This subchapter does not apply to a utility that:

1. (1) does not assess a late payment charge on a residential customer;
2. (2) does not suspend service before the 26th day after the date of the bill for which collection action is taken; and
3. (3) is regulated under Title 2.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.