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78R7404 JJT-F

By:  Turner                                                       H.B. No. 2336



A BILL TO BE ENTITLED

AN ACT

relating to the duties of an electric utility regarding certain 
customer requests.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 38.022, Utilities Code, is amended to 
read as follows:   
	Sec. 38.022.  DISCRIMINATION AND RESTRICTION ON 
COMPETITION.  (a) An electric utility may not:
		(1)  discriminate against a person or electric 
cooperative who sells or leases equipment or performs services in 
competition with the electric utility;  or
		(2)  engage in a practice that tends to restrict or 
impair that competition.
	(b)  An electric utility shall provide, on written request by 
a customer or a customer's representative, electronic load data for 
the customer for the previous 24-month period, including billed and 
actual demand data and energy customer data.  The information must 
be provided in a comma delimited text file format, if requested.
	(c)  An electric utility shall:                                         
		(1)  promptly submit to the independent system operator 
a customer's request to change the customer's retail electric 
provider;
		(2)  follow protocols of the independent system 
operator for switching customer accounts; and
		(3)  promptly respond to a request made by a customer, a 
customer's selected retail electric provider, or the independent 
system operator for information regarding the customer's request to 
change the customer's retail electric provider.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.