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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for certain damages caused by advanced |
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meters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.107, Utilities Code, is amended by |
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adding Subsections (k) and (l) to read as follows: |
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(k)(1) In this subsection, "property damage" includes: |
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(A) an invasion of personal privacy; and |
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(B) economic damage caused by the loss, misuse or |
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theft of data that is acquired by use of an advanced meter and |
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belongs to a customer under this section. |
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(2) This subsection applies to an electric utility or |
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transmission and distribution utility that receives from the |
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commission approval of the utility's plan for deploying advanced |
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meters that transmit data using wireless technology, if the plan |
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does not: |
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(A) allow each customer scheduled to receive an |
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advanced meter under the plan to decline, without charge, to have |
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the advanced meter installed; or |
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(B) allow each customer that is using an |
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installed advanced meter to choose to have the meter removed, |
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without charge. |
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(3) An electric utility or a transmission and |
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distribution utility described by subsection (2) is civilly liable |
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to a customer for personal injury, property damage or death arising |
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out of the use of an advanced meter. |
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(l) An electric utility or transmission and distribution |
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utility that receives from the commission approval of the utility's |
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plan for deploying advanced meters shall send by mail to each |
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customer scheduled to receive an advanced meter under the plan a |
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notice to inform the customer that the customer may decline, |
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without charge, to have the advanced meter installed and of the |
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manner in which and date by which the customer must decline |
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installation. An electric utility or transmission and distribution |
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utility that has deployed advanced meters under a plan approved by |
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the commission shall send by mail to each customer that is using an |
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installed advanced meter a notice to inform the customer that the |
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customer may choose to have the meter removed without charge and of |
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the manner in which the customer must choose removal. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |