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Amend CSSB 265 (Senate committee printing) by striking all
below the enacting clause and substituting:
SECTION 1. Section 39.101, Utilities Code, is amended by
adding Subsections (i), (j), (k), (l), (m), (n), (o), (p), (q), and
(r) to read as follows:
(i) During the period beginning July 1 and ending September
30 of each year, a retail electric provider or other entity that
provides retail electric service may not disconnect or authorize
the disconnection of service to a residential customer who:
(1) shows that the customer is a low-income electric
customer, as defined by Section 39.903(l), and requests, and
complies with the terms of, a deferred payment plan described by
Subsection (k);
(2) shows that the customer is a low-income electric
customer, as defined by Section 39.903(l), is at least 65 years of
age, and requests, and complies with the terms of, a deferred
payment plan described by Subsection (m); or
(3) under commission rules, is designated as a
critical care residential customer.
(j) A retail electric provider or other entity that provides
retail electric service shall provide clear notice of the legal
protections available under Subsection (i) on or with:
(1) each disconnection notice issued to a residential
customer during the period described by Subsection (i); and
(2) the first invoice issued to a residential customer
during the period described by Subsection (i).
(k) A retail electric provider or other entity that provides
retail electric service, on request, shall offer a residential
customer described by Subsection (i)(1) a deferred payment plan
that allows the customer to avoid disconnection during the period
provided by Subsection (i). The customer is eligible for a plan
offered under this subsection if the customer:
(1) does not owe an outstanding balance from a
deferred payment plan granted in a previous year that allowed the
customer to avoid disconnection during a period provided by
Subsection (i);
(2) pays at least 33 percent of the outstanding
balance due; and
(3) agrees to pay the remaining balance in equal
installments over the next five billing cycles, unless the customer
agrees to a lesser number of installments.
(l) A customer granted a deferred payment plan under
Subsection (k) may continue to avoid disconnection during the
period described by Subsection (i) by:
(1) paying the additional amounts that become due,
including the installment amount due; or
(2) paying at least 33 percent of the balance then
currently due, including any installment amount due, and agreeing
to pay the recalculated remaining balance in equal installments
over the next five billing cycles, unless the customer agrees to a
lesser number of installments.
(m) A retail electric provider or other entity that provides
retail electric service, on request, shall offer a residential
customer described by Subsection (i)(2) a deferred payment plan
that allows the customer to avoid disconnection during the period
provided by Subsection (i) without payment of any outstanding
balance until after the end of that period. The customer is
eligible for a plan offered under this subsection if the customer:
(1) does not owe an outstanding balance from a
deferred payment plan granted in a previous year that allowed the
customer to avoid disconnection during a period provided by
Subsection (i);
(2) agrees to pay 25 percent of the deferred charges
when the first bill issued to the customer after September 30 is
due; and
(3) agrees to pay the remaining balance in equal
installments over the next five billing cycles after the first bill
issued to the customer after September 30, unless the customer
agrees to a lesser number of installments.
(n) A retail electric provider or other entity that provides
retail electric service shall allow a residential customer
described by Subsection (i)(3) to pay unpaid amounts accumulated
during the period provided by Subsection (i) over the next six
billing cycles beginning with the first bill issued to the customer
after September 30.
(o) A retail electric provider or other entity that provides
retail electric service may encourage a residential customer
described by Subsection (i)(2) or (3) to make a partial payment
toward an amount deferred during the period provided by Subsection
(i), but the provider shall inform the customer clearly that the
customer may not be disconnected for nonpayment before October 1
following that period.
(p) The commission by rule shall provide:
(1) uniform standards an electric utility shall apply
when designating a critical care residential customer for whom an
interruption or suspension of electric service will create a
dangerous or life-threatening condition; and
(2) special protections and procedures an electric
utility shall apply when disconnecting a critical care residential
customer.
(q) For the sole purpose of determining whether customers
meet the eligibility standard described by Subsection (k)(1) or
(m)(1), the commission may require a retail electric provider or
other entity that provides retail electric service to provide to a
central database administrator selected by the commission
information regarding customers who terminate service with the
provider or other entity without complying with a deferred payment
plan granted to avoid disconnection of service during a period
described by Subsection (i). The information stored in the
database may not include information other than the relevant
electric service identifier and the customer's service address,
telephone number, e-mail address, driver's license number, and
social security number. The database administrator may not assess
a fee to the commission to develop, operate, or maintain the
database. The database administrator must be a consumer reporting
agency, as defined by Section 603(f), Fair Credit Reporting Act (15
U.S.C. Section 1681a(f)). The database administrator may not
assess a fee to a retail electric provider or other entity that
provides retail electric service for providing information
required to be entered into the database. The database
administrator may assess a fee against a retail electric provider
or other entity that provides retail electric service for accessing
information in the database. A retail electric provider or other
entity that accesses information in the database may use the
information obtained from the database only for the purpose of
determining whether a customer meets the eligibility standard
described by Subsection (k)(1) or (m)(1).
(r) The following subsections expire September 1, 2011:
(1) this subsection; and
(2) Subsections (i), (j), (k), (l), (m), (n), (o),
(p), and (q).
SECTION 2. Section 12.005, Utilities Code, is amended to
read as follows:
Sec. 12.005. APPLICATION OF SUNSET ACT. (a) The Public
Utility Commission of Texas is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter or by Chapter 39, the commission is abolished and
this title expires September 1, 2011.
(b) As part of the Sunset Advisory Commission's review under
Subsection (a), the Sunset Advisory Commission shall consider
separately the commission's activities, rules, and statutory
authorizations that affect critical care residential customers in
electric service markets subject to retail competition. The Sunset
Advisory Commission, in its report to the 82nd Legislature, shall
include:
(1) information regarding how much debt is incurred by
retail electric providers as a result of customer protections for
critical care residential customers;
(2) an analysis of whether protections in law for
critical care residential customers are sufficient; and
(3) an analysis of the degree to which:
(A) those designated as critical care
residential customers are and are not entitled to that designation;
and
(B) those entitled to a designation as critical
care residential customers are not designated as critical care
residential customers.
SECTION 3. The Public Utility Commission of Texas shall
adopt rules to implement Sections 39.101(i), (j), (k), (l), (m),
(n), (o), (p), (q), and (r), Utilities Code, as added by this Act,
as soon as practicable.
SECTION 4. Notwithstanding Sections 39.101(i) and (k), as
added by this Act:
(1) if this Act takes immediate effect, a deferred
payment plan for a residential customer described by Sections
39.101(i)(1)-(3), as added by this Act, is required to apply only
for the period beginning August 1, 2009, and ending September 30,
2009; and
(2) if this Act takes effect September 1, 2009, a
deferred payment plan for a residential customer described by
Sections 39.101(i)(1)-(3), as added by this Act, is required to
apply only for the annual period described by Section 39.101(i), as
added by this Act, beginning with that period in 2010.
SECTION 5. Notwithstanding Section 39.101(j), as added by
this Act:
(1) if this Act takes immediate effect, a retail
electric provider or other entity that provides retail electric
service is required by that subsection to provide the notices only
on and after August 1, 2009; and
(2) if this Act takes effect September 1, 2009, a
retail electric provider or other entity that provides retail
electric service is not required to provide the notices under that
subsection in 2009.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.