Texas Register, Volume 37, Number 32, Pages 5857-6178, August 10, 2012 Page: 6,028
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defined in 25.497 of this title. In addition, a REP shall not enroll
an applicant who states that the applicant is a critical care residential
customer or chronic condition residential customer.
(1) If the REP is notified by the TDU that a customer re-
ceiving prepaid service is designated as a critical care residential cus-
tomer or chronic condition residential customer, the REP shall dili-
gently work with the customer to promptly transition the customer to
postpaid service or another REP in a manner that avoids a service dis-
ruption. The REP shall not charge the customer a fee for the transition,
including an early termination or disconnection fee.
(2) If the customer is unresponsive, the REP shall transfer
the customer to a competitively offered, month-to-month postpaid
product at a rate no higher than the rate calculated pursuant to
25.43(1)(2)(A) of this title. The REP shall provide the customer
notice that the customer has been transferred to a new product and
shall provide the customer the new product's Terms of Service and
Electricity Facts Label.
(1) Compliance period. No later than October 1, 2011, prepaid
service offered by a REP pursuant to a new contract to a customer being
served using a "settlement provisioned meter," as that term is defined
in Chapter 1 of the TDU's tariff for retail delivery service, or using a
REP-controlled collar or meter shall comply with this section. Before
October 1, 2011, prepaid service offered by a REP to a customer served
using a settlement provisioned meter or REP-controlled collar or meter
shall comply with this section as it currently exists or as it existed in
2010, except as provided in subsection (m) of this section.
(m) Transition of Financial Prepaid Service Customers. A
REP may continue to provide a financial prepaid service (i.e., one that
does not use a settlement provisioned meter or REP-controlled collar
or meter) only to its customer that was receiving financial prepaid
service at a particular location on October 1, 2011. A customer who is
served by a financial prepaid service shall be transitioned to a service
that complies with the other subsections of this section by the later of
October 1, 2011 or sixty days after the customer begins to be served
using either a settlement provisioned meter or a REP-controlled collar
or meter. The customer shall be notified by the REP that the customer's
current prepaid service will no longer be offered as of a date specified
by the REP by the later of either October 1, 2011 or sixty days after
the customer begins to be served using either a settlement provisioned
meter or REP-controlled collar or meter, as applicable. The REP shall
provide the notification no sooner than 60 days and not less than 30
days prior to the termination of the customer's current prepaid service.
The customer shall be notified that the customer will be moved to a
new prepaid service, and the REP shall transmit an EFL and PDS to
the customer with the notification, if the customer does not choose
another service or REP.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on July 30, 2012.
Adriana A. Gonzales
Public Utility Commission of Texas
Effective date: August 19, 2012
Proposal publication date: April 6, 2012
For further information, please call: (512) 936-7223
TITLE 22. EXAMINING BOARDS
TEXAS BOARD OF NURSING
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC 213.23
Introduction. The Texas Board of Nursing (Board) adopts
amendments to 213.23 (relating to Decision of the Board) with
changes to the proposed text as published in the May 18, 2012,
issue of the Texas Register (37 TexReg 3661).
Reasoned Justification. The Board proposed amendments to
213.23 in the May 18, 2012, issue of the Texas Register (37
TexReg 3661). A public hearing on the rule proposal was held on
July 3, 2012. In response to written comments on the published
proposal and comments received during the public hearing, the
Board has changed some of the proposed language in the text
of the rule as adopted. The changes, however, do not materially
alter issues raised in the proposal, introduce new subject matter,
or affect persons other than those previously on notice.
The Board has made changes to 213.23(c) as proposed in re-
sponse to comments that the proposed subsection may exceed
the Board's authority for rule adoption and may limit a nurse's
right to due process in a contested case matter. Subsection (c),
as proposed, would have prohibited an administrative law judge
(ALJ) from including a recommendation for sanction in a pro-
posal for decision (PFD). The Board received several comments,
both written and oral, expressing concern over proposed sub-
section (c). In general, commenters felt that the proposed sub-
section exceeded the Board's authority to make rules, and that
any prohibition of a recommended sanction by an ALJ should
be addressed, if at all, by the Texas Legislature. Further, sev-
eral commenters felt that the proposed change was unnecessary
because the Government Code 2001.058 and 2003.021 cur-
rently provide the Board with adequate authority to modify PFDs
based upon facts, applicable law, and the Board's policies.
As a result of comments received, the Board has made changes
to 213.23 as proposed. Although the Board does not necessar-
ily agree with all of the comments received, the Board recognizes
the complexities raised by the commenters and agrees that there
may be unanticipated or unintended consequences of subsec-
tion (c) of the rule as proposed. As a result, the Board has mod-
ified the rule text as adopted to address the commenters' con-
cerns by eliminating proposed subsection (c) from the adopted
rule. The Board believes that this revision addresses the com-
menters' stated concerns. The Board did not receive any com-
ments relating to the remaining portions of the proposed rule
text. As such, the remaining subsections of the rule are being
adopted without modification to the proposed rule text, except
that the subsections have been re-ordered appropriately.
The adopted amendments are necessary to: (i) clarify the
Board's existing requirements for submitting written materials to
the Board and making oral presentations to the Board regarding
a PFD; and (ii) facilitate fully informed Board deliberation and
Clarification of Existing Requirements
The Board adopted rules in the November 6, 2009, issue of
the Texas Register (34 TexReg 7818) establishing specific pro-
cedures and requirements for individuals wishing to make an
oral presentation to the Board regarding a PFD. The adoption of
37 TexReg 6028 August 10, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 32, Pages 5857-6178, August 10, 2012, periodical, August 10, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth244544/m1/170/: accessed April 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.