H.B. No. 872
 
 
 
 
AN ACT
  relating to the disclosure of certain utility customer information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.1331 to read as follows:
         Sec. 552.1331.  EXCEPTION: CERTAIN GOVERNMENT-OPERATED
  UTILITY CUSTOMER INFORMATION. (a) In this section:
               (1)  "Advanced metering system" means a utility
  metering system that collects data at regular intervals through the
  use of an automated wireless or radio network.
               (2)  "Government-operated utility" has the meaning
  assigned by Section 182.051, Utilities Code.
         (b)  Except as provided by Subsection (c) of this section and
  Section 182.052, Utilities Code, information maintained by a
  government-operated utility is excepted from the requirements of
  Section 552.021 if it is information that:
               (1)  is collected as part of an advanced metering
  system for usage, services, and billing, including amounts billed
  or collected for utility usage; or
               (2)  reveals whether:
                     (A)  an account is delinquent or eligible for
  disconnection; or
                     (B)  services have been discontinued by the
  government-operated utility.
         (c)  A government-operated utility must disclose information
  described by Subsection (b)(1) to a customer of the utility or a
  representative of the customer if the information directly relates
  to utility services provided to the customer and is not
  confidential under law.
         SECTION 2.  The heading to Subchapter B, Chapter 182,
  Utilities Code, is amended to read as follows:
  SUBCHAPTER B. DISCLOSURE [CONFIDENTIALITY] OF CUSTOMER
  INFORMATION
         SECTION 3.  The heading to Section 182.052, Utilities Code,
  is amended to read as follows:
         Sec. 182.052.  DISCLOSURE [CONFIDENTIALITY] OF PERSONAL
  INFORMATION.
         SECTION 4.  Sections 182.052(a), (b), (c), and (d),
  Utilities Code, are amended to read as follows:
         (a)  Except as provided by Section 182.054, a
  government-operated utility may not disclose personal information
  in a customer's account record, or any information relating to the
  volume or units of utility usage or the amounts billed to or
  collected from the individual for utility usage, unless [if] the
  customer requests that the government-operated utility disclose
  [keep] the information [confidential]. [However, a
  government-operated utility may disclose information related to
  the customer's volume or units of utility usage or amounts billed to
  or collected from the individual for utility usage if the primary
  source of water for such utility was a sole-source designated
  aquifer.]
         (b)  A customer may request disclosure of information
  described by Subsection (a) [confidentiality] by delivering to the
  government-operated utility an appropriately marked form provided
  under Subsection (c)(2) [(c)(3)] or any other written request for
  disclosure [confidentiality].
         (c)  A government-operated utility shall include with a bill
  sent to each customer or shall post on the utility's Internet
  website:
               (1)  a notice of the customer's right to request
  disclosure [confidentiality] under this section [subchapter]; and
               (2)  [a statement of the amount of any fee applicable to
  the request; and
               [(3)]  a form by which the customer may request
  disclosure [confidentiality] by marking an appropriate box on the
  form and returning it to the government-operated utility, either by
  mail or electronically.
         (d)  A customer may rescind a request for disclosure under
  this section [confidentiality] by providing the
  government-operated utility a written request to withhold the
  customer's [permission to disclose] personal information beginning
  on the date the utility receives the request.
         SECTION 5.  Section 13.043(b-2), Water Code, is amended to
  read as follows:
         (b-2)  Unless [If] a ratepayer has requested that a
  municipally owned utility disclose [keep] the ratepayer's personal
  information [confidential] under Section 182.052, Utilities Code,
  the municipally owned utility may not disclose the address of the
  ratepayer under Subsection (b-1)(2).
         SECTION 6.  Section 182.053, Utilities Code, is repealed.
         SECTION 7.  Section 552.1331, Government Code, as added by
  this Act, applies only to a request for public information received
  by a governmental body or officer for public information on or after
  the effective date of this Act.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 872 was passed by the House on April
  21, 2021, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 872 on May 28, 2021, by the following vote:  Yeas 144, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 872 was passed by the Senate, with
  amendments, on May 21, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor