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Texas Bill Would Require Residential Retail Electric Concierge Services To Be Licensed By The PUC

Prohibit Affiliation Between REPs, Concierge Services

Prohibit REPs From Denying Service To Customers Using Concierge Service

February 20, 2019

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Copyright 2010-19
Reporting by Paul Ring •

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H.B. No. 2212 has been filed in the Texas legislature that would require entities such as residential retail electric concierge services to be licensed by the PUC

Under the bill, "residential electric customer consulting" means, "acting for profit on behalf of a residential retail customer to enroll the customer and manage on behalf of the customer the customer service plan with a retail electric provider."

Under the bill, the term residential electric customer consulting does not include:

          (1) Assisting a customer to select a retail electric provider without enrolling the customer and managing the customer service plan on behalf of the customer.

          (2) Performing the services of an aggregator under Section 39.353.

The bill provides that, "A person may not provide electric customer consulting services unless the person is registered with the commission as a residential customer choice consultant."

The bill provides that, a residential customer choice consultant may not:

          (1) Sell or take title to electricity; or

          (2) Be affiliated with a retail electric provider.

The bill provides that, "[a] retail electric provider may not refuse to provide retail electric service to a retail customer because the customer uses a residential consumer choice consultant."

The bill directs that the PUC adopt rules as necessary to implement the bill and to ensure the reliability and integrity of residential customer choice consultants, including:

          (1) Consumer protection requirements;

          (2) Disclosure requirement; and

          (3) Marketing guidelines

The bill was introduced by Rep. Dade Phelan, Chairman of the House State Affairs committee, which generally has committee jurisdiction over electric market matters

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