78R6505 MTB-D
By: Turner H.B. No. 2463
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain telecommunications and
electric service providers and the enforcement of certain
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 15, Utilities Code, is
amended by adding Sections 15.034, 15.035, and 15.036 to read as
follows:
Sec. 15.034. CERTAIN FINES PAID TO CUSTOMER. (a) The
commission by rule shall establish a procedure by which, if the
commission determines that a person regulated under this title has
violated Section 17.004 or 39.101, the person must credit to the
account of the customer who was the subject of the violation a
minimum fine of $50 for each violation.
(b) At a minimum, the procedure adopted by rule under
Subsection (a) shall include:
(1) different amounts of fines based on:
(A) the seriousness of the violation; and
(B) the number of times a person has committed a
violation; and
(2) a requirement that a person regulated under this
title shall report to the commission twice a year the number of
fines paid under this section.
Sec. 15.035. ADDITIONAL ADMINISTRATIVE PENALTY. (a) In
addition to an administrative penalty provided by this subchapter,
the commission may impose an additional administrative penalty on a
person regulated under this title who commits more than a certain
number of violations of this title, as determined by commission
rule.
(b) The commission shall determine by rule:
(1) the number of violations necessary for the
imposition of an additional penalty under this section by reviewing
complaint information:
(A) collected by the commission; and
(B) reported by the industry; and
(2) different penalty amounts based on the number of
violations committed by a person.
(c) Of any amount collected under this section:
(1) 50 percent shall be sent to the comptroller to be
deposited to the credit of the general revenue fund; and
(2) 50 percent shall be deposited to the credit of a
special account in the general revenue fund that may be
appropriated only to the commission for use in the performance of
the commission's duties under this chapter.
Sec. 15.036. REVIEW OF FINES AND PENALTIES. (a) Beginning
in 2007, the commission shall review the amount of fines and
penalties imposed under this chapter during the preceding
three-year period to determine if the amounts are sufficient to
secure compliance with this title and reduce customer complaints.
(b) If the commission determines after a review that fine
and penalty amounts are insufficient, the commission may:
(1) raise the maximum administrative penalty amount
under Section 15.023 to $25,000, notwithstanding Section
15.024(b); or
(2) conduct administrative penalty assessment
hearings, notwithstanding Section 14.053.
SECTION 2. Section 17.004, Utilities Code, is amended by
amending Subsection (a) and by adding Subsection (h) to read as
follows:
(a) All buyers of telecommunications and retail electric
services are entitled to:
(1) protection from fraudulent, unfair, misleading,
deceptive, or anticompetitive practices, including protection from
being billed for services that were not authorized or provided;
(2) choice of a telecommunications service provider, a
retail electric provider, or an electric utility, where that choice
is permitted by law, and to have that choice honored;
(3) information in English and Spanish and any other
language as the commission deems necessary concerning rates, key
terms and conditions, and the basis for any claim of environmental
benefits of certain production facilities;
(4) protection from discrimination on the basis of
race, color, sex, nationality, religion, marital status, income
level, credit history, credit score, or source of income and from
unreasonable discrimination on the basis of geographic location;
(5) impartial and prompt resolution of disputes with a
certificated telecommunications utility, a retail electric
provider, or an electric utility and disputes with a
telecommunications service provider related to unauthorized
charges and switching of service;
(6) privacy of customer consumption and credit
information;
(7) accuracy of metering and billing;
(8) bills presented in a clear, readable format and
easy-to-understand language;
(9) information in English and Spanish and any other
language as the commission deems necessary concerning low-income
assistance programs and deferred payment plans;
(10) all consumer protections and disclosures
established by the Fair Credit Reporting Act (15 U.S.C. Section
1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
et seq.); and
(11) after retail competition begins as authorized by
the legislature, programs provided by retail electric providers
that offer eligible low-income customers energy efficiency
programs, an affordable rate package, and bill payment assistance
programs designed to reduce uncollectible accounts.
(h) In this section:
(1) "Credit history" means information regarding an
individual's past history of:
(A) financial responsibility;
(B) payment habits; or
(C) creditworthiness.
(2) "Credit score" means a score, grade, or value that
is derived by using data from a credit history in any type of model,
method, or program for the purpose of grading or ranking credit
report data, whether derived electronically, from an algorithm,
through a computer software application model or program, or
through any other analogous process.
SECTION 3. This Act takes effect September 1, 2003.