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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of a scheduled disconnection of water utility |
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service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 92.302(a) and (b), Property Code, are |
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amended to read as follows: |
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(a) In this section: |
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(1) "Customer" means a person who is responsible for |
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bills received for electric utility service, [or] gas utility |
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service, or water utility service provided to nonsubmetered master |
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metered multifamily property. |
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(2) "Nonsubmetered master metered multifamily |
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property" means an apartment, a leased or owner-occupied |
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condominium, or one or more buildings containing at least 10 |
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dwellings that receive electric utility service, [or] gas utility |
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service, or water utility service that is master metered but not |
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submetered. |
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(b) A customer shall provide written notice of a service |
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disconnection to each tenant or owner at a nonsubmetered master |
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metered multifamily property not later than the fifth day after the |
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date the customer receives a notice of service disconnection from |
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an electric service provider, [or] a gas utility, or a water |
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utility. The customer must provide the notice by mail to the |
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tenant's or owner's preferred mailing address or hand deliver the |
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notice to the tenant or owner. The written notice must include the |
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customer's contact information and the tenant's remedies under |
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Section 92.301. The notice must include the following text in both |
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English and Spanish: |
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"Notice to residents of (name and address of nonsubmetered |
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master metered multifamily property): Electric (or gas or water) |
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service to this property is scheduled for disconnection on (date) |
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because (reason for disconnection)." |
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SECTION 2. Chapter 13, Water Code, is amended by adding |
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Subchapter O to read as follows: |
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SUBCHAPTER O. PROTECTION AGAINST UTILITY SERVICE DISCONNECTION |
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Sec. 13.521. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR |
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NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) In this |
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section, "nonsubmetered master metered multifamily property" means |
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an apartment, a leased or owner-occupied condominium, or one or |
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more buildings containing at least 10 dwellings that receive water |
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utility service that is master metered but not submetered. |
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(b) A utility shall send a written notice of service |
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disconnection to a municipality before the utility disconnects |
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service to a nonsubmetered master metered multifamily property for |
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nonpayment if: |
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(1) the property is located in the municipality; and |
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(2) the municipality establishes an authorized |
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representative to receive the notice as described by Section |
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13.523(c). |
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(c) The water utility shall send the notice required by this |
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section not later than the 10th day before the date water service is |
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scheduled for disconnection. |
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Sec. 13.522. SEPARATE NOTICE OF DISCONNECTION REQUIRED. A |
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water utility shall mail notice of disconnection of water utility |
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service separately from any other statement the utility mails to |
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the customer. |
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Sec. 13.523. ADDITIONAL SAFEGUARDS. (a) The customer |
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safeguards provided by this subchapter are in addition to |
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safeguards provided by other law or commission rules. |
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(b) This subchapter does not prohibit a municipality or the |
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commission from adopting customer safeguards that exceed the |
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safeguards provided by this chapter. |
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(c) The commission by rule shall develop a mechanism by |
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which a municipality may provide the commission with the contact |
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information of the municipality's authorized representative to |
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whom the notice required by Section 13.521 must be sent. The |
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commission shall make the contact information available to the |
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public. |
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SECTION 3. The change in law made by this Act applies only |
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in regard to disconnection of water utility service that is |
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scheduled on or after September 15, 2019. |
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SECTION 4. This Act takes effect September 1, 2019. |