HBA-BSM H.B. 2806 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2806
By: Kitchen
Energy Resources
3/23/2001
Introduced


BACKGROUND AND PURPOSE 

The price of natural gas has skyrocketed in recent months.  Gas utility
customers in Texas received winter heating bills that were as much as four
times higher than for the same period in the previous year.  Many people,
particularly those on fixed incomes, could not pay their gas bills in full.
Consumer organizations petitioned the Railroad Commission of Texas to adopt
an emergency rule to prevent disconnections for nonpayment during cold
weather.  When gas prices are high, customers may restrict their
consumption of natural gas for residential heating to levels that could be
detrimental to their well being, especially during times of adverse weather
conditions.  Currently, the Gas Utility Regulatory Act does not cover these
emergency conditions, and customers are liable to have their gas supply
disconnected if the bill is not paid.  
House Bill 2806 prohibits a gas provider from disconnecting gas supply in
specified adverse weather conditions and sets forth provisions for payment
plans.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2806 amends the Utilities Code to prohibit a gas provider from
disconnecting a natural gas service to a customer on a day when the
previous day's temperature in the county in which the customer is located
fell below 40 degrees Fahrenheit and the National Weather Service predicts
that the temperature in that county will fall below that temperature during
the next 24 hours.   

The bill also prohibits the disconnection of a natural gas service to a
residential customer who did not pay the customer's bill when due: 

 _if the provider receives for that billing period a pledge, letter of
intent, purchase order, or other notification from an energy assistance
provider that it is forwarding payment to continue the service; or 
 
 _on a holiday, weekend, or other day on which personnel of the provider
are not available to receive payment or make a collection and to reconnect
service, or on a day preceding such a day. 

These provisions are not applicable if there is a known dangerous condition
or use of natural gas service in a manner that is dangerous or unreasonably
interferes with service to others.  The bill provides that at a minimum the
provider is required to offer a deferred payment plan to a residential
customer who is not able to make complete payment of a bill when due, and a
level or average payment plan to all customers.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.