86R4275 GRM-D
By: Paul H.B. No. 458
A BILL TO BE ENTITLED
AN ACT
relating to notice of a scheduled disconnection of water utility
service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 92.302(a) and (b), Property Code, are
amended to read as follows:
(a) In this section:
(1) "Customer" means a person who is responsible for
bills received for electric utility service, [or] gas utility
service, or water utility service provided to nonsubmetered master
metered multifamily property.
(2) "Nonsubmetered master metered multifamily
property" means an apartment, a leased or owner-occupied
condominium, or one or more buildings containing at least 10
dwellings that receive electric utility service, [or] gas utility
service, or water utility service that is master metered but not
submetered.
(b) A customer shall provide written notice of a service
disconnection to each tenant or owner at a nonsubmetered master
metered multifamily property not later than the fifth day after the
date the customer receives a notice of service disconnection from
an electric service provider, [or] a gas utility, or a water
utility. The customer must provide the notice by mail to the
tenant's or owner's preferred mailing address or hand deliver the
notice to the tenant or owner. The written notice must include the
customer's contact information and the tenant's remedies under
Section 92.301. The notice must include the following text in both
English and Spanish:
"Notice to residents of (name and address of nonsubmetered
master metered multifamily property): Electric (or gas or water)
service to this property is scheduled for disconnection on (date)
because (reason for disconnection)."
SECTION 2. Chapter 13, Water Code, is amended by adding
Subchapter O to read as follows:
SUBCHAPTER O. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION
Sec. 13.521. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR
NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) In this
section, "nonsubmetered master metered multifamily property" means
an apartment, a leased or owner-occupied condominium, or one or
more buildings containing at least 10 dwellings that receive water
utility service that is master metered but not submetered.
(b) A utility shall send a written notice of service
disconnection to a municipality before the utility disconnects
service to a nonsubmetered master metered multifamily property for
nonpayment if:
(1) the property is located in the municipality; and
(2) the municipality establishes an authorized
representative to receive the notice as described by Section
13.523(c).
(c) The water utility shall send the notice required by this
section not later than the 10th day before the date water service is
scheduled for disconnection.
Sec. 13.522. SEPARATE NOTICE OF DISCONNECTION REQUIRED. A
water utility shall mail notice of disconnection of water utility
service separately from any other statement the utility mails to
the customer.
Sec. 13.523. ADDITIONAL SAFEGUARDS. (a) The customer
safeguards provided by this subchapter are in addition to
safeguards provided by other law or commission rules.
(b) This subchapter does not prohibit a municipality or the
commission from adopting customer safeguards that exceed the
safeguards provided by this chapter.
(c) The commission by rule shall develop a mechanism by
which a municipality may provide the commission with the contact
information of the municipality's authorized representative to
whom the notice required by Section 13.521 must be sent. The
commission shall make the contact information available to the
public.
SECTION 3. The change in law made by this Act applies only
in regard to disconnection of water utility service that is
scheduled on or after September 15, 2019.
SECTION 4. This Act takes effect September 1, 2019.