Bill Text: TX HB1171 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to civil liability for certain damages caused by advanced meters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-20 - Referred to State Affairs [HB1171 Detail]
Download: Texas-2013-HB1171-Introduced.html
| 83R8085 T | ||
| By: Simpson | H.B. No. 1171 | |
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| relating to civil liability for certain damages caused by advanced | ||
| meters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 39.107, Utilities Code, is amended by | ||
| adding Subsections (k) and (l) to read as follows: | ||
| (k)(1) In this subsection, "property damage" includes: | ||
| (A) an invasion of personal privacy; and | ||
| (B) economic damage caused by the loss, misuse or | ||
| theft of data that is acquired by use of an advanced meter and | ||
| belongs to a customer under this section. | ||
| (2) This subsection applies to an electric utility or | ||
| transmission and distribution utility that receives from the | ||
| commission approval of the utility's plan for deploying advanced | ||
| meters that transmit data using wireless technology, if the plan | ||
| does not: | ||
| (A) allow each customer scheduled to receive an | ||
| advanced meter under the plan to decline, without charge, to have | ||
| the advanced meter installed; or | ||
| (B) allow each customer that is using an | ||
| installed advanced meter to choose to have the meter removed, | ||
| without charge. | ||
| (3) An electric utility or a transmission and | ||
| distribution utility described by subsection (2) is civilly liable | ||
| to a customer for personal injury, property damage or death arising | ||
| out of the use of an advanced meter. | ||
| (l) An electric utility or transmission and distribution | ||
| utility that receives from the commission approval of the utility's | ||
| plan for deploying advanced meters shall send by mail to each | ||
| customer scheduled to receive an advanced meter under the plan a | ||
| notice to inform the customer that the customer may decline, | ||
| without charge, to have the advanced meter installed and of the | ||
| manner in which and date by which the customer must decline | ||
| installation. An electric utility or transmission and distribution | ||
| utility that has deployed advanced meters under a plan approved by | ||
| the commission shall send by mail to each customer that is using an | ||
| installed advanced meter a notice to inform the customer that the | ||
| customer may choose to have the meter removed without charge and of | ||
| the manner in which the customer must choose removal. | ||
| SECTION 7. 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, 2013. | ||
