| |
| |
|
|
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. |