By Gray                                               H.B. No. 1300
         77R1002 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a requirement that certain utilities provide customers
 1-3     with toll-free telephone numbers for certain purposes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 182, Utilities Code, is amended by adding
 1-6     Subchapter D to read as follows:
 1-7         SUBCHAPTER D.  ACCESS TO CUSTOMER SERVICE BY TELEPHONE FOR
 1-8        CUSTOMERS OF UTILITY OR PROVIDER OF CABLE TELEVISION SERVICE
 1-9           Sec. 182.151.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Cable television service" means the distribution
1-11     of video programming with or without use of wires to subscribing or
1-12     paying customers.
1-13                 (2)  "Customer" means a person who receives a service
1-14     or product from a utility or cable television service provider.
1-15                 (3)  "Utility" has the meaning assigned by Section
1-16     182.001.
1-17           Sec. 182.152.  CUSTOMER SERVICE TELEPHONE NUMBERS. (a)  A
1-18     utility or cable television service provider shall provide to each
1-19     of its customers a telephone number customers may call to:
1-20                 (1)  report a service or delivery problem;
1-21                 (2)  request a repair or other remedy; or
1-22                 (3)  register a complaint.
1-23           (b)  If a utility or cable television service provider serves
1-24     one or more customers for whom a call to a telephone number
 2-1     required by Subsection (a) would incur a long-distance toll charge,
 2-2     the utility or cable television service provider shall provide to
 2-3     those customers a toll-free or local exchange accessible telephone
 2-4     number for the purposes described by Subsection (a).
 2-5           Sec. 182.153.  CUSTOMER SERVICE ACCESSIBILITY. (a)  A utility
 2-6     or cable television service provider shall ensure that:
 2-7                 (1)  a customer who calls a telephone number required
 2-8     by Section 182.152, within three minutes after dialing the number,
 2-9     can speak with a customer service representative or leave a
2-10     recorded voice message; and
2-11                 (2)  a customer service representative returns the
2-12     customer's call not later than the 24th hour after the hour the
2-13     customer records a message under Subdivision (1).
2-14           (b)  The telephone line for a telephone number required by
2-15     Section 182.152 must be equipped with a device to:
2-16                 (1)  give a caller a recorded message stating that the
2-17     customer may leave a recorded message when a customer service
2-18     representative is not immediately available to receive the call;
2-19     and
2-20                 (2)  record the caller's voice message.
2-21           Sec. 182.154.  NOTICE. A utility or cable television service
2-22     provider shall give notice of the telephone number required by
2-23     Section 182.152 to:
2-24                 (1)  each new customer at the time service is
2-25     initiated; and
2-26                 (2)  any customer on the customer's request.
2-27           Sec. 182.155.  ENFORCEMENT. (a)  The commission has
 3-1     jurisdiction to enforce this subchapter over a cable television
 3-2     service provider and a utility other than a water utility. The
 3-3     commission may take any action Subchapter B, Chapter 15,
 3-4     authorizes, including the imposition of a civil or administrative
 3-5     penalty, against a cable television service provider or a utility,
 3-6     other than a water utility, that violates this subchapter.
 3-7           (b)  The Texas Natural Resource Conservation Commission has
 3-8     jurisdiction to enforce this subchapter over a water utility. The
 3-9     Texas Natural Resource Conservation Commission may take any action
3-10     against a water utility that violates this subchapter that
3-11     Subchapter B, Chapter 15, authorizes the commission to take,
3-12     including the imposition of a civil or administrative penalty.
3-13           SECTION 2. (a)  This Act takes effect September 1, 2001.
3-14           (b)  The Public Utility Commission of Texas and the Texas
3-15     Natural Resource Conservation Commission shall prescribe rules
3-16     necessary to implement and enforce Subchapter D, Chapter 182,
3-17     Utilities Code, as added by this Act, as soon as is practicable.
3-18     The rules must require each utility and cable television service
3-19     provider subject to that subchapter, as applicable, to mail to the
3-20     persons who are its customers on the effective date of the rules
3-21     notice of the telephone numbers required by that subchapter not
3-22     later than January 1, 2002.