By: Solomons, et al. (Senate Sponsor - Fraser) H.B. No. 1822
         (In the Senate - Received from the House March 30, 2009;
  April 27, 2009, read first time and referred to Committee on
  Business and Commerce; May 23, 2009, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; May 23, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1822 By:  Fraser
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use of certain terms by certificated
  telecommunications utilities, retail electric providers, and
  electric utilities in retail bills.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 17.003(c), Utilities Code, is amended to
  read as follows:
         (c)  The commission shall adopt and enforce rules to require
  a certificated telecommunications utility, a retail electric
  provider, or an electric utility to give clear, uniform, and
  understandable information to customers about rates, terms,
  services, customer rights, and other necessary information as
  determined by the commission. The rules must include a list of
  defined terms common to the telecommunications and electricity
  industries and require that applicable terms be labeled uniformly
  in each contract and on each retail bill sent to a residential or
  small commercial customer by a certificated telecommunications
  utility, retail electric provider, or electric utility to
  facilitate consumer understanding of relevant billing elements.
         SECTION 2.  Section 17.004(a), Utilities Code, is amended to
  read as follows:
         (a)  All buyers of telecommunications and retail electric
  services are entitled to:
               (1)  protection from fraudulent, unfair, misleading,
  deceptive, or anticompetitive practices, including protection from
  being billed for services that were not authorized or provided;
               (2)  choice of a telecommunications service provider, a
  retail electric provider, or an electric utility, where that choice
  is permitted by law, and to have that choice honored;
               (3)  information in English and Spanish and any other
  language as the commission deems necessary concerning rates, key
  terms and conditions, and the basis for any claim of environmental
  benefits of certain production facilities;
               (4)  protection from discrimination on the basis of
  race, color, sex, nationality, religion, marital status, income
  level, or source of income and from unreasonable discrimination on
  the basis of geographic location;
               (5)  impartial and prompt resolution of disputes with a
  certificated telecommunications utility, a retail electric
  provider, or an electric utility and disputes with a
  telecommunications service provider related to unauthorized
  charges and switching of service;
               (6)  privacy of customer consumption and credit
  information;
               (7)  accuracy of metering and billing;
               (8)  bills presented in a clear, readable format and
  easy-to-understand language that uses defined terms as required by
  commission rules adopted under Section 17.003;
               (9)  information in English and Spanish and any other
  language as the commission deems necessary concerning low-income
  assistance programs and deferred payment plans;
               (10)  all consumer protections and disclosures
  established by the Fair Credit Reporting Act (15 U.S.C. Section
  1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
  et seq.); and
               (11)  after retail competition begins as authorized by
  the legislature, programs provided by retail electric providers
  that offer eligible low-income customers energy efficiency
  programs, an affordable rate package, and bill payment assistance
  programs designed to reduce uncollectible accounts.
         SECTION 3.  Section 17.102, Utilities Code, is amended to
  read as follows:
         Sec. 17.102.  RULES RELATING TO CHOICE.  The commission
  shall adopt and enforce rules that:
               (1)  ensure that customers are protected from deceptive
  practices employed in obtaining authorizations of service and in
  the verification of change orders, including negative option
  marketing, sweepstakes, and contests that cause customers to
  unknowingly change their telecommunications service provider,
  retail electric provider, or electric utility, where choice is
  permitted by law;
               (2)  provide for clear, easily understandable
  identification, in each bill sent to a customer, of all
  telecommunications service providers, retail electric providers,
  or electric utilities submitting charges on the bill;
               (3)  ensure that every service provider submitting
  charges on the bill is clearly and easily identified on the bill
  along with its services, products, and charges, using defined terms
  as required by commission rules adopted under Section 17.003;
               (4)  provide that unauthorized changes in service be
  remedied at no cost to the customer within a period established by
  the commission;
               (5)  require refunds or credits to the customer in the
  event of an unauthorized change; and
               (6)  provide for penalties for violations of commission
  rules adopted under this section, including fines and revocation of
  certificates or registrations, by this action denying the
  certificated telecommunications utility, the retail electric
  provider, or the electric utility the right to provide service in
  this state, except that the commission may not revoke a certificate
  of convenience and necessity of an electric utility except as
  provided by Section 37.059 or a certificate of convenience and
  necessity of a telecommunications utility except as provided by
  Section 54.008.
         SECTION 4.  Section 17.151(a), Utilities Code, is amended to
  read as follows:
         (a)  A service provider, retail electric provider, or
  billing agent may submit charges for a new product or service to be
  billed on a customer's telephone or retail electric bill on or after
  the effective date of this section only if:
               (1)  the service provider offering the product or
  service has thoroughly informed the customer of the product or
  service being offered, including all associated charges, and has
  explicitly informed the customer that the associated charges for
  the product or service will appear on the customer's telephone or
  electric bill;
               (2)  the customer has clearly and explicitly consented
  to obtain the product or service offered and to have the associated
  charges appear on the customer's telephone or electric bill and the
  consent has been verified as provided by Subsection (b); [and]
               (3)  the service provider offering the product or
  service and any billing agent for the service provider:
                     (A)  has provided the customer with a toll-free
  telephone number the customer may call and an address to which the
  customer may write to resolve any billing dispute and to answer
  questions; and
                     (B)  has contracted with the billing utility to
  bill for products and services on the billing utility's bill as
  provided by Subsection (c); and
               (4)  the service provider, retail electric provider, or
  billing agent uses defined terms on the bill and in contracts for
  residential and small commercial customers as required by
  commission rules adopted under Section 17.003.
         SECTION 5.  The Public Utility Commission of Texas shall
  adopt rules consistent with this Act not later than December 1,
  2009.
         SECTION 6.  This Act takes effect September 1, 2009.
 
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