Current through Reg. 50, No. 13; March 28, 2025
(a) Authorization
of charges. Any services offered by the retail electric provider (REP) that
will be billed on the customer's electric bill shall be authorized by the
customer consistent with this section.
(b) Requirements for billing charges. A REP
shall meet all of the following requirements before including any charges on
the customer's electric bill:
(1) The REP
shall inform the customer of the product or service being offered, including
all associated charges, and explicitly inform the customer that the associated
charges for the product or service will appear on the customer's electric
bill.
(2) The customer must clearly
and explicitly consent to obtaining the product or service offered and to
having the associated charges appear on the customer's electric bill. The REP
shall document the authorization in accordance with §
25.474 of this title (relating to
Selection of Retail Electric Provider). The documentation of the authorization
shall be maintained by the REP for at least 24 months.
(3) The REP shall provide the customer with a
toll-free telephone number the customer may call and an address to which the
customer may write to resolve any billing dispute and to answer
questions.
(c)
Responsibilities for unauthorized charges.
(1) If a REP charges a customer's electric
bill for any product or service without proper customer authorization, the REP
shall promptly, but not later than 45 days thereafter:
(A) discontinue providing the product or
service to the customer and cease charging the customer for the unauthorized
product or service;
(B) remove the
unauthorized charge from the customer's bill;
(C) refund or credit to the customer the
money that has been paid by the customer for any unauthorized charge, and if
any unauthorized charge that has been paid is not refunded or credited within
three billing cycles, pay interest at an annual rate established by the
commission pursuant to §
25.478(f) of
this title (relating to Credit Requirements and Deposits) on the amount of any
unauthorized charge until it is refunded or credited; and
(D) upon the customer's request, provide the
customer, free of charge, with all billing records under its control related to
any unauthorized charge within 15 business days after the date of the removal
of the charge from the customer's electric bill.
(2) A REP shall not:
(A) seek to disconnect electric service to
any customer for nonpayment of an unauthorized charge;
(B) file an unfavorable credit report against
a customer who has not paid charges that the customer has alleged were
unauthorized unless the dispute regarding the unauthorized charges is
ultimately resolved against the customer. The customer remains obligated to pay
any charges that are not in dispute; or
(C) re-bill the customer for any unauthorized
charge.
(3) In the event
that a REP erroneously files an unfavorable credit report against a customer
who has not paid charges that the customer has alleged were unauthorized, the
REP must correct the credit report without delay.
(4) A REP shall maintain for at least 24
months a record of every customer who has experienced any unauthorized charge
for a product or service on the customer's electric bill and has notified the
REP of the unauthorized charge. The record shall contain for each unauthorized
charge:
(A) the date the customer requested
that the REP remove the unauthorized charge from the customer's electric
bill;
(B) the date the unauthorized
charge was removed from the customer's electric bill; and
(C) the date the customer was refunded or
credited any money that the customer paid for the unauthorized
charges.
(d)
Notice to customers. Any bill sent to a residential and small commercial
customer from a REP shall include a statement, prominently located on the bill,
that if the customer believes the bill includes unauthorized charges, the
customer should contact the REP to dispute such charges and, if not satisfied
with the REP's review may file a complaint with the Public Utility Commission
of Texas, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or toll-free
in Texas at (888) 782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136.
(e) Compliance and enforcement.
(1) A REP shall provide proof of the
customer's authorization and verification to the customer and/or the commission
upon request.
(2) A REP shall
provide a copy of records maintained under the requirements of subsection
(c)(4) of this section to the commission or commission staff upon
request.
