16 Tex. Admin. Code § 25.33 - Prompt Payment Act
(a) Application.
This section applies to billing by an electric utility (utility) to a
"governmental entity" as defined in Texas Government Code Chapter 2251, the
Prompt Payment Act (PPA). This section controls over other sections of this
chapter to the extent that they conflict.
(b) Time for payment by a governmental
entity. A payment by a governmental entity subject to the PPA shall become
overdue as provided in the PPA.
(c)
Disputed bills. If there is a billing dispute between a governmental entity and
a utility about any bill for utility service, the dispute shall be resolved as
provided in the PPA.
(d) Interest
on overdue payment. Interest on an overdue governmental entity payment shall be
calculated by the governmental entity pursuant to the terms of the PPA and
remitted to the utility with the overdue payment. However, pursuant to §
25.28(b) of this
title (relating to Bill Payment and Adjustments), a governmental entity that is
also a state agency is not subject to a fee, penalty, interest, or other charge
for delinquent payment of a bill.
(e) Notice. A utility shall provide written
notice to all of its non-residential customers of the applicability of the PPA
to the utility's service to governmental entities. This notice shall be
completed within six months of the effective date of this section for existing
non-residential customers and, within three months of the effective date of
this section, shall be provided to a new customer at or before the time that
the terms of service are provided to the customer. A utility's failure to
provide this notice does not give rise to any independent claim under the PPA,
nor does this notice initiate or terminate any party's rights or obligations
under the PPA.
(1) The failure of a utility
to provide written notice in accordance with this subsection may be considered
in a PPA billing complaint.
(2) The
failure of a governmental entity to inform the utility of its status as a
governmental entity may be considered in a PPA billing complaint.
Notes
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