By Kitchen                                            H.B. No. 2806
         77R6997 CBH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to disconnection of natural gas service.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter E, Chapter 104, Utilities Code, is
 1-5     amended by adding Section 104.258 to read as follows:
 1-6           Sec. 104.258.  DISCONNECTION OF GAS SERVICE.  (a)  In this
 1-7     section, "provider" means:
 1-8                 (1)  a gas utility, as defined by Sections 101.003 and
 1-9     121.001; and
1-10                 (2)  an owner, operator, or manager of a mobile home
1-11     park or apartment house who purchases natural gas through a master
1-12     meter for delivery to a dwelling unit in a mobile home park or
1-13     apartment house under Chapter 124.
1-14           (b)  Except as provided by Subsection (d), a provider may not
1-15     disconnect natural gas service to a customer on a day when the
1-16     previous day's temperature in the county in which the customer is
1-17     located fell below 40 degrees Fahrenheit and the National Weather
1-18     Service predicts that the temperature in that county will fall
1-19     below that temperature during the next 24 hours.
1-20           (c)  Except as provided by Subsection (d), a provider may not
1-21     disconnect natural gas service to a residential customer who did
1-22     not pay the customer's bill when due:
1-23                 (1)  if the provider receives for that billing period a
1-24     pledge, letter of intent, purchase order, or other notification
 2-1     from an energy assistance provider that it is forwarding payment to
 2-2     continue the service; or
 2-3                 (2)  on a holiday, weekend, or other day on which
 2-4     personnel of the provider are not available to receive payment or
 2-5     make a collection and to reconnect service, or on a day preceding
 2-6     such a day.
 2-7           (d)  Subsections (b) and (c) do not apply if there is a known
 2-8     dangerous condition or a use of natural gas service in a manner
 2-9     that is dangerous or unreasonably interferes with service to
2-10     others.
2-11           (e)  At a minimum, a provider shall offer:
2-12                 (1)  a deferred payment plan to a residential customer
2-13     who is not able to make complete payment of a bill when due; and
2-14                 (2)  a level or average payment plan to all customers.
2-15           SECTION 2.  This Act takes effect immediately if it receives
2-16     a vote of two-thirds of all the members elected to each house, as
2-17     provided by Section 39, Article III, Texas Constitution.  If this
2-18     Act does not receive the vote necessary for immediate effect, this
2-19     Act takes effect September 1, 2001.