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.