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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 on the customer's property. |
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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 by mail to each |
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customer scheduled to receive an advanced meter under the plan a |
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notice to inform the customer that the customer may decline to have |
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the meter installed and of the manner in which the customer may |
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decline installation. If the utility includes the notice with the |
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customer's bill, the utility must print the notice on a separate |
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page. If, not later than the 30th day after the date the customer |
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receives the notice, the customer declines to have the advanced |
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meter installed, the utility: |
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(1) may not install the meter; and |
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(2) may not charge the customer the nonbypassable |
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surcharge otherwise authorized by Subsection (h). |
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(l) An electric utility or transmission and distribution |
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utility that has deployed advanced meters under a plan approved by |
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the commission shall send by mail to each customer that is using an |
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installed advanced meter a notice to inform the customer that the |
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customer may choose to have the meter removed and replaced with a |
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conventional meter and of the manner in which the customer may |
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choose removal and replacement. If the utility includes the notice |
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with the customer's bill, the utility must print the notice on a |
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separate page. If the customer chooses to remove the advanced |
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meter, the utility: |
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(1) must remove the advanced meter; and |
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(2) may not charge the customer the nonbypassable |
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surcharge described by Subsection (h). |
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SECTION 2. (a) This section applies only to an electric |
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utility or transmission and distribution utility that, before the |
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effective date of this Act, received approval from the Public |
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Utility Commission of Texas of the utility's plan for deploying |
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advanced meters but that has not completed that deployment on the |
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effective date of this Act. |
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(b) An electric utility or transmission and distribution |
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utility shall suspend the deployment of advanced meters for not |
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less than 45 days beginning on the effective date of this Act. |
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(c) Not later than the 15th day after the effective date of |
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this Act, an electric utility or transmission and distribution |
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utility shall send the notice required by Section 39.107(k), |
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Utilities Code, as added by this Act, to each customer who is |
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scheduled to receive an advanced meter under the deployment plan |
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but has not received the meter. If a customer declines installation |
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of the meter in the manner provided by the notice, the utility shall |
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refund to the customer the amount of any nonbypassable surcharge |
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imposed under Section 39.107(h), Utilities Code, that the utility |
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previously collected from the customer. |
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(d) 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 the notice required by Section 39.107(l), |
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Utilities Code, as added by this Act, to each customer who has |
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received an advanced meter under the deployment plan. |
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SECTION 3. This Act takes effect September 1, 2013. |