By: Bonnen of Brazoria	H.B. No. 3421

	A BILL TO BE ENTITLED
	AN ACT
	relating to authority of an electric utility customer to choose not
	to have an advanced meter; adding provisions subject to a criminal
	penalty.
	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.  RIGHT TO DECLINE OR REMOVE RADIO-EMITTING
	ADVANCED METER. (a) An electric utility by mail shall send to each
	retail electric service customer scheduled to receive an advanced
	meter that emits radio waves a notice to inform the customer that
	the customer may decline to have the meter installed and of the
	manner in which the customer may decline the installation. The
	notice may be included in a customer's monthly bill. The notice must
	provide a period of at least 30 days after the date the customer is
	expected to receive the notice during which the customer may notify
	the electric utility of the customer's choice to decline the
	installation of the meter.
	(b)  If a retail electric service customer notifies the
	electric utility that the customer declines to have the advanced
	meter installed during the period stated in the notice, the
	electric utility:
	(1)  may not install the meter;
	(2)  may not charge the customer for declining
	installation; and
	(3)  may not charge the customer for costs associated
	with traditional metering services.
	(c)  An electric utility that has deployed advanced meters
	that emit radio waves shall include in the monthly bill for each
	retail electric service customer that is using an installed
	advanced meter of that type a notice to inform the customer that the
	customer may request to have the meter removed and replaced with a
	conventional meter and of the manner in which the customer may
	request the removal and replacement.
	(d)  If a retail electric service customer or the owner of
	property where an advanced meter that emits radio waves is
	installed for retail electric service requests to have the meter
	removed, the electric utility:
	(1)  shall promptly remove the advanced meter and
	replace it with a conventional meter;
	(2)  may not charge the customer or property owner for
	removing or replacing the meter; and
	(3)  may not charge the customer or property owner
	costs associated with traditional metering services.
	SECTION 2.  Section 39.107, Utilities Code, is amended by
	adding Subsections (l), (m), (n), and (o) to read as follows:
	(l)  An electric utility by mail shall send to each retail
	electric service customer scheduled to receive an advanced meter
	that emits radio waves a notice to inform the customer that the
	customer may decline to have the meter installed and of the manner
	in which the customer may decline the installation. The notice may
	be included in a customer's monthly bill. The notice must provide a
	period of at least 30 days after the date the customer is expected
	to receive the notice during which the customer may notify the
	electric utility of the customer's choice to decline the
	installation of the meter.
	(m)  If a retail electric service customer notifies the
	electric utility that the customer declines to have the advanced
	meter installed during the period stated in the notice, the
	electric utility:
	(1)  may not install the meter;
	(2)  may not charge the customer for declining
	installation or the nonbypassable surcharge otherwise au
	thorized
	by Subsection (h); and
	(3)  may not charge the customer for costs associated
	with traditional metering services.
	(n)  An electric utility that has deployed advanced meters
	that emit radio waves shall include in the monthly bill for each
	retail electric service customer that is using an installed
	advanced meter of that type a notice to inform the customer that the
	customer may request to have the meter removed and replaced with a
	conventional meter and of the manner in which the customer may
	request the removal and replacement.
	(o)  If a retail electric service customer or the owner of
	property where an advanced meter that emits radio waves is
	installed for retail electric service requests to have the meter
	removed, the electric utility:
	(1)  shall promptly remove the advanced meter and
	replace it with a conventional meter;
	(2)  may not charge the customer or property owner for
	removing or replacing the meter;
	(3)  may not charge the customer the nonbypassable
	surcharge otherwise authorized by Subsection (h); and
	(4)  may not charge the customer or property owner
	costs associated with traditional metering services.
	SECTION 3.  This Act takes effect September 1, 2015.