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79R4736 JJT-F

By:  Flores                                                       H.B. No. 1369



A BILL TO BE ENTITLED

AN ACT

relating to consumer choice for and disconnection from service of 
certain commercial electric service customers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 39, Utilities Code, is 
amended by adding Section 39.1012 and 39.1016 to read as follows:
	Sec. 39.1012.  (a)  A retail electric provider may continue 
to serve a retail commercial customer until:
		(1)  the customer chooses service from a different 
retail electric provider, an electric cooperative that offers 
customer choice, or a municipally owned utility that offers 
customer choice; and
		(2)  the customer has paid all charges due for electric 
service provided.
	(b)  The commission shall ensure that retail electric 
providers comply with this section and by rule shall establish 
schedules, procedures, and a system of commission approvals as the 
commission considers necessary to achieve the objectives of this 
section.
	Sec. 39.1016.  DISCONNECTION OF RETAIL COMMERCIAL CUSTOMER; 
RECONNECTION.  (a)  A retail electric provider may disconnect a 
commercial customer if the retail commercial customer does not 
remit payment for an invoice for charges for electricity or 
transmission and distribution related services before the 41st day 
after the date the customer receives a correct invoice for the 
charges.
	(b)  A retail electric provider may not disconnect a retail 
commercial customer under this section during an extreme weather 
emergency, as defined by Section 39.101(h), or on a weekend day.  A
retail electric provider shall defer collection of the full payment 
of bills that are due during an extreme weather emergency until 
after the emergency is over and shall work with the customer to 
establish a pay schedule for deferred bills.
	(c)  Only the retail electric provider that disconnected a 
retail commercial customer as authorized by this section may 
reconnect the customer.
	(d)  The commission shall ensure that retail electric 
providers comply with this section and by rule shall establish 
schedules, procedures, and a system of commission approvals as the 
commission considers necessary to achieve the objectives of this 
section.
	SECTION 2.  (a)  The Public Utility Commission of Texas shall 
adopt rules as necessary to implement this Act as soon as 
practicable.
	(b)  Sections 39.1012 and 39.1016, Utilities Code, as added 
by this Act, take effect January 1, 2006.
	SECTION 3.  This Act takes effect September 1, 2005.