Sec. 39.112. NOTICE OF EXPIRATION AND PRICE CHANGE. (a) In this section, "fixed rate product" means a retail electric product with a term of at least three months for which the price for each billing period, including recurring charges, does not change throughout the term of the contract, except that the price may vary to reflect actual changes in transmission and distribution utility charges, changes to ERCOT or Texas Regional Entity administrative fees charged to loads, or changes to federal, state, or local laws that result in new or modified fees or costs that are not within the retail electric provider's control.
(b) A retail electric provider shall provide a residential customer who has a fixed rate product with at least one written notice of the date the fixed rate product will expire. The notice must:
(1) be sent to the customer's billing address by mail at least 30, but not more than 60, days preceding the date the contract will expire;
(2) be sent to the customer's e-mail address, if available to the provider and if the customer has agreed to receive notices electronically, at least 30, but not more than 60, days preceding the date the contract will expire;
(3) include on the outside of the envelope in which the notice is sent, a statement that reads: "Contract Expiration Notice. See Enclosed.";
(4) if included with a customer's bill, be printed on a separate page; and
(5) include a description of any fees or charges associated with the early termination of the customer's fixed rate product.
(c) A retail electric provider shall include on each billing statement the end date of the fixed rate product.
(d) No provision in this section shall be construed to prohibit the commission from adopting rules that would provide a greater degree of customer protection.
Added by Acts 2009, 81st Leg., R.S., Ch. 648 (H.B. 1822), Sec. 5, eff. September 1, 2009.
Last modified: September 28, 2016