79R9051 JJT-D

By:  Deshotel                                                     H.B. No. 2364



A BILL TO BE ENTITLED

AN ACT

relating to requiring an opportunity for a grace period before 
disconnection from utility services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Subchapter A, Chapter 182, 
Utilities Code, is amended to read as follows:

SUBCHAPTER A.  PAYMENT [DATE] OF UTILITY BILL

[FOR ELDERLY INDIVIDUAL]
	SECTION 2.  Subchapter A, Chapter 182, Utilities Code, is 
amended by adding Section 182.006 to read as follows:
	Sec. 182.006.  GRACE PERIOD.  (a)  A utility shall establish 
and follow a procedure by which a residential or noncommercial 
service customer who receives a disconnection notice is given, on 
request, five additional days beyond the disconnection date 
provided in the disconnection notice to pay amounts due for unpaid 
service charges.
	(b)  The utility must:                                                  
		(1)  provide reasonable notification to customers of 
the procedure for requesting the extension;
		(2)  grant the extension to each customer who requests 
the extension earlier than 48 hours before disconnection is 
scheduled;
		(3)  provide that a customer may not be disconnected 
from service if the customer pays all amounts due for unpaid service 
charges before the expiration of the extension period; and
		(4)  require the agency regulating the utility to 
approve the utility's procedure for requesting and granting the 
extension.
	(c)  The utility, on recognizing that a customer who applied 
for and was granted an extension under this section has not paid any 
or all amounts due for unpaid service charges within the extension 
period, may immediately disconnect the customer's service.
	SECTION 3.  Section 182.005, Utilities Code, is amended to 
read as follows:  
	Sec. 182.005.  CERTAIN UTILITIES NOT AFFECTED.  Sections 
182.002-182.004 do [This subchapter does] not apply to a utility 
that:
		(1)  does not assess a late payment charge on a 
residential customer;       
		(2)  does not suspend service before the 26th day after 
the date of the bill for which collection action is taken;  and
		(3)  is regulated under Title 2.                                              
	SECTION 4.  This Act takes effect September 1, 2005.