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Feb 11

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Simpson House Bill vs. Carona Senate Bill

Below are the two opt out bills.  Clearly David Simpson’s bill does not penalize the end user while Carona’s has a penalty.  While we do not support an opt out per se, we wanted to provide the two bills as currently written.

 

http://www.legis.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB1171

By:  Simpson

H.B. No. 1171

 

BILL TO BE ENTITLED

AN ACT

relating to civil liability for certain damages caused by advanced meters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 39.107, Utilities Code, is amended by adding Subsections (k) and (l) to read as follows:

(k)(1)  In this subsection, “property damage” includes:

(A)  an invasion of personal privacy; and

(B)  economic damage caused by the loss, misuse or theft of data that is acquired by use of an advanced meter and belongs to a customer under this section.

(2)  This subsection applies to an electric utility or transmission and distribution utility that receives from the commission approval of the utility’s plan for deploying advanced meters that transmit data using wireless technology, if the plan does not:

(A)  allow each customer scheduled to receive an advanced meter under the plan to decline, without charge, to have the advanced meter installed; or

(B)  allow each customer that is using an installed advanced meter to choose to have the meter removed, without charge.

(3)  An electric utility or a transmission and distribution utility described by subsection (2) is civilly liable to a customer for personal injury, property damage or death arising out of the use of an advanced meter.

(l)  An electric utility or transmission and distribution utility that receives from the commission approval of the utility’s plan for deploying advanced meters shall send by mail to each customer scheduled to receive an advanced meter under the plan a notice to inform the customer that the customer may decline, without charge, to have the advanced meter installed and of the manner in which and date by which the customer must decline installation. An electric utility or transmission and distribution utility that has deployed advanced meters under a plan approved by the commission shall send by mail to each customer that is using an installed advanced meter a notice to inform the customer that the customer may choose to have the meter removed without charge and of the manner in which the customer must choose removal.

SECTION 7.  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, 2013.

 

http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=83R&Bill=SB241

By:  Carona

S.B. No. 241

A BILL TO BE ENTITLED

AN ACT

relating to the authority of an electric customer to choose not to have a utility’s advanced meter.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 39.107, Utilities Code, is amended by adding Subsections (k), (l), and (m) to read as follows:

(k)  An electric utility or transmission and distribution utility that receives from the commission approval of the utility’s plan for deploying advanced meters shall send by mail to each customer scheduled to receive an advanced meter under the plan a notice to inform the customer that the customer may decline to have the advanced meter installed and of the manner in which and date by which the customer must decline installation. If a customer timely declines to have the advanced meter installed, the utility:

(1)  may charge the customer a reasonable fee for costs associated with the refusal of installation and with providing traditional metering services; and

(2)  may not:

(A)  install the meter; or

(B)  charge the customer the nonbypassable surcharge otherwise authorized by Subsection (h).

(l)  An electric utility or transmission and distribution utility that has deployed advanced meters under a plan approved by the commission shall send by mail to each customer that is using an installed advanced meter a notice to inform the customer that the customer may choose to have the meter removed and of the manner in which the customer must choose removal. If the customer chooses to remove the advanced meter, the utility:

(1)  shall remove the advanced meter; and

(2)  may charge the customer a reasonable fee for costs associated with:

(A)  removing the advanced meter;

(B)  installing a conventional meter; and

(C)  providing traditional metering services.

(m)  The commission by rule shall establish a mechanism for charging the fees authorized by Subsections (k) and (l).  The amount of the fee for a customer who declines to have an advanced meter installed must be the same as that for a customer who chooses to remove an advanced meter.  The commission by rule shall provide for a minimum period between the time a notice under Subsection (k) is mailed and the date by which a customer must decline installation.

SECTION 2.  The Public Utility Commission of Texas shall adopt rules under Section 39.107(m), Utilities Code, as added by this Act, as soon as practicable following the effective date of this Act, but not later than January 1, 2014.

SECTION 3.  This Act takes effect September 1, 2013.

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