16 Tex. Admin. Code § 26.33 - Prompt Payment Act
(a) Application.
This section applies to billing by a certificated telecommunication utility
(CTU) 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 shall become overdue as provided in
the PPA.
(c) Disputed bills. If
there is a billing dispute between a governmental entity and a CTU about any
bill for CTU 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
CTU with the overdue payment. However, pursuant to §
26.27(a)(2) of
this title (relating to Bill Payment and Adjustments), a governmental entity
that is also an agency in any branch of government is not subject to a fee,
penalty, interest, or other charge to the state for delinquent payment of a
bill from a dominant certificated telecommunications utility.
(e) Notice. A CTU shall provide written
notice to all of its non-residential customers of the applicability of the PPA
to the CTU'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 CTU'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 CTU 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 CTU of its status as a governmental
entity may be considered in a PPA billing complaint.
Notes
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