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Amend CSHB 2335 (committee printing) by adding the following
appropriately numbered SECTIONS to the bill and renumbering the
subsequent SECTION accordingly:
SECTION 11. Subchapter A, Chapter 17, Utilities Code, is
amended by adding Section 17.008 to read as follows:
Sec. 17.008. RELIEF PROGRAM FOR CERTAIN MEMBERS OF ARMED
FORCES. (a) In this section, "service member" means a member of the
Texas National Guard or a reserve component of the United States
armed forces called to federal active duty for any national
emergency or other deployment for a period of at least 180 days away
from the primary residence.
(b) The commission shall adopt and enforce rules to
establish a levelized payment plan for service members and their
dependents. The rules must require that, on the request of a
residential customer who is a service member or a dependent of a
service member who resides at the service member's main
residence, an electric
utility, retail electric provider, power generation company,
aggregator, or other entity that provides retail electric service
to the residential customer shall provide a levelized payment plan
for the residential customer. The service member or the service
member's dependent must provide to the entity providing service a
copy of the military orders calling the service member to active
duty. The levelized payment plan must:
(1) allow the residential customer to negotiate a
fixed monthly payment up to 9 months equal to or greater than 75
percent of the service member's average bill for the previous 12
month period, and if the service member has resided at the location
for less than 12 months, the entity that provides retail electric
service to the residential customer may use an alternative method
to calculate the average bill, such as the average billing at the
same premise by a previous occupant;
(2) after the initial 9 month or less payment plan,
require payment of the customer's regular utility payment for a
period not to exceed 9 months,
(3) After the second 9 month period, require payment
of the full deferred amount owed in equal monthly payments for a
period not to exceed 9 months; and
(4) prohibit the entity providing retail electric
service from disconnecting service to the residential customer for
nonpayment as long as the residential customer complies with the
terms of the levelized payment plan.
(c) This section does not prohibit a residential customer
from entering into an alternative, mutually agreed upon, payment
plan with an entity that provides retail electric service to the
residential customer, nor does it prohibit the entity from offering
other assistance programs in addition to a levelized payment plan,
nor does it prohibit the customer from accelerating repayment of
the deferred charges.
SECTION 12. Subchapter F, Chapter 104, Utilities Code, is
amended by adding Section 104.259 to read as follows:
Sec. 104.259. RELIEF PROGRAM FOR CERTAIN MEMBERS OF THE
ARMED SERVICES. (a) In this section:
(1) "Provider" means:
(A) a gas utility, as defined by Sections 101.003
and 121.001; and
(B) an owner, operator, or manager of a mobile
home park or apartment who purchases natural gas through a master
meter for delivery to a dwelling unit in a mobile home park or
apartment house under Chapter 124.
(2) "Service member" means a member of the Texas
National Guard or a reserve component of the United States armed
forces called to federal active duty for any national emergency or
other deployment for a period of at least 180 days away from the
primary residence.
(b) The commission shall adopt and enforce rules to
establish a levelized payment plan for service members and their
dependents. The rules must require that, on the request of a
residential customer who is a service member or a dependent of a
service member who resides at the service member's main residence,
a provider shall provide a levelized payment plan for the
residential customer. The service member or the service member's
dependent must provide to the provider a copy of the military orders
calling the service member to active duty. The levelized payment
plan must:
(1) allow the residential customer to negotiate a
fixed monthly payment up to 9 months equal to or greater than 75
percent of the service member's average bill for the previous 12
month period, and if the service member has resided at the location
for less than 12 months, the entity that provides retail electric
service to the residential customer may use an alternative method
to calculate the average bill, such as the average billing at the
same premise by a previous occupant;
(2) after the initial 9 month or less payment plan,
require payment of the customer's regular utility payment for a
period not to exceed 9 months,
(3) After the second 9 month period, require payment
of the full deferred amount owed in equal monthly payments for a
period not to exceed 9 months; and
(4) prohibit the entity providing retail electric
service from disconnecting service to the residential customer for
nonpayment as long as the residential customer complies with the
terms of the levelized payment plan.
(c) This section does not prohibit a residential customer
from entering into an alternative, mutually agreed upon, payment
plan with an entity that provides retail electric service to the
residential customer, nor does it prohibit the entity from offering
other assistance programs in addition to a levelized payment plan,
nor does it prohibit the customer from accelerating repayment of
the deferred charges.