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A BILL TO BE ENTITLED
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AN ACT
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relating to the disconnection of electric or gas utility service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 92, Property Code, is |
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amended by adding Section 92.302 to read as follows: |
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Sec. 92.302. NOTICE OF UTILITY DISCONNECTION OF |
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NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO |
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MUNICIPALITIES, OWNERS, AND TENANTS. (a) In this section: |
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(1) "Customer" means a person who is responsible for |
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bills received for electric utility service or gas utility service |
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provided to nonsubmetered master metered multifamily property. |
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(2) "Nonsubmetered master metered multifamily |
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property" means an apartment, a leased or owner-occupied |
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condominium, or one or more buildings containing at least 10 |
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dwellings that receive electric utility service or gas utility |
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service that is master metered but not submetered. |
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(b) A customer shall provide written notice of a service |
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disconnection to each tenant or owner at a nonsubmetered master |
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metered multifamily property not later than the fifth day after the |
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date the customer receives a notice of service disconnection from |
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an electric service provider or a gas utility. The customer must |
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provide the notice by mail to the tenant's or owner's preferred |
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mailing address or hand deliver the notice to the tenant or owner. |
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The written notice must include the customer's contact information |
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and the tenant's remedies under Section 92.301. The notice must |
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include the following text in both English and Spanish: |
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"Notice to residents of (name and address of nonsubmetered |
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master metered multifamily property): Electric (or gas) service to |
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this property is scheduled for disconnection on (date) because |
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(reason for disconnection)." |
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(c) If the property is located in a municipality, the |
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customer shall provide the same notice described by Subsection (b) |
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to the governing body of that municipality by certified mail. The |
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governing body of the municipality may provide additional notice to |
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the property's tenants and owners after receipt of the service |
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disconnection notice under this subsection. |
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(d) A customer is not required to provide the notices |
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described by this section if the customer avoids the disconnection |
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by paying the bill. |
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SECTION 2. Chapter 17, Utilities Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION |
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Sec. 17.201. DEFINITION. In this subchapter, |
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"nonsubmetered master metered multifamily property" means an |
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apartment, a leased or owner-occupied condominium, or one or more |
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buildings containing at least 10 dwellings that receive electric |
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utility service that is master metered but not submetered. |
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Sec. 17.202. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR |
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NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) A retail |
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electric provider or a vertically integrated electric utility, not |
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including a municipally owned utility or an electric cooperative, |
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in an area where customer choice has not been introduced shall send |
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a written notice of service disconnection to a municipality before |
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the retail electric provider or vertically integrated electric |
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utility disconnects service to a nonsubmetered master metered |
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multifamily property for nonpayment if: |
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(1) the property is located in the municipality; and |
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(2) the municipality establishes an authorized |
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representative to receive the notice as described by Section |
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17.203(c). |
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(b) The retail electric provider or vertically integrated |
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electric utility in an area where customer choice has not been |
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introduced shall send the notice required by this section not later |
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than the 10th day before the date electric service is scheduled for |
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disconnection. |
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Sec. 17.203. ADDITIONAL SAFEGUARDS. (a) The customer |
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safeguards provided by this subchapter are in addition to |
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safeguards provided by other law or agency rules. |
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(b) This subchapter does not prohibit a municipality or the |
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commission from adopting customer safeguards that exceed the |
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safeguards provided by this chapter. |
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(c) The commission by rule shall develop a mechanism by |
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which a municipality may provide the commission with the contact |
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information of the municipality's authorized representative to |
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whom the notice required by Section 17.202 must be sent. The |
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commission shall make the contact information available to the |
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public. |
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SECTION 3. Chapter 104, Utilities Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION |
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Sec. 104.351. DEFINITIONS. In this subchapter: |
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(1) "Customer" means any person in whose name gas |
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utility service is billed, including individuals, governmental |
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units at all levels of government, corporate entities, and any |
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other entity with legal capacity to be billed for gas service. |
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(2) "Gas utility" has the meaning assigned by Section |
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181.021 but does not include a municipally owned utility or gas |
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utility owned by an electric cooperative. |
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(3) "Nonsubmetered master metered multifamily |
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property" means an apartment, a leased or owner-occupied |
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condominium, or one or more buildings containing at least 10 |
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dwellings that receive gas utility service that is master metered |
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but not submetered. |
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Sec. 104.352. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR |
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NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) A gas |
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utility shall send a written notice of service disconnection to a |
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municipality before the gas utility disconnects service to a |
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nonsubmetered master metered multifamily property for nonpayment |
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if: |
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(1) the property is located in the municipality; and |
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(2) the municipality establishes an authorized |
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representative to receive the notice as described by Section |
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104.353(c). |
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(b) The gas utility shall send the notice required by this |
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section not later than the 10th day before the date gas utility |
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service is scheduled for disconnection. |
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Sec. 104.353. ADDITIONAL SAFEGUARDS. (a) The customer |
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safeguards provided by this subchapter are in addition to |
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safeguards provided by other law or agency rules. |
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(b) This subchapter does not prohibit a municipality or the |
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regulatory authority from adopting customer safeguards that exceed |
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the safeguards provided by this chapter. |
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(c) The regulatory authority by rule shall develop a |
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mechanism by which a municipality may provide the regulatory |
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authority with the contact information of the municipality's |
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authorized representative to whom the notice required by Section |
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104.352 must be sent. The regulatory authority shall make the |
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contact information available to the public. |
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SECTION 4. The change in law made by this Act applies only |
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in regard to disconnection of service for nonpayment of a utility |
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bill issued for a billing period that begins on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect January 1, 2014. |