2003S0671-1 03/14/03


By:  Van de Putte                                                 S.B. No. 1821


A BILL TO BE ENTITLED

AN ACT

relating to the use of credit scoring and credit history by certain 
telecommunications and electric service providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  This Act takes effect September 1, 2003.