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  By: Sanford H.B. No. 2814
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of utility usage information by governmental
  entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  SHORT TITLE.  This Act may be cited as the Data
  Electronic Limitations Act, DELTA.
         SECTION 2.  Subchapter A, Chapter 17, Utilities Code, is
  amended by adding Section 17.010 to read as follows:
         Sec. 17.010.  GOVERNMENTAL USAGE OF PRIVATE PERSON OR
  PRIVATE ENTITY'S UTILITY USAGE INFORMATION.  (a)  In this section,
  "governmental entity" includes:
               (1)  this state;
               (2)  a state agency;
               (3)  a county, municipality, or special district; or
               (4)  a combination of entities described by
  Subdivisions (1)-(3).
         (b)  Other than gross usage of information to improve rate
  standards, a governmental entity may not use information or devices
  related to utility usage by a private person or business to
  legislate to restrict usage.
         (c)  An independent organization certified under Section
  39.151 may collect and store information for planning purposes,
  provided that the information is not collected or stored in
  association with the name of a private person.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.