By Turner of Harris H.B. No. 2661
77R9111 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to consumer protections relating to the provision of
1-3 electricity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 39.101(b) and (c), Utilities Code, are
1-6 amended to read as follows:
1-7 (b) A customer is entitled:
1-8 (1) to be informed about rights and opportunities in
1-9 the transition to a competitive electric industry;
1-10 (2) to choose the customer's retail electric provider
1-11 consistent with this chapter, to have that choice honored, and to
1-12 assume that the customer's chosen provider will not be changed
1-13 without the customer's informed consent;
1-14 (3) to have access to providers of energy efficiency
1-15 services, to on-site distributed generation, and to providers of
1-16 energy generated by renewable energy resources;
1-17 (4) to be served by a provider of last resort that
1-18 offers a commission-approved standard service package;
1-19 (5) to receive sufficient information to make an
1-20 informed choice of service provider;
1-21 (6) to be protected from unfair, misleading, or
1-22 deceptive practices, including misleading or deceptive advertising
1-23 relating to rates, services, or fees, and [protection] from being
1-24 billed for services that were not authorized or provided; and
2-1 (7) to have an impartial and prompt resolution of
2-2 disputes with its chosen retail electric provider and transmission
2-3 and distribution utility.
2-4 (c) A retail electric provider, power generation company,
2-5 aggregator, or other entity that provides retail electric service
2-6 may not refuse to provide retail electric or electric generation
2-7 service or otherwise discriminate in the marketing or provision of
2-8 electric service to any customer because of race, creed, color,
2-9 national origin, ancestry, sex, marital status, lawful source of
2-10 income, disability, or familial status. A retail electric
2-11 provider, power generation company, aggregator, or other entity
2-12 that provides retail electric service may not refuse to market or
2-13 provide retail electric or electric generation service to a
2-14 customer because the customer is located in an economically
2-15 distressed geographic area or qualifies for low-income
2-16 affordability or energy efficiency services. The commission shall
2-17 require a provider to comply with this subsection as a condition of
2-18 certification or registration. The commission may not adopt a rule
2-19 implementing this subsection that directly or indirectly authorizes
2-20 any level of prohibited discrimination.
2-21 SECTION 2. Section 39.101, Utilities Code, is amended by
2-22 adding Subsections (i) and (j) to read as follows:
2-23 (i) Except as provided by Subsections (a)(1) and (h), the
2-24 commission rules in effect on August 31, 1999, relating to
2-25 disconnection of a retail customer by an electric utility, apply to
2-26 disconnection of a retail customer by a retail electric provider.
2-27 (j) A retail electric provider may not impose a penalty
3-1 against a retail customer who does not pay the customer's bill when
3-2 due.
3-3 SECTION 3. Section 39.202(l), Utilities Code, is amended to
3-4 read as follows:
3-5 (l) An affiliated retail electric provider, the office, or a
3-6 retail customer may request that the commission adjust the fuel
3-7 factor established under Subsection (b) not more than twice a year
3-8 if the affiliated retail electric provider, office, or retail
3-9 customer demonstrates that the existing fuel factor does not
3-10 adequately reflect significant changes in the market price of
3-11 natural gas and purchased energy used to serve retail customers.
3-12 SECTION 4. (a) Except as provided by Subsection (b), this
3-13 Act takes effect September 1, 2001.
3-14 (b) Section 39.101(j), Utilities Code, as added by this Act,
3-15 takes effect January 1, 2002.
3-16 (c) A rule adopted by the Public Utility Commission of Texas
3-17 before September 1, 2001, to implement Section 39.101(c), Utilities
3-18 Code, as it existed on August 31, 2001, is repealed on September 1,
3-19 2001. The Public Utility Commission of Texas shall adopt new rules
3-20 implementing Section 39.101(c), Utilities Code, as amended by this
3-21 Act, as soon as possible.