Bill Text: TX HB872 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the disclosure of certain utility customer information.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2021-06-18 - Effective immediately [HB872 Detail]

Download: Texas-2021-HB872-Enrolled.html

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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