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