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A BILL TO BE ENTITLED
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AN ACT
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relating to the date of payment for retail utility services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 182, Utilities Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PAYMENT FOR UTILITY SERVICES |
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Sec. 182.151. DEFINITION |
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. In this subchapter, "retail |
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utility provider" means a public or private electric, gas, water, |
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or telephone utility that provides retail utility services. |
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Sec. 182.152. DATE OF POSTMARK OF UTILITY PAYMENT TREATED |
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AS DATE OF PAYMENT. (a) A payment for retail utility services that |
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is mailed to the retail utility provider using the United States |
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Postal Service is considered made on the date the envelope or cover |
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is postmarked by the postal service only if: |
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(1) the payment is not required by law or contract to |
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be delivered by a method other than by mail; |
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(2) the payment has been deposited in the United |
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States mail, with sufficient postage prepaid; and |
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(3) the envelope or cover has been properly addressed |
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to the retail utility provider. |
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(b) A payment that does not conform to Subsection (a) is |
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considered made on the date the payment is delivered to the retail |
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utility provider. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a payment due to a retail utility provider on or after the |
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effective date of this Act. A payment due to a retail utility |
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provider before the effective date of this Act is governed by the |
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law in effect on the date the payment is due, and the former law is |
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continued in effect for that purpose. |
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(b) Subchapter D, Chapter 182, Utilities Code, as added by |
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this Act, does not apply to the date a payment for retail utility |
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services is considered made to the extent its application may |
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impair a contract entered into before the effective date of this Act |
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that specifies the date a payment for retail utility services is |
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considered made, and the law at the time the contract was entered |
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into is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |