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A BILL TO BE ENTITLED
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AN ACT
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relating to the date of payment for retail electric services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 181, Utilities Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. PAYMENT FOR RETAIL ELECTRIC SERVICES |
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Sec. 181.151. DEFINITION. In this subchapter, "retail |
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provider" means a public or private provider of retail electric |
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services. The term includes: |
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(1) an electric utility as defined by Section 31.002; |
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(2) an electric cooperative as defined by Section |
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11.003; |
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(3) a municipally owned utility as defined by Section |
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11.003; and |
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(4) a retail electric provider as defined by Section |
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31.002. |
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Sec. 181.152. DATE OF POSTMARK OF UTILITY PAYMENT TREATED |
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AS DATE OF PAYMENT. (a) A payment for retail electric services |
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that is mailed to the retail provider using the United States Postal |
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Service is considered made on the date the envelope or cover is |
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postmarked by the postal service only if: |
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(1) the payment is not required by law or contract to |
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be delivered by a method other than by mail; |
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(2) the payment has been deposited in the United |
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States mail, with sufficient postage prepaid; and |
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(3) the envelope or cover has been properly addressed |
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to the retail provider. |
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(b) A payment that does not conform to Subsection (a) is |
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considered made on the date the payment is delivered to the retail |
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provider. |
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(c) A payment for retail electric services that is submitted |
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electronically to the retail provider is considered made on the |
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date reflected by the time stamp. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a payment due to a retail provider on or after the effective |
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date of this Act. A payment due to a retail provider before the |
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effective date of this Act is governed by the law in effect on the |
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date the payment is due, and the former law is continued in effect |
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for that purpose. |
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(b) Subchapter G, Chapter 181, Utilities Code, as added by |
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this Act, does not apply to the date a payment for retail electric |
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services is considered made to the extent its application may |
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impair a contract entered into before the effective date of this Act |
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that specifies the date a payment for retail electric services is |
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considered made, and the law at the time the contract was entered |
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into is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |