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A BILL TO BE ENTITLED
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AN ACT
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relating to authority of an electric utility customer to choose not |
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to have an advanced meter; adding provisions subject to a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Utilities Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. CONSUMER PROTECTIONS |
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Sec. 38.151. RIGHT TO DECLINE OR REMOVE RADIO-EMITTING |
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ADVANCED METER. (a) An electric utility by mail shall send to each |
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retail electric service customer scheduled to receive an advanced |
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meter that emits radio waves a notice to inform the customer that |
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the customer may decline to have the meter installed and of the |
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manner in which the customer may decline the installation. The |
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notice may be included in a customer's monthly bill. The notice must |
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provide a period of at least 30 days after the date the customer is |
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expected to receive the notice during which the customer may notify |
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the electric utility of the customer's choice to decline the |
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installation of the meter. |
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(b) If a retail electric service customer notifies the |
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electric utility that the customer declines to have the advanced |
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meter installed during the period stated in the notice, the |
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electric utility: |
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(1) may not install the meter; |
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(2) may not charge the customer for declining |
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installation; and |
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(3) may not charge the customer for costs associated |
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with traditional metering services. |
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(c) An electric utility that has deployed advanced meters |
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that emit radio waves shall include in the monthly bill for each |
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retail electric service customer that is using an installed |
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advanced meter of that type a notice to inform the customer that the |
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customer may request 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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request the removal and replacement. |
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(d) If a retail electric service customer or the owner of |
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property where an advanced meter that emits radio waves is |
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installed for retail electric service requests to have the meter |
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removed, the electric utility: |
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(1) shall promptly remove the advanced meter and |
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replace it with a conventional meter; |
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(2) may not charge the customer or property owner for |
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removing or replacing the meter; and |
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(3) may not charge the customer or property owner |
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costs associated with traditional metering services. |
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SECTION 2. Section 39.107, Utilities Code, is amended by |
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adding Subsections (l), (m), (n), and (o) to read as follows: |
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(l) An electric utility by mail shall send to each retail |
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electric service customer scheduled to receive an advanced meter |
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that emits radio waves a notice to inform the customer that the |
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customer may decline to have the meter installed and of the manner |
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in which the customer may decline the installation. The notice may |
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be included in a customer's monthly bill. The notice must provide a |
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period of at least 30 days after the date the customer is expected |
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to receive the notice during which the customer may notify the |
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electric utility of the customer's choice to decline the |
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installation of the meter. |
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(m) If a retail electric service customer notifies the |
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electric utility that the customer declines to have the advanced |
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meter installed during the period stated in the notice, the |
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electric utility: |
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(1) may not install the meter; |
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(2) may not charge the customer for declining |
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installation or the nonbypassable surcharge otherwise au |
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thorized |
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by Subsection (h); and |
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(3) may not charge the customer for costs associated |
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with traditional metering services. |
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(n) An electric utility that has deployed advanced meters |
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that emit radio waves shall include in the monthly bill for each |
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retail electric service customer that is using an installed |
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advanced meter of that type a notice to inform the customer that the |
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customer may request 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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request the removal and replacement. |
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(o) If a retail electric service customer or the owner of |
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property where an advanced meter that emits radio waves is |
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installed for retail electric service requests to have the meter |
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removed, the electric utility: |
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(1) shall promptly remove the advanced meter and |
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replace it with a conventional meter; |
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(2) may not charge the customer or property owner for |
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removing or replacing the meter; |
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(3) may not charge the customer the nonbypassable |
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surcharge otherwise authorized by Subsection (h); and |
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(4) may not charge the customer or property owner |
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costs associated with traditional metering services. |
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SECTION 3. This Act takes effect September 1, 2015. |