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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 and to liability for damages caused by an advanced |
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meter. |
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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 (l), (m), (n), and (o) to read as follows: |
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(l) 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 that transmit data using |
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wireless technology is civilly liable to a customer for damages for |
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invasion of the customer's personal privacy, including any economic |
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damages caused by the loss, misuse, or theft of information about |
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the customer that was acquired by use of an advanced meter. |
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(m) 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, not later than the 30th day after the |
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date the customer receives the notice, the customer declines to |
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have the advanced meter installed, the utility: |
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(1) may not install the meter; |
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(2) may not charge the customer a fee for declining |
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installation or the nonbypassable surcharge otherwise authorized |
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by Subsection (h); and |
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(3) may not charge the customer a fee for costs |
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associated with traditional metering services. |
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(n) 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 customer chooses to remove |
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the advanced meter, the utility: |
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(1) must remove the advanced meter; |
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(2) may not charge the customer a fee for removing or |
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replacing the meter or the nonbypassable surcharge described by |
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Subsection (h); and |
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(3) may not charge the customer a fee for costs |
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associated with traditional metering services. |
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(o) A customer who chooses not to use an advanced meter and |
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the electric utility or transmission and distribution utility that |
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provides service to the customer may agree that the customer will |
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self-report meter data by telephone or electronic mail in place of |
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traditional metering services. |
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SECTION 2. This Act takes effect September 1, 2015. |