| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disconnection of electric or gas utility service. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 17, Utilities Code, is amended by adding |
|
|
Subchapter E to read as follows: |
|
|
SUBCHAPTER E. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION |
|
|
Sec. 17.201. DEFINITIONS. In this subchapter: |
|
|
(1) "Customer" means a person who receives electricity |
|
|
or gas service from a utility, including a landlord, premises |
|
|
owner, and property manager. |
|
|
(2) "Electric service provider" includes: |
|
|
(A) an electric utility, as defined by Section |
|
|
31.002; |
|
|
(B) a retail electric provider; |
|
|
(C) an electric cooperative; and |
|
|
(D) a municipally owned utility. |
|
|
(3) "Gas utility" has the meaning assigned by Section |
|
|
181.021. |
|
|
(4) "Nonsubmetered master metered property" means an |
|
|
apartment, a leased or owner-occupied condominium, or one or more |
|
|
buildings containing at least 10 dwellings that receive electric |
|
|
utility service or gas utility service that is master metered but |
|
|
not submetered. |
|
|
Sec. 17.202. NOTICE OF DISCONNECTION TO NONSUBMETERED |
|
|
MASTER METERED MULTIFAMILY PROPERTY CUSTOMERS, MUNICIPALITIES, AND |
|
|
TENANTS. (a) An electric service provider or a gas utility may not |
|
|
disconnect service to a nonsubmetered master metered property for |
|
|
nonpayment for services unless the electric service provider or gas |
|
|
utility sends a written notice of service disconnection to a |
|
|
customer and, if the property is located in a municipality, to the |
|
|
governing body of that municipality not later than the 30th day |
|
|
before the date the electric service provider or gas utility, as |
|
|
applicable, disconnects the electric or gas service. |
|
|
(b) A customer shall provide written notice of a service |
|
|
disconnection to each tenant or owner at a nonsubmetered master |
|
|
metered property not later than the fifth day after the date the |
|
|
customer receives a notice of service disconnection from an |
|
|
electric service provider or gas utility. A customer must provide |
|
|
the notice by mail to the tenant or owner's preferred mailing |
|
|
address. The written notice must state the service to be |
|
|
disconnected, the date and reason for the disconnection, the |
|
|
customer's contact information, and the tenant's remedies under |
|
|
Section 92.301, Property Code. |
|
|
(c) If the property is located in a municipality, the |
|
|
customer shall provide the notice described by Subsection (b) to |
|
|
the governing body of that municipality by certified mail. The |
|
|
notice must include the following text: |
|
|
"Notice to residents of [name and address of nonsubmetered |
|
|
master metered property]: Electric service to this property is |
|
|
scheduled for disconnection on [date] because [reason for |
|
|
disconnection]." |
|
|
The governing body of the municipality may provide additional |
|
|
notice to the property's tenants and owners after receipt of the |
|
|
service disconnection notice under Subsection (b). |
|
|
Sec. 17.203. ADDITIONAL SAFEGUARDS. (a) The customer |
|
|
safeguards provided by this subchapter are in addition to |
|
|
safeguards provided by other law or commission rules. |
|
|
(b) This subchapter does not prohibit a municipality, an |
|
|
electric cooperative, or the commission from adopting customer |
|
|
safeguards that exceed the safeguards provided by this chapter. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
in regard to disconnection of service for nonpayment of a utility |
|
|
bill issued for a billing period that begins on or after the |
|
|
effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |