| 1 | 1 | | 86R4275 GRM-D |
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| 2 | 2 | | By: Paul H.B. No. 458 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice of a scheduled disconnection of water utility |
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| 8 | 8 | | service. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 92.302(a) and (b), Property Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) In this section: |
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| 13 | 13 | | (1) "Customer" means a person who is responsible for |
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| 14 | 14 | | bills received for electric utility service, [or] gas utility |
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| 15 | 15 | | service, or water utility service provided to nonsubmetered master |
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| 16 | 16 | | metered multifamily property. |
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| 17 | 17 | | (2) "Nonsubmetered master metered multifamily |
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| 18 | 18 | | property" means an apartment, a leased or owner-occupied |
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| 19 | 19 | | condominium, or one or more buildings containing at least 10 |
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| 20 | 20 | | dwellings that receive electric utility service, [or] gas utility |
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| 21 | 21 | | service, or water utility service that is master metered but not |
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| 22 | 22 | | submetered. |
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| 23 | 23 | | (b) A customer shall provide written notice of a service |
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| 24 | 24 | | disconnection to each tenant or owner at a nonsubmetered master |
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| 25 | 25 | | metered multifamily property not later than the fifth day after the |
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| 26 | 26 | | date the customer receives a notice of service disconnection from |
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| 27 | 27 | | an electric service provider, [or] a gas utility, or a water |
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| 28 | 28 | | utility. The customer must provide the notice by mail to the |
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| 29 | 29 | | tenant's or owner's preferred mailing address or hand deliver the |
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| 30 | 30 | | notice to the tenant or owner. The written notice must include the |
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| 31 | 31 | | customer's contact information and the tenant's remedies under |
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| 32 | 32 | | Section 92.301. The notice must include the following text in both |
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| 33 | 33 | | English and Spanish: |
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| 34 | 34 | | "Notice to residents of (name and address of nonsubmetered |
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| 35 | 35 | | master metered multifamily property): Electric (or gas or water) |
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| 36 | 36 | | service to this property is scheduled for disconnection on (date) |
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| 37 | 37 | | because (reason for disconnection)." |
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| 38 | 38 | | SECTION 2. Chapter 13, Water Code, is amended by adding |
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| 39 | 39 | | Subchapter O to read as follows: |
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| 40 | 40 | | SUBCHAPTER O. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION |
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| 41 | 41 | | Sec. 13.521. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR |
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| 42 | 42 | | NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) In this |
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| 43 | 43 | | section, "nonsubmetered master metered multifamily property" means |
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| 44 | 44 | | an apartment, a leased or owner-occupied condominium, or one or |
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| 45 | 45 | | more buildings containing at least 10 dwellings that receive water |
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| 46 | 46 | | utility service that is master metered but not submetered. |
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| 47 | 47 | | (b) A utility shall send a written notice of service |
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| 48 | 48 | | disconnection to a municipality before the utility disconnects |
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| 49 | 49 | | service to a nonsubmetered master metered multifamily property for |
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| 50 | 50 | | nonpayment if: |
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| 51 | 51 | | (1) the property is located in the municipality; and |
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| 52 | 52 | | (2) the municipality establishes an authorized |
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| 53 | 53 | | representative to receive the notice as described by Section |
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| 54 | 54 | | 13.523(c). |
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| 55 | 55 | | (c) The water utility shall send the notice required by this |
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| 56 | 56 | | section not later than the 10th day before the date water service is |
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| 57 | 57 | | scheduled for disconnection. |
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| 58 | 58 | | Sec. 13.522. SEPARATE NOTICE OF DISCONNECTION REQUIRED. A |
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| 59 | 59 | | water utility shall mail notice of disconnection of water utility |
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| 60 | 60 | | service separately from any other statement the utility mails to |
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| 61 | 61 | | the customer. |
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| 62 | 62 | | Sec. 13.523. ADDITIONAL SAFEGUARDS. (a) The customer |
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| 63 | 63 | | safeguards provided by this subchapter are in addition to |
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| 64 | 64 | | safeguards provided by other law or commission rules. |
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| 65 | 65 | | (b) This subchapter does not prohibit a municipality or the |
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| 66 | 66 | | commission from adopting customer safeguards that exceed the |
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| 67 | 67 | | safeguards provided by this chapter. |
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| 68 | 68 | | (c) The commission by rule shall develop a mechanism by |
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| 69 | 69 | | which a municipality may provide the commission with the contact |
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| 70 | 70 | | information of the municipality's authorized representative to |
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| 71 | 71 | | whom the notice required by Section 13.521 must be sent. The |
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| 72 | 72 | | commission shall make the contact information available to the |
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| 73 | 73 | | public. |
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| 74 | 74 | | SECTION 3. The change in law made by this Act applies only |
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| 75 | 75 | | in regard to disconnection of water utility service that is |
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| 76 | 76 | | scheduled on or after September 15, 2019. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2019. |
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