83R2545 DDT-D
 
  By: Carona S.B. No. 241
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of an electric customer to choose not to
  have a utility's advanced meter.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.107, Utilities Code, is amended by
  adding Subsections (k), (l), and (m) to read as follows:
         (k)  An electric utility or transmission and distribution
  utility that receives from the commission approval of the utility's
  plan for deploying advanced meters shall send by mail to each
  customer scheduled to receive an advanced meter under the plan a
  notice to inform the customer that the customer may decline to have
  the advanced meter installed and of the manner in which and date by
  which the customer must decline installation. If a customer timely
  declines to have the advanced meter installed, the utility:
               (1)  may charge the customer a reasonable fee for costs
  associated with the refusal of installation and with providing
  traditional metering services; and
               (2)  may not:
                     (A)  install the meter; or
                     (B)  charge the customer the nonbypassable
  surcharge otherwise authorized by Subsection (h).
         (l)  An electric utility or transmission and distribution
  utility that has deployed advanced meters under a plan approved by
  the commission shall send by mail to each customer that is using an
  installed advanced meter a notice to inform the customer that the
  customer may choose to have the meter removed and of the manner in
  which the customer must choose removal. If the customer chooses to
  remove the advanced meter, the utility:
               (1)  shall remove the advanced meter; and
               (2)  may charge the customer a reasonable fee for costs
  associated with:
                     (A)  removing the advanced meter;
                     (B)  installing a conventional meter; and
                     (C)  providing traditional metering services.
         (m)  The commission by rule shall establish a mechanism for
  charging the fees authorized by Subsections (k) and (l).  The amount
  of the fee for a customer who declines to have an advanced meter
  installed must be the same as that for a customer who chooses to
  remove an advanced meter.  The commission by rule shall provide for
  a minimum period between the time a notice under Subsection (k) is
  mailed and the date by which a customer must decline installation.
         SECTION 2.  The Public Utility Commission of Texas shall
  adopt rules under Section 39.107(m), Utilities Code, as added by
  this Act, as soon as practicable following the effective date of
  this Act, but not later than January 1, 2014.
         SECTION 3.  This Act takes effect September 1, 2013.