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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing customers to opt out of provider of last resort |
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default service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.101(b), Utilities Code, is amended to |
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read as follows: |
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(b) A customer is entitled: |
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(1) to be informed about rights and opportunities in |
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the transition to a competitive electric industry; |
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(2) to choose the customer's retail electric provider |
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consistent with this chapter, to have that choice honored, and to |
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assume that the customer's chosen provider will not be changed |
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without the customer's informed consent; |
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(3) to have access to providers of energy efficiency |
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services, to on-site distributed generation, and to providers of |
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energy generated by renewable energy resources; |
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(4) to be served by a provider of last resort that |
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offers a commission-approved standard service package; |
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(4-a) to opt out of and to reinstate provider of last |
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resort default service as provided by Section 39.106; |
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(5) to receive sufficient information to make an |
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informed choice of service provider; |
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(6) to be protected from unfair, misleading, or |
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deceptive practices, including protection from being billed for |
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services that were not authorized or provided; and |
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(7) to have an impartial and prompt resolution of |
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disputes with its chosen retail electric provider and transmission |
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and distribution utility. |
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SECTION 2. Section 39.106, Utilities Code, is amended by |
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adding Subsections (h) and (i) to read as follows: |
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(h) The commission by rule shall establish a procedure by |
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which customers may opt out of and reinstate provider of last resort |
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default service. The commission shall establish and maintain a |
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list of all customers who choose to opt out of provider of last |
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resort default service and share the list with retail electric |
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providers. The commission shall notify customers that opting out |
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of provider of last resort default service will result in a loss of |
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electric service if the customer's chosen electric retail provider |
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would otherwise be required to transfer the customer to a provider |
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of last resort under commission rules. |
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(i) The commission by rule shall establish a provider of |
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last resort public education program to inform consumers about the |
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default services offered by providers of last resort and the |
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procedure by which customers may opt out of and reinstate the |
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default services of providers of last resort. |
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SECTION 3. The Public Utility Commission of Texas shall |
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establish the opt-out procedure, opt-out participant list, and |
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provider of last resort public education program required by |
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Sections 39.106(h) and (i), Utilities Code, as added by this Act, |
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not later than January 1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |