
18-18    of disputes in a timely manner, which in no event shall exceed 60
18-19    days.
18-20          Sec. 17.158.  CONSISTENCY WITH FEDERAL LAW.  Rules adopted by
18-21    the commission under this subchapter shall be consistent with and
18-22    not more burdensome than applicable federal laws and rules.
18-23          SECTION 4.  Section 51.002(10), Utilities Code, is amended to
18-24    read as follows:
18-25                (10)  "Telecommunications provider":
18-26                      (A)  means:
18-27                            (i)  a certificated telecommunications
 19-1    utility;
 19-2                            (ii)  a shared tenant service provider;
 19-3                            (iii)  a nondominant carrier of
 19-4    telecommunications services;
 19-5                            (iv)  a provider of commercial mobile
 19-6    service as defined by Section 332(d), Communications Act of 1934
 19-7    (47 U.S.C.  Section 151 et seq.), Federal Communications Commission
 19-8    rules, and the Omnibus Budget Reconciliation Act of 1993 (Public
 19-9    Law 103-66), except that the term does not include these entities
19-10    for the purposes of Chapter 17 or 55;
19-11                            (v)  a telecommunications entity that
19-12    provides central office based PBX-type sharing or resale
19-13    arrangements;
19-14                            (vi)  an interexchange telecommunications
19-15    carrier;
19-16                            (vii)  a specialized common carrier;
19-17                            (viii)  a reseller of communications;
19-18                            (ix)  a provider of operator services;
19-19                            (x)  a provider of customer-owned pay
19-20    telephone service; or
19-21                            (xi)  another person or entity determined
19-22    by the commission to provide telecommunications services to
19-23    customers in this state; and
19-24                      (B)  does not mean:
19-25                            (i)  a provider of enhanced or information
19-26    services, or another user of telecommunications services, who does
19-27    not also provide telecommunications services; or
 20-1                            (ii)  a state agency or state institution
 20-2    of higher education, or a service provided by a state agency or
 20-3    state institution of higher education.
 20-4          SECTION 5.  Section 3.312, Public Utility Regulatory Act of
 20-5    1995 (Article 1446c-0, Vernon's Texas Civil Statutes), as added by
 20-6    Section 1, Chapter 919, Acts of the 75th Legislature, Regular
 20-7    Session, 1997, is codified as Subchapter K, Chapter 55, Utilities
 20-8    Code, and amended to read as follows:
 20-9         SUBCHAPTER K.  SELECTION OF TELECOMMUNICATIONS UTILITIES
20-10          Sec. 55.301.  STATE POLICY.  It is the policy of this state
20-11    to ensure that all customers are protected from the unauthorized
20-12    switching of a telecommunications utility selected by the customer
20-13    to provide telecommunications service.
20-14          Sec. 55.302.  COMMISSION RULES.  (a)  The commission shall
20-15    adopt nondiscriminatory and competitively neutral rules to
20-16    implement this subchapter, including rules that:
20-17                (1)  ensure that customers are protected from deceptive
20-18    practices in the obtaining of authorizations and verifications
20-19    required by this subchapter;
20-20                (2)  are applicable to all local exchange telephone
20-21    services, interexchange telecommunications service, and other
20-22    telecommunications service provided by telecommunications utilities
20-23    in this state;
20-24                (3)  are consistent with the rules and regulations
20-25    prescribed by the Federal Communications Commission for the
20-26    selection of telecommunications utilities;
20-27                (4)  permit telecommunications utilities to select any
 21-1    method of verification of a [carrier-initiated] change order
 21-2    authorized by Section 55.303;
 21-3                (5)  [require telecommunications utilities to maintain
 21-4    records relating to a customer-initiated change in accordance with
 21-5    Section 55.304;]
 21-6                [(6)]  require the reversal of  certain changes in the
 21-7    selection of a customer's telecommunications utility in accordance
 21-8    with Section 55.304(a) [55.305(a)];
 21-9                (6) [(7)]  prescribe, in accordance with Section
21-10    55.304(b) [55.305(b)], the duties of a telecommunications utility
21-11    that initiates an unauthorized customer change; and
21-12                (7) [(8)]  provide for corrective action and the
21-13    imposition of penalties in accordance with Sections 55.305 [55.306]
21-14    and 55.306 [55.307].
21-15          (b)  The commission is granted all necessary jurisdiction to
21-16    adopt rules required by this subchapter and to enforce those rules
21-17    and this  subchapter.
21-18          (c)  The commission may notify customers of their rights
21-19    under the rules.
21-20          Sec. 55.303.  VERIFICATION OF [CARRIER-INITIATED] CHANGE.
21-21    [(a)]  A telecommunications utility may verify a
21-22    [carrier-initiated] change order by:
21-23                (1)  obtaining written authorization from the customer;
21-24                (2)  obtaining a toll-free electronic authorization
21-25    placed from the telephone number that is the subject of the change
21-26    order; or
21-27                (3)  an oral authorization obtained by an independent
 22-1    third party.
 22-2          [(b)  In addition to the methods provided by Subsection (a),
 22-3    a telecommunications utility may verify a carrier-initiated change
 22-4    order by mailing to the customer an information package that is
 22-5    consistent with the requirements of 47 C.F.R.  Section 64.1100(d)
 22-6    and that contains a postage-prepaid postcard or mailer.  The change
 22-7    is considered verified if the telecommunications utility does not
 22-8    receive a cancellation of the change order from the customer within
 22-9    14 days after the date of the mailing.]
22-10          [Sec. 55.304.  CUSTOMER-INITIATED CHANGE.  (a)  A
22-11    telecommunications utility to whom a customer has changed its
22-12    service on the initiative of the customer shall maintain a record
22-13    of nonpublic customer-specific information that could be used to
22-14    establish that the customer authorized the change.]
22-15          [(b)  Notwithstanding Subsection (a), if the Federal
22-16    Communications Commission requires verification, the
22-17    telecommunications utility shall use the verification methods
22-18    required by the Federal Communications Commission.]
22-19          Sec. 55.304 [55.305].  UNAUTHORIZED CHANGE.  (a)  If a change
22-20    in the selection of a customer's telecommunications utility is not
22-21    made or verified in accordance with this subchapter, the change, on
22-22    request by the customer, shall be reversed within a period
22-23    established by commission ruling.
22-24          (b)  A telecommunications utility that initiates an
22-25    unauthorized customer change shall:
22-26                (1)  pay all usual and customary charges associated
22-27    with returning the customer to its original telecommunications
 23-1    utility;
 23-2                (2)  pay the telecommunications utility from which the
 23-3    customer was changed any amount paid by the customer that would
 23-4    have been paid to that telecommunications utility if the
 23-5    unauthorized change had not been made;
 23-6                (3)  return to the customer any amount paid by the
 23-7    customer that exceeds the charges that would have been imposed for
 23-8    identical services by the telecommunications utility from which the
 23-9    customer was changed if the unauthorized change had not been made;
23-10    and
23-11                (4)  provide to the original telecommunications utility
23-12    from which the customer was changed all billing records to enable
23-13    that telecommunications utility to comply with this subchapter.
23-14          (c)  The telecommunications utility from which the customer
23-15    was changed shall provide to the customer all benefits associated
23-16    with the service on receipt of payment for service provided during
23-17    the unauthorized change.
23-18          (d)  A customer is not liable for charges incurred during the
23-19    first 30 days after the date of an unauthorized carrier change.
23-20          Sec. 55.305 [55.306].  CORRECTIVE ACTION AND PENALTIES.  (a)
23-21    If the commission finds that a telecommunications utility has
23-22    repeatedly violated the commission's telecommunications utility
23-23    selection rules, the commission shall order the utility to take
23-24    corrective action as necessary.  In addition, the utility may be
23-25    subject to administrative penalties under Sections 15.023-15.027.
23-26          (b)  An administrative penalty collected under this section
23-27    shall be used to enforce this subchapter.
 24-1          Sec. 55.306 [55.307].  REPEATED AND RECKLESS VIOLATION.  If
 24-2    the commission finds that a telecommunications utility has
 24-3    repeatedly and recklessly violated the commission's
 24-4    telecommunications utility selection rules, the commission may, if
 24-5    consistent with the public interest, suspend, restrict, deny, or
 24-6    revoke the registration or certificate, including an amended
 24-7    certificate, of the telecommunications utility and, by taking that
 24-8    action, deny the telecommunications utility the right to provide
 24-9    service in this state.
24-10          Sec. 55.307.  DECEPTIVE OR FRAUDULENT PRACTICE.  The
24-11    commission may prohibit a utility from engaging in a deceptive or
24-12    fraudulent practice, including a marketing practice, involving the
24-13    selection of a customer's telecommunications utility.  The
24-14    commission may define deceptive and fraudulent practices to which
24-15    this section applies.
24-16          SECTION 6.  The importance of this legislation and the
24-17    crowded condition of the calendars in both houses create an
24-18    emergency and an imperative public necessity that the
24-19    constitutional rule requiring bills to be read on three several
24-20    days in each house be suspended, and this rule is hereby suspended,
24-21    and that this Act take effect and be in force from and after its
24-22    passage, and it is so enacted.