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A BILL TO BE ENTITLED
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AN ACT
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relating to customer disclaimers by billing utilities and the |
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creation of a statewide alert system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.152, Utilities Code, is amended by |
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adding Subdivision (3) and adding Subsection (d) to read as |
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follows: |
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(c) A billing utility may not: |
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(1) disconnect or terminate telecommunications or |
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electric service to any customer for nonpayment of an unauthorized |
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charge; [or] |
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(2) file an unfavorable credit report against a |
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customer who has not paid charges the customer has alleged were |
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unauthorized unless the dispute regarding the unauthorized charge |
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is ultimately resolved against the customer, except that the |
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customer shall remain obligated to pay any charges that are not in |
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dispute, and this subsection does not apply to those undisputed |
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charges[.]; or |
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(3) charge a customer's telephone or retail electric |
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bill a fee for any amount directly or indirectly related to a power |
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outage due to a mechanical failure incurred by the billing utility. |
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(d) If a customer's telephone or retail electric bill is |
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charged a fee for any amount directly or indirectly related to a |
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power outage, the billing utility must provide the customer written |
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notice of such charge. A notice under this subsection must be: |
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(1) referred to as "BLACKOUT FEES"; |
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(2) printed on the first page of the customer's bill; |
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and |
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(3) in type that is at least 10-point font, boldfaced, |
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capitalized, underlined, and otherwise set out from surrounding |
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written material so as to be conspicuous with other information on |
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the customer's bill. |
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SECTION 2. Subchapter A, Chapter 418, Government Code, is |
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amended by adding Subchapter J to read as follows: |
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SUBCHAPTER J. STATEWIDE DISASTER ALERT SYSTEM |
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Sec. 418.302. ESTABLISHMENT OF ALERT SYSTEM. (a) The |
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division, with the cooperation of the office of the governor, the |
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commission, and ERCOT, shall develop and implement a statewide |
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disaster alert system to activate in the event of a disaster |
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affecting any location in this state. |
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Sec. 418.303. ACTIVATION OF ALERT SYSTEM. (a) When the |
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division determines a disaster has occurred or the occurrence or |
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threat of disaster is imminent or is notified of a declaration of |
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disaster under this chapter, the division shall immediately |
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activate any alert system implemented under this subchapter. A |
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participating local governmental entity shall, in coordination |
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with the division, choose the manner in which the alert system is |
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activated and notifications are issued within the entity's |
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geographic region. |
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(b) The division, or local governmental entity, as |
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appropriate, may issue updated notifications for the duration of |
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the disaster. |
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Sec. 418.306. RULES. (a) The division may adopt rules |
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necessary to implement this subchapter. (b) The division may |
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consult with the commission, ERCOT, or an electric utility when |
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drafting the rules required by subsection (a). |
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SECTION 3. This Act takes effect September 1, 2021. |