85R12399 GRM-F
 
  By: King of Hemphill H.B. No. 3656
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authority of an electric utility customer to choose not
  to have an advanced meter.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Utilities Code, is amended by adding
  Subchapter F to read as follows:
  SUBCHAPTER F. CONSUMER PROTECTIONS
         Sec. 38.151.  DEFINITIONS.  In this subchapter:
               (1)  "Advanced meter" means a digital, radio frequency
  emitting electric utility meter. 
               (2)  "Traditional meter" means a non-standard,
  non-transmitting electromechanical analog meter.
         Sec. 38.152.  RIGHT TO DECLINE INSTALLATION OF ADVANCED
  METER. (a)  An electric utility shall send to each retail electric
  service customer for whom installation of an advanced meter is
  scheduled a notice to inform the customer that the property owner,
  or the customer with the consent of the property owner, may decline
  to have the advanced meter installed and of the manner in which the
  property owner or the customer may decline the installation. The
  notice must be included in a customer's monthly bill.
         (b)  If a property owner, or a customer with the consent of
  the property owner, notifies the electric utility that the property
  owner or the customer declines to have the advanced meter
  installed, the electric utility:
               (1)  may not install the advanced meter;
               (2)  may not charge the customer or property owner for
  declining installation; and
               (3)  may not charge the customer or property owner for
  costs associated with traditional metering services.
         (c)  In addition to any other manner for declining the
  installation of an advanced meter as provided by the notice mailed
  under Subsection (a), the property owner, or the customer with the
  consent of the owner, may decline the installation by:
               (1)  posting a sign on the current traditional meter
  forbidding installation of an advanced meter; or
               (2)  verbally informing a utility worker at the time of
  installation of the intent to decline the installation of the
  advanced meter. 
         Sec. 38.153.  RIGHT TO REQUEST REMOVAL OF ADVANCED METER.
  (a)  An electric utility that has deployed advanced meters shall
  include in the monthly bill for each retail electric service
  customer that is using an installed advanced meter a notice to
  inform the customer that the property owner, or the customer with
  the consent of the property owner, may request to have the advanced
  meter removed and replaced with a traditional meter and of the
  manner in which the property owner, or the customer with the consent
  of the property owner, may request the removal and replacement.
         (b)  If a property owner, or a customer with the consent of
  the property owner, requests to have the advanced meter removed and
  replaced with a traditional meter, the electric utility:
               (1)  may charge the property owner or customer a
  one-time fee for the installation of the traditional meter;
               (2)  may assess the nonbypassable surcharge authorized
  by Section 39.107(h) to offset the costs incurred for meter
  replacement and reading;
               (3)  may estimate customer bills for three consecutive
  months with a meter reading conducted by the customer or utility
  every four months;
               (4)  may allow the customer to read the meter and report
  monthly utility usage;
               (5)  shall consider the customer's reported meter
  reading as valid for billing purposes;
               (6)  may not charge monthly meter reading fees to the
  customer;
               (7)  shall read the customer's meter not less
  frequently than annually; 
               (8)  shall bill the customer after each reading for any
  underbilling or credit the customer for any overbilling that
  results from estimated billing; and
               (9)  may not deny the customer access to the
  traditional meter.
         (c)  The fee described by Subsection (b)(1) must be payable
  by the customer in equal monthly installments billed together with
  the customer's bill for utility service over a period of not less
  than one year. The total fee may not exceed $120 and the
  installments may not exceed $10 except that the fee for a low-income
  customer may not exceed $60 and the installments may not exceed $5.
         SECTION 2.  This Act takes effect September 1, 2017.