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Amend Floor Amendment No. 1 (Hinojosa floor amendment) to
CSSB 265 by adding the following appropriately numbered SECTIONS to
the bill and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION ____. The heading to Subchapter A, Chapter 182,
Utilities Code, is amended to read as follows:
SUBCHAPTER A. [PAYMENT DATE OF] UTILITY BILL PROTECTIONS FOR
ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY
SECTION ____. Section 182.001, Utilities Code, is amended
by adding Subdivision (1-a) to read as follows:
(1-a) "Individual with a disability" means an
individual who:
(A) is receiving disability insurance benefits
under 42 U.S.C. Section 423; or
(B) otherwise has an inability to engage in any
substantial gainful activity by reason of a medically determinable
physical or mental impairment that can be expected to result in
death or that has lasted or can be expected to last for a continuous
period of not less than 12 months.
SECTION ____. Sections 182.002 through 182.005, Utilities
Code, are amended to read as follows:
Sec. 182.002. DELAY OR DEFERRAL OF BILL PAYMENT [DATE] FOR
ELDERLY INDIVIDUAL OR INDIVIDUAL WITH A DISABILITY . (a) On
request by an elderly individual or an individual with a
disability, a utility shall delay without penalty the payment date
of a bill for providing utility service to that individual until the
25th day after the date the bill is issued.
(a-1) On written request by an elderly individual or an
individual with a disability, a utility shall allow payment of the
individual's utility bill to be deferred for not more than three
months. The payment plan may not include a penalty for late
payments. The payment plan must allow the individual to pay the
delinquent amount in equal installments over at least three billing
cycles.
(b) This subchapter applies only to an elderly individual or
an individual with a disability who:
(1) is a residential customer; and
(2) occupies the entire premises for which a delay or
payment deferral is requested.
Sec. 182.003. REQUEST FOR DELAY. An elderly individual or
an individual with a disability may request that the utility
implement the delay under Section 182.002(a) [182.002] for:
(1) the most recent utility bill; or
(2) the most recent utility bill and each subsequent
utility bill.
Sec. 182.004. PROOF OF AGE OR DISABILITY. A utility may
require an individual requesting a delay or deferral under this
subchapter to present reasonable proof that the individual is 60
years of age or older or is an individual with a disability.
Section 182.005. CERTAIN UTILITIES NOT
AFFECTED. (a) This subchapter applies to retail electric
providers, power generation companies, aggregators, and all other
entities that provide retail electric service.
(b) 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) offers a deferred payment plan that is at least as
generous as the plan required by Section 182.002(a-1) [is regulated
under Title 2].