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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a customer to choose not to have an |
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advanced meter installed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.107, Utilities Code, is amended by |
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adding Subsections (k) and (l) to read as follows: |
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(k) An electric utility or transmission and distribution |
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utility that receives from the commission approval of the utility's |
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plan for deploying advanced meters shall send to each customer |
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scheduled to receive an advanced meter under the plan a notice that |
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the customer may decline to have the meter installed. The utility |
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shall send the notice to the customer's billing address by mail and |
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describe the manner in which the customer may decline installation. |
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If the utility includes the notice with the customer's bill, the |
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utility must print the notice on a separate page. |
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(l) If, not later than the 30th day after the date the |
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customer receives the notice, the customer declines to have the |
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advanced meter installed, the utility may not: |
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(1) install the meter; or |
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(2) charge the customer the nonbypassable surcharge |
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otherwise authorized by Subsection (h). |
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SECTION 2. (a) An electric utility or transmission and |
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distribution utility that, before the effective date of this Act, |
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received approval from the Public Utility Commission of Texas of |
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the utility's plan for deploying advanced meters but that has not |
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completed that deployment on the effective date of this Act, shall |
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suspend that deployment on the effective date of this Act. |
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(b) Not later than the 15th day after the effective date of |
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this Act, the electric utility or transmission and distribution |
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utility shall send to each customer who is scheduled to receive an |
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advanced meter under the deployment plan, but who has not received |
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the meter, the notice required by Section 39.107(k), Utilities |
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Code, as added by this Act. If a customer declines installation of |
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the meter, as provided by Section 39.107(l), Utilities Code, as |
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added by this Act, the utility shall refund to the customer the |
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amount of any nonbypassable surcharge imposed under Section |
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39.107(h), Utilities Code, that the utility previously collected |
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from the customer. |
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SECTION 3. This Act takes effect September 1, 2011. |