Amend CSSB 482 (Senate committee printing) by adding the
following appropriately numbered SECTIONS to read as follows and
renumbering subsequent SECTIONS accordingly:
SECTION __. Section 17.008, Utilities Code, is amended to
read as follows:
(b) A retail electric provider may not deny an applicant's
request to become a residential electric service customer on the
basis of the applicant's credit history or credit score[, but may
use the applicant's utility payment data until the later of
January 1, 2007, or the date on which the price to beat is no longer
in effect in the geographic area in which the customer is located].
(c) [Notwithstanding Subsection (b), while a retail
electric provider is required to provide service to a geographic
area as the affiliated retail electric provider, the provider may
not deny an applicant's request to become a residential electric
service customer within that geographic area on the basis of the
applicant's credit history, credit score, or utility payment data.
(d) After the date described in Subsection (b), a retail
electric provider, including an affiliated retail electric
provider, may not deny an applicant's request to become a
residential electric service customer on the basis of the
applicant's credit history, credit score, or utility payment data
but may use the applicant's electric bill payment history.
(e)] A retail electric provider may not use a credit score, a
credit history, or utility payment data as the basis for
determining the price for month-to-month electric service or
electric service that includes a fixed price commitment of 12
months or less:
(1) for an existing residential customer; or
(2) in response to an applicant's request to become a
residential electric service customer.
(d) [(f) After the date described in Subsection (b), on] On
request by a customer or former customer in this state, a retail
electric provider or electric utility shall timely provide to the
customer or former customer bill payment history information with
the retail electric provider or electric utility during the
preceding 12-month period. Bill payment history information may be
obtained by the customer or former customer once during each
12-month period without charge. If additional copies of bill
payment history information are requested during a 12-month period,
the electric service provider may charge the customer or former
customer a reasonable fee for each copy.
(e) [(g)] On request by a retail electric provider, another
retail electric provider or electric utility shall timely verify
information that purports to show a customer's service and bill
payment history with the retail electric provider or electric
utility.
(f) A retail electric provider may not require a person
applying for residential electric service to provide a security
deposit or advance payment as a condition of service if:
(1) it can be shown that the person was a customer of
one or more retail electric providers or electric utilities in this
state during the entire 12-month period preceding the request for
electric service; and
(2) during the preceding 12-month period, the person
was not late in paying an electric service bill.
(g) If a person applying for residential electric service
does not provide the documentation described in subsection (f),
nothing in this section limits [This section does not limit] a
retail electric provider's authority to require a deposit or
advance payment as a condition of service.
(h) [(i)] Notwithstanding Subsection (c) [(e)], a retail
electric provider may provide rewards, benefits, or credits to
residential electric service customers on the basis of the
customer's payment history for retail electric service to that
provider.
SECTION __. Subchapter C, Chapter 39, Utilities Code, is
amended by adding Section 39.1016 to read as follows:
Sec. 39.1016. CANCELLATION OR TERMINATION FEES. A retail
electric provider may not charge a residential customer who
requests cancellation or termination of retail electric service
provided on a month-to-month basis a fee relating to the
cancellation or termination.