78R7408 MTB-F

By:  Turner                                                       H.B. No. 2338



A BILL TO BE ENTITLED

AN ACT

relating to the revocation of a retail electric provider's 
certificate by the Public Utility Commission of Texas for failure 
to bill a customer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 39.356(a), Utilities Code, is amended to 
read as follows:
	(a)  The commission may suspend, revoke, or amend a retail 
electric provider's certificate for significant violations of this 
title or the rules adopted under this title or of any reliability 
standard adopted by an independent organization certified by the 
commission to ensure the reliability of a power region's electrical 
network, including the failure to observe any scheduling, 
operating, planning, reliability, or settlement protocols 
established by the independent organization.  The commission may 
also suspend or revoke a retail electric provider's certificate if 
the provider:
		(1)  fails to issue a bill for electric usage to a 
customer before the 91st day after the initiation of service to the 
customer unless the provider can adequately demonstrate to the 
commission that the provider used industry best practices to 
resolve the billing or service issue; or
		(2)  no longer has the financial or technical 
capability to provide continuous and reliable electric service.
	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.