By: Shapleigh S.B. No. 1735
(In the Senate - Filed March 11, 2005; March 30, 2005, read
first time and referred to Committee on Veteran Affairs and
Military Installations; May 10, 2005, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 10, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1735 By: Shapleigh
A BILL TO BE ENTITLED
AN ACT
relating to benefits and rights for certain members of the Texas
National Guard and armed forces of the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.006, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The reemployment rights provided by this section apply
to a member of the national guard of another state who works in this
state if that state provides reemployment rights substantially
equivalent to those provided by this section to members of the state
military forces of Texas who work in that state. If necessary under
the law of another state to achieve the mutual reemployment rights
authorized by this subsection, the governor may enter into an
agreement with the governor of that state to provide the mutual
reemployment rights authorized by this subsection.
SECTION 2. Subchapter A, Chapter 2170, Government Code, is
amended by adding Section 2170.011 to read as follows:
Sec. 2170.011. PREPAID CALLING CARDS. (a) The department
shall sell or provide access to sources that sell prepaid long
distance calling cards to members of the Texas National Guard on
federal active duty and members of the armed forces of the United
States on active duty, and their families.
(b) The department may not sell a prepaid long distance
calling card for more than the cost of the card.
SECTION 3. (a) Subchapter L, Chapter 2301, Occupations
Code, is amended by adding Section 2301.557 to read as follows:
Sec. 2301.557. TERMINATION OF VEHICLE LEASE BY PERSON ON
ACTIVE DUTY IN MILITARY. (a) A member of the Texas National Guard
or a reserve component of the United States armed forces called to
federal active duty for a national emergency or other deployment
for a period of at least 180 days or the spouse of a member may
terminate a vehicle lease that is executed by or on behalf of the
member.
(b) A vehicle lease is not terminated under this section
until:
(1) the person described by Subsection (a) or the
person's spouse gives the lessor notice by certified mail, return
receipt requested, of the person's intent to terminate the lease
together with a copy of the military orders calling the person to
active duty; and
(2) the vehicle subject to the lease is returned to the
custody or control of the lessor not later than the 15th day after
the date of delivery of the notice.
(c) An unpaid lease amount for a period preceding the
effective date of the lease termination under this section shall be
paid on a prorated basis. The lessor may not impose an early
termination charge, but any taxes, costs of summons, and title or
registration fees and any other obligation and liability of the
lessee under the terms of the lease, including reasonable charges
to the lessee for excess wear, use, and mileage, that are due and
unpaid at the time of the lease termination shall be paid by the
lessee.
(d) The lessor shall refund to the lessee any lease amount
paid in advance by the lessee applicable to a period after the
effective date of the lease termination. The refund required by
this subsection must be paid not later than the 30th day after the
effective date of the lease termination.
(b) Section 2301.557, Occupations Code, as added by this
Act, applies only to a vehicle lease entered into on or after the
effective date of this Act.
SECTION 4. Subchapter A, Chapter 17, Utilities Code, is
amended by adding Section 17.008 to read as follows:
Sec. 17.008. RELIEF 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) 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 nine 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 nine month or less payment plan,
require payment of the customer's regular utility payment for a
period not to exceed nine months;
(3) after the second nine-month period, require
payment of the full deferred amount owed in equal monthly payments
for a period not to exceed nine 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 5. Subchapter F, Chapter 104, Utilities Code, is
amended by adding Section 104.259 to read as follows:
Sec. 104.259. DISCONNECTION OF GAS SERVICE; CERTAIN MEMBERS
OF 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) 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 nine 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 nine month or less payment plan,
require payment of the customer's regular utility payment for a
period not to exceed nine months;
(3) after the second nine-month period, require
payment of the full deferred amount owed in equal monthly payments
for a period not to exceed nine 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 6. This Act takes effect September 1, 2005.
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