81R12421 JJT-D
 
  By: Davis of Dallas H.B. No. 3533
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to surcharges for advanced metering of electric utility
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.107(h), Utilities Code, is amended to
  read as follows:
         (h)  The commission shall establish a nonbypassable
  surcharge for an electric utility or transmission and distribution
  utility to use to recover reasonable and necessary costs incurred
  in deploying advanced metering and meter information networks to
  residential customers and nonresidential customers other than
  those required by the independent system operator to have an
  interval data recorder meter.  The commission shall ensure that the
  nonbypassable surcharge reflects a deployment of advanced meters
  that is no more than one-third of the utility's total meters over
  each calendar year and shall ensure that the nonbypassable
  surcharge does not result in the utility recovering more than its
  actual, fully allocated meter and meter information network costs.  
  The expenses must be allocated to the customer classes receiving
  the services, based on the electric utility's most recently
  approved tariffs, and the amount of the surcharge must be stated
  separately on each customer's bill. The commission by rule shall
  provide that a surcharge under this subsection may not be imposed on
  a customer before the customer has an advanced meter installed
  unless the electric utility or transmission and distribution
  utility provides for the customer to recover the full amount of
  surcharges paid by means of a discount for billed services after
  installation of the meter.
         SECTION 2.  The Public Utility Commission of Texas shall
  adopt rules to implement the changes in law made by Section
  39.107(h), Utilities Code, as amended by this Act. The rules must
  take effect not later than January 1, 2010.
         SECTION 3.  This Act takes effect September 1, 2009.