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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, or persons with special medical needs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.101, Utilities Code, is amended by |
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adding Subsections (i), (j), and (k) to read as follows: |
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(i) A retail electric provider, power generation company, |
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aggregator, or other entity that provides retail electric service |
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may not, because of a late payment or failure to make a payment, |
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disconnect service to a residential customer who: |
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(1) requests and qualifies for a deferred payment |
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plan; and |
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(2) is: |
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(A) at least 62 years of age; |
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(B) a person or resides with a person who, if |
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electric service is disconnected, is likely to become seriously ill |
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or become more seriously ill; or |
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(C) unable to engage in any substantial gainful |
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activity by reason of a medically determinable physical or mental |
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disability. |
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(j) If a residential customer's electric account is past |
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due, the retail electric provider, power generation company, |
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aggregator, or other entity that provides retail electric service |
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to the customer shall give the customer notice that the account is |
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past due. The notice must be in conspicuous print on the first page |
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of the disconnection notice or of the residential customer's first |
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electric bill after the account becomes past due, whichever is sent |
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earlier. The notice must also inform the customer that the customer |
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may qualify for a deferred payment plan and describe the manner in |
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which the customer may request the plan. |
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(k) A retail electric provider, power generation company, |
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aggregator, or other entity that provides retail electric service |
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shall provide to a residential customer described by Subsection (i) |
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who receives notice of a past due account and who can demonstrate |
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financial inability to pay the amount due promptly, the opportunity |
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to request a deferred payment plan. The commission by rule shall |
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establish requirements for criteria for a customer to qualify for a |
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deferred payment plan required under this subsection. |
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SECTION 2. This Act takes effect September 1, 2009. |