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.