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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of expiration and price change in certain retail |
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electric service contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 39, Utilities Code, is |
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amended by adding Section 39.112 to read as follows: |
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Sec. 39.112. NOTICE OF EXPIRATION AND PRICE CHANGE. (a) In |
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this section, "fixed rate product" means a retail electric product |
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with a term of at least three months for which the price for each |
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billing period, including recurring charges, does not change |
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throughout the term of the contract, except that the price may vary |
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to reflect actual changes in transmission and distribution utility |
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charges, changes to ERCOT or Texas Regional Entity administrative |
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fees charged to loads, or changes to federal, state, or local laws |
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that result in new or modified fees or costs that are not within the |
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retail electric provider's control. |
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(b) A retail electric provider shall provide a residential |
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customer who has a fixed rate product with at least two written |
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notices of the date the fixed rate product will expire. The notices |
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must: |
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(1) be sent to the customer's billing address by mail |
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at least once during each of the two consecutive billing cycles |
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preceding the date the contract will expire; |
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(2) be sent to the customer's e-mail address, if |
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available to the provider, at least once during each of the two |
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consecutive billing cycles preceding the date the contract will |
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expire; |
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(3) include on the outside of the envelope in which the |
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notice is sent a statement that reads: "Important Notice: Your |
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Contract Will Expire Soon. See Enclosed."; and |
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(4) if included with a customer's bill, be printed on a |
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separate page that is immediately visible on opening the envelope. |
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(c) A retail electric provider shall include on each billing |
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statement the beginning and end date of the fixed price contract. |
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(d) A retail electric provider shall include a statement on |
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the front of the first page of a customer's bill, in at least |
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12-point type, that reads: "For more information about residential |
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electric service, please visit http://www.powertochoose.org." This |
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subsection expires September 1, 2011. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for retail electric service entered into or renewed on |
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or after the effective date of this Act. A contract for retail |
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electric service entered into or renewed before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |