78R8500 JJT-D
By: Barrientos S.B. No. 1164
A BILL TO BE ENTITLED
AN ACT
relating to customer safeguards concerning billing for electric
service by municipally owned utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.005, Utilities Code, is amended to
read as follows:
Sec. 17.005. PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED
UTILITIES. (a) A municipally owned utility may not be deemed to be
a "service provider" or "billing agent" for purposes of Sections
17.156(b) and (e). The governing body of a municipally owned
utility shall adopt, implement, and enforce rules that shall have
the effect of accomplishing the objectives set out in Sections
17.004(a) and (b) and 17.102, as to the municipally owned utility
within its certificated service area. The governing body of a
municipally owned utility or its designee shall perform the dispute
resolution function provided for by Section 17.157 for disputes
arising from services provided by the municipally owned utility to
electric customers served within the municipally owned utility's
certificated service area. With respect to electric customers
served by a municipally owned utility outside its certificated
service area or otherwise served through others' distribution
facilities, after retail competition begins as authorized by the
legislature, the provisions of this chapter as administered by the
commission apply. Nothing in this chapter shall be deemed to apply
to a wholesale customer of a municipally owned utility.
(b) A municipally owned utility that bills a customer for
charges for which the customer was previously underbilled shall:
(1) state clearly on the invoice which charges were
underbilled;
(2) include on the invoice or together with the
invoice a notice of whether the municipality offers a payment plan
to pay the previously underbilled charges over time, and if so, how
to apply for the plan; and
(3) include on the invoice or together with the
invoice customer service contact information.
(c) A municipally owned utility may substitute for the
information required by Subsection (b)(1) a notice included with
the invoice that states that the invoice includes previously
underbilled charges.
SECTION 2. This Act takes effect September 1, 2003.