Bill Text: TX HB1772 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: Relating to the disconnection of electric or gas utility service.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB1772 Detail]

Download: Texas-2013-HB1772-Enrolled.html
 
 
  H.B. No. 1772
 
 
 
 
AN ACT
  relating to the disconnection of electric or gas utility service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 92, Property Code, is
  amended by adding Section 92.302 to read as follows:
         Sec. 92.302.  NOTICE OF UTILITY DISCONNECTION OF
  NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO
  MUNICIPALITIES, OWNERS, AND TENANTS. (a) In this section:
               (1)  "Customer" means a person who is responsible for
  bills received for electric utility service or gas utility service
  provided to nonsubmetered master metered multifamily property.
               (2)  "Nonsubmetered master metered multifamily
  property" means an apartment, a leased or owner-occupied
  condominium, or one or more buildings containing at least 10
  dwellings that receive electric utility service or gas utility
  service that is master metered but not submetered.
         (b)  A customer shall provide written notice of a service
  disconnection to each tenant or owner at a nonsubmetered master
  metered multifamily property not later than the fifth day after the
  date the customer receives a notice of service disconnection from
  an electric service provider or a gas utility.  The customer must
  provide the notice by mail to the tenant's or owner's preferred
  mailing address or hand deliver the notice to the tenant or owner.  
  The written notice must include the customer's contact information
  and the tenant's remedies under Section 92.301.  The notice must
  include the following text in both English and Spanish:
         "Notice to residents of (name and address of nonsubmetered
  master metered multifamily property): Electric (or gas) service to
  this property is scheduled for disconnection on (date) because
  (reason for disconnection)."
         (c)  If the property is located in a municipality, the
  customer shall provide the same notice described by Subsection (b)
  to the governing body of that municipality by certified mail.  The
  governing body of the municipality may provide additional notice to
  the property's tenants and owners after receipt of the service
  disconnection notice under this subsection.
         (d)  A customer is not required to provide the notices
  described by this section if the customer avoids the disconnection
  by paying the bill.
         SECTION 2.  Chapter 17, Utilities Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION
         Sec. 17.201.  DEFINITION. In this subchapter,
  "nonsubmetered master metered multifamily property" means an
  apartment, a leased or owner-occupied condominium, or one or more
  buildings containing at least 10 dwellings that receive electric
  utility service that is master metered but not submetered.
         Sec. 17.202.  NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR
  NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) A retail
  electric provider or a vertically integrated electric utility, not
  including a municipally owned utility or an electric cooperative,
  in an area where customer choice has not been introduced shall send
  a written notice of service disconnection to a municipality before
  the retail electric provider or vertically integrated electric
  utility disconnects service to a nonsubmetered master metered
  multifamily property for nonpayment if:
               (1)  the property is located in the municipality; and
               (2)  the municipality establishes an authorized
  representative to receive the notice as described by Section
  17.203(c).
         (b)  The retail electric provider or vertically integrated
  electric utility in an area where customer choice has not been
  introduced shall send the notice required by this section not later
  than the 10th day before the date electric service is scheduled for
  disconnection.
         Sec. 17.203.  ADDITIONAL SAFEGUARDS. (a)  The customer
  safeguards provided by this subchapter are in addition to
  safeguards provided by other law or agency rules.
         (b)  This subchapter does not prohibit a municipality or the
  commission from adopting customer safeguards that exceed the
  safeguards provided by this chapter.
         (c)  The commission by rule shall develop a mechanism by
  which a municipality may provide the commission with the contact
  information of the municipality's authorized representative to
  whom the notice required by Section 17.202 must be sent.  The
  commission shall make the contact information available to the
  public.
         SECTION 3.  Chapter 104, Utilities Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION
         Sec. 104.351.  DEFINITIONS. In this subchapter:
               (1)  "Customer" means any person in whose name gas
  utility service is billed, including individuals, governmental
  units at all levels of government, corporate entities, and any
  other entity with legal capacity to be billed for gas service.
               (2)  "Gas utility" has the meaning assigned by Section
  181.021 but does not include a municipally owned utility or gas
  utility owned by an electric cooperative.
               (3)  "Nonsubmetered master metered multifamily
  property" means an apartment, a leased or owner-occupied
  condominium, or one or more buildings containing at least 10
  dwellings that receive gas utility service that is master metered
  but not submetered.
         Sec. 104.352.  NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR
  NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) A gas
  utility shall send a written notice of service disconnection to a
  municipality before the gas utility disconnects service to a
  nonsubmetered master metered multifamily property for nonpayment
  if:
               (1)  the property is located in the municipality; and
               (2)  the municipality establishes an authorized
  representative to receive the notice as described by Section
  104.353(c).
         (b)  The gas utility shall send the notice required by this
  section not later than the 10th day before the date gas utility
  service is scheduled for disconnection.
         Sec. 104.353.  ADDITIONAL SAFEGUARDS. (a)  The customer
  safeguards provided by this subchapter are in addition to
  safeguards provided by other law or agency rules.
         (b)  This subchapter does not prohibit a municipality or the
  regulatory authority from adopting customer safeguards that exceed
  the safeguards provided by this chapter.
         (c)  The regulatory authority by rule shall develop a
  mechanism by which a municipality may provide the regulatory
  authority with the contact information of the municipality's
  authorized representative to whom the notice required by Section
  104.352 must be sent.  The regulatory authority shall make the
  contact information available to the public.
         SECTION 4.  The change in law made by this Act applies only
  in regard to disconnection of service for nonpayment of a utility
  bill issued for a billing period that begins on or after the
  effective date of this Act.
         SECTION 5.  This Act takes effect January 1, 2014.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1772 was passed by the House on May 7,
  2013, by the following vote:  Yeas 132, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1772 was passed by the Senate on May
  17, 2013, by the following vote:  Yeas 29, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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