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A BILL TO BE ENTITLED
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AN ACT
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relating to utility bill payment protection for elderly or disabled |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 182, |
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Utilities Code, is amended to read as follows: |
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SUBCHAPTER A. [PAYMENT DATE OF] UTILITY BILL PROTECTIONS FOR |
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ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY |
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SECTION 2. Section 182.001, Utilities Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Individual with a disability" means an |
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individual who: |
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(A) is receiving disability insurance benefits |
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under 42 U.S.C. Section 423; or |
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(B) otherwise has an inability to engage in any |
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substantial gainful activity by reason of a medically determinable |
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physical or mental impairment that can be expected to result in |
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death or that has lasted or can be expected to last for a continuous |
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period of not less than 12 months. |
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SECTION 3. Sections 182.002 through 182.005, Utilities |
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Code, are amended to read as follows: |
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Sec. 182.002. DELAY OR DEFERRAL OF BILL PAYMENT [DATE] FOR |
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ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY. (a) On request |
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by an elderly individual or an individual with a disability, a |
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utility shall delay without penalty the payment date of a bill for |
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providing utility service to that individual until the 25th day |
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after the date the bill is issued. |
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(a-1) On written request by an elderly individual or an |
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individual with a disability, a utility shall allow payment of the |
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individual's utility bill to be deferred for not more than three |
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months. The payment plan may not include a penalty for late |
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payments. The payment plan must allow the individual to pay the |
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delinquent amount in equal installments over at least three billing |
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cycles. |
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(b) This subchapter applies only to an elderly individual or |
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an individual with a disability who: |
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(1) is a residential customer; and |
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(2) occupies the entire premises for which a delay or |
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payment deferral is requested. |
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Sec. 182.003. REQUEST FOR DELAY. An elderly individual or |
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an individual with a disability may request that the utility |
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implement the delay under Section 182.002(a) [182.002] for: |
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(1) the most recent utility bill; or |
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(2) the most recent utility bill and each subsequent |
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utility bill. |
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Sec. 182.004. PROOF OF AGE OR DISABILITY. A utility may |
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require an individual requesting a delay or deferral under this |
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subchapter to present reasonable proof that the individual is 60 |
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years of age or older or is an individual with a disability. |
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Sec. 182.005. CERTAIN UTILITIES NOT AFFECTED. This |
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subchapter does not apply to a utility that: |
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(1) does not assess a late payment charge on a |
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residential customer; |
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(2) does not suspend service before the 26th day after |
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the date of the bill for which collection action is taken; [and] |
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(3) offers a deferred payment plan that is at least as |
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generous as the plan required by Section 182.002(a-1); and |
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(4) is regulated under Title 2. |
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SECTION 4. This Act takes effect September 1, 2007. |