By: Phelan H.B. No. 2212
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the registration and regulation of customer choice
  consultants by the Public Utility Commission of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 39, Utilities Code, is
  amended by adding Section 39.3555 to read as follows:
         Sec. 39.3555  REGISTRATION OF RESIDENTIAL CUSTOMER CHOICE
  CONSULTANTS.
         (a)  In this section, "residential electric customer
  consulting" means acting for profit on behalf of a residential
  retail customer to enroll the customer and manage on behalf of the
  customer the customer service plan with a retail electric provider.
  The term does not include:
               (1)  Assisting a customer to select a retail electric
  provider without enrolling the customer and managing the customer
  service plan on behalf of the customer.
               (2)  Performing the services of an aggregator under
  Section 39.353.
         (b)  A person may not provide electric customer consulting
  services unless the person is registered with the commission as a
  residential customer choice consultant.
         (c)  A residential customer choice consultant may not:
               (1)  Sell or take title to electricity; or
               (2)  Be affiliated with a retail electric provider.
         (d)  A retail electric provider may not refuse to provide
  retail electric service to a retail customer because the customer
  uses a residential consumer choice consultant.
         (e)  The commission shall approve or deny an application for
  registration as a residential customer choice consultant not later
  than the 60th day after the date the commission receives the
  application.
         (f)  The commission shall adopt rules as necessary to
  implement this section and to ensure the reliability and integrity
  of residential customer choice consultants, including:
               (1)  Consumer protection requirements;
               (2)  Disclosure requirement; and
               (3)  Marketing guidelines
         SECTION 2.  The Public Utility Commission shall adopt rules
  required by Section 39.3555, Utilities Code, as added by this Act,
  not later than January 1, 2020.
         SECTION 3.  This Act takes effect September 1, 2019.