State Codes and Statutes

Statutes > Texas > Utilities-code > Title-4-delivery-of-utility-services > Chapter-182-rights-of-utility-customers

UTILITIES CODE

TITLE 4. DELIVERY OF UTILITY SERVICES

SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES

CHAPTER 182. RIGHTS OF UTILITY CUSTOMERS

SUBCHAPTER A. PAYMENT DATE OF UTILITY BILL FOR ELDERLY INDIVIDUAL

Sec. 182.001. DEFINITIONS. In this subchapter:

(1) "Elderly individual" means an individual who is 60 years of

age or older.

(2) "Utility" means an electric, gas, water, or telephone

utility operated by a public or private entity.

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

Sec. 182.002. DELAY OF BILL PAYMENT DATE FOR ELDERLY INDIVIDUAL.

(a) On request by an elderly individual, a utility shall delay

without penalty the payment date of a bill for providing utility

service to that individual until the 25th day after the date the

bill is issued.

(b) This subchapter applies only to an elderly individual who:

(1) is a residential customer; and

(2) occupies the entire premises for which a delay is requested.

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

Sec. 182.003. REQUEST FOR DELAY. An elderly individual may

request that the utility implement the delay under Section

182.002 for:

(1) the most recent utility bill; or

(2) the most recent utility bill and each subsequent utility

bill.

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

Sec. 182.004. PROOF OF AGE. A utility may require an individual

requesting a delay under this subchapter to present reasonable

proof that the individual is 60 years of age or older.

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

Sec. 182.005. CERTAIN UTILITIES NOT AFFECTED. This subchapter

does not apply to a utility that:

(1) does not assess a late payment charge on a residential

customer;

(2) does not suspend service before the 26th day after the date

of the bill for which collection action is taken; and

(3) is regulated under Title 2.

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

SUBCHAPTER B. CONFIDENTIALITY OF CUSTOMER INFORMATION

Sec. 182.051. DEFINITIONS. In this subchapter:

(1) "Consumer reporting agency" means a person who, for a

monetary fee or payment of dues, or on a cooperative nonprofit

basis, regularly engages in the practice of assembling or

evaluating consumer credit information or other information

relating to consumers in order to furnish a consumer report to a

third party.

(2) "Governmental body" has the meaning assigned by Section

552.003, Government Code.

(3) "Government-operated utility" means a governmental body or

an entity governed by a governmental body that, for compensation,

provides water, wastewater, sewer, gas, garbage, electricity, or

drainage service.

(4) "Personal information" means an individual's address,

telephone number, or social security number.

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

Sec. 182.052. CONFIDENTIALITY OF PERSONAL INFORMATION. (a)

Except as provided by Section 182.054, a government-operated

utility may not disclose personal information in a customer's

account record, or any information relating to the volume or

units of utility usage or the amounts billed to or collected from

the individual for utility usage, if the customer requests that

the government-operated utility keep the information

confidential. However, a government-operated utility may disclose

information related to the customer's volume or units of utility

usage or amounts billed to or collected from the individual for

utility usage if the primary source of water for such utility was

a sole-source designated aquifer.

(b) A customer may request confidentiality by delivering to the

government-operated utility an appropriately marked form provided

under Subsection (c)(3) or any other written request for

confidentiality.

(c) A government-operated utility shall include with a bill sent

to each customer:

(1) a notice of the customer's right to request confidentiality

under this subchapter;

(2) a statement of the amount of any fee applicable to the

request; and

(3) a form by which the customer may request confidentiality by

marking an appropriate box on the form and returning it to the

government-operated utility.

(d) A customer may rescind a request for confidentiality by

providing the government-operated utility written permission to

disclose personal information.

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

Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.59, eff. Sept.

1, 2001.

Sec. 182.053. FEE. A government-operated utility may charge

each customer who requests confidentiality under this subchapter

a fee not to exceed the administrative cost of complying with the

request of confidentiality.

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

Sec. 182.054. EXCEPTIONS. This subchapter does not prohibit a

government-operated utility from disclosing personal information

in a customer's account record to:

(1) an official or employee of the state, a political

subdivision of the state, or the United States acting in an

official capacity;

(2) an employee of a utility acting in connection with the

employee's duties;

(3) a consumer reporting agency;

(4) a contractor or subcontractor approved by and providing

services to the utility, the state, a political subdivision of

the state, or the United States;

(5) a person for whom the customer has contractually waived

confidentiality for personal information; or

(6) another entity that provides water, wastewater, sewer, gas,

garbage, electricity, or drainage service for compensation.

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

Sec. 182.055. NO CIVIL LIABILITY FROM VIOLATION. A

government-operated utility or an officer or employee of a

government-operated utility is immune from civil liability for a

violation of this subchapter.

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

SUBCHAPTER C. TESTING OF METERS

Sec. 182.101. DEFINITIONS. In this subchapter:

(1) "Consumer" means a person who obtains electricity or gas

from a utility.

(2) "Gas" includes natural gas and artificial gas.

(3) "Meter" means an instrument or machine used to measure and

record the use of electricity or gas.

(4) "Test" includes, in reference to the testing of a meter and

as necessary to the reading and examination of a meter, the

authority to break the seal.

(5) "Utility" means a person, other than a governmental entity,

who provides for compensation electricity or gas for consumption

in a municipality.

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

Sec. 182.102. TESTING OF METER. (a) On complaint by a consumer

to the governing body of a municipality, an agent or employee of

the municipality shall examine, read, and test a meter that is

installed by the utility furnishing the electricity or gas.

(b) On demand by a consumer to the governing body of a

municipality, the governing body shall provide the consumer with

a detailed report stating the results of the examination,

reading, and test, including:

(1) whether the meter is in good condition;

(2) whether the meter functions properly; and

(3) the amount of electricity or gas used during a period

designated by the consumer in the demand, not to exceed one year.

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

Sec. 182.103. UTILITY REPRESENTATIVE; NOTICE. A utility

representative may be present during a meter test. The

municipality shall provide notice to a utility regarding the

testing of a meter not later than the third day before the date

the meter test is conducted.

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

Sec. 182.104. OFFENSE. (a) A utility or other person commits

an offense if the utility or other person fails or refuses to

allow an agent or employee of a municipality to examine a meter.

(b) An offense under this section is a misdemeanor punishable by

a fine not to exceed $200.

(c) Each day a utility or other person refuses to allow an agent

or employee of a municipality to examine a meter is a separate

offense.

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

State Codes and Statutes

Statutes > Texas > Utilities-code > Title-4-delivery-of-utility-services > Chapter-182-rights-of-utility-customers

UTILITIES CODE

TITLE 4. DELIVERY OF UTILITY SERVICES

SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES

CHAPTER 182. RIGHTS OF UTILITY CUSTOMERS

SUBCHAPTER A. PAYMENT DATE OF UTILITY BILL FOR ELDERLY INDIVIDUAL

Sec. 182.001. DEFINITIONS. In this subchapter:

(1) "Elderly individual" means an individual who is 60 years of

age or older.

(2) "Utility" means an electric, gas, water, or telephone

utility operated by a public or private entity.

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

Sec. 182.002. DELAY OF BILL PAYMENT DATE FOR ELDERLY INDIVIDUAL.

(a) On request by an elderly individual, a utility shall delay

without penalty the payment date of a bill for providing utility

service to that individual until the 25th day after the date the

bill is issued.

(b) This subchapter applies only to an elderly individual who:

(1) is a residential customer; and

(2) occupies the entire premises for which a delay is requested.

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

Sec. 182.003. REQUEST FOR DELAY. An elderly individual may

request that the utility implement the delay under Section

182.002 for:

(1) the most recent utility bill; or

(2) the most recent utility bill and each subsequent utility

bill.

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

Sec. 182.004. PROOF OF AGE. A utility may require an individual

requesting a delay under this subchapter to present reasonable

proof that the individual is 60 years of age or older.

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

Sec. 182.005. CERTAIN UTILITIES NOT AFFECTED. This subchapter

does not apply to a utility that:

(1) does not assess a late payment charge on a residential

customer;

(2) does not suspend service before the 26th day after the date

of the bill for which collection action is taken; and

(3) is regulated under Title 2.

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

SUBCHAPTER B. CONFIDENTIALITY OF CUSTOMER INFORMATION

Sec. 182.051. DEFINITIONS. In this subchapter:

(1) "Consumer reporting agency" means a person who, for a

monetary fee or payment of dues, or on a cooperative nonprofit

basis, regularly engages in the practice of assembling or

evaluating consumer credit information or other information

relating to consumers in order to furnish a consumer report to a

third party.

(2) "Governmental body" has the meaning assigned by Section

552.003, Government Code.

(3) "Government-operated utility" means a governmental body or

an entity governed by a governmental body that, for compensation,

provides water, wastewater, sewer, gas, garbage, electricity, or

drainage service.

(4) "Personal information" means an individual's address,

telephone number, or social security number.

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

Sec. 182.052. CONFIDENTIALITY OF PERSONAL INFORMATION. (a)

Except as provided by Section 182.054, a government-operated

utility may not disclose personal information in a customer's

account record, or any information relating to the volume or

units of utility usage or the amounts billed to or collected from

the individual for utility usage, if the customer requests that

the government-operated utility keep the information

confidential. However, a government-operated utility may disclose

information related to the customer's volume or units of utility

usage or amounts billed to or collected from the individual for

utility usage if the primary source of water for such utility was

a sole-source designated aquifer.

(b) A customer may request confidentiality by delivering to the

government-operated utility an appropriately marked form provided

under Subsection (c)(3) or any other written request for

confidentiality.

(c) A government-operated utility shall include with a bill sent

to each customer:

(1) a notice of the customer's right to request confidentiality

under this subchapter;

(2) a statement of the amount of any fee applicable to the

request; and

(3) a form by which the customer may request confidentiality by

marking an appropriate box on the form and returning it to the

government-operated utility.

(d) A customer may rescind a request for confidentiality by

providing the government-operated utility written permission to

disclose personal information.

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

Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.59, eff. Sept.

1, 2001.

Sec. 182.053. FEE. A government-operated utility may charge

each customer who requests confidentiality under this subchapter

a fee not to exceed the administrative cost of complying with the

request of confidentiality.

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

Sec. 182.054. EXCEPTIONS. This subchapter does not prohibit a

government-operated utility from disclosing personal information

in a customer's account record to:

(1) an official or employee of the state, a political

subdivision of the state, or the United States acting in an

official capacity;

(2) an employee of a utility acting in connection with the

employee's duties;

(3) a consumer reporting agency;

(4) a contractor or subcontractor approved by and providing

services to the utility, the state, a political subdivision of

the state, or the United States;

(5) a person for whom the customer has contractually waived

confidentiality for personal information; or

(6) another entity that provides water, wastewater, sewer, gas,

garbage, electricity, or drainage service for compensation.

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

Sec. 182.055. NO CIVIL LIABILITY FROM VIOLATION. A

government-operated utility or an officer or employee of a

government-operated utility is immune from civil liability for a

violation of this subchapter.

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

SUBCHAPTER C. TESTING OF METERS

Sec. 182.101. DEFINITIONS. In this subchapter:

(1) "Consumer" means a person who obtains electricity or gas

from a utility.

(2) "Gas" includes natural gas and artificial gas.

(3) "Meter" means an instrument or machine used to measure and

record the use of electricity or gas.

(4) "Test" includes, in reference to the testing of a meter and

as necessary to the reading and examination of a meter, the

authority to break the seal.

(5) "Utility" means a person, other than a governmental entity,

who provides for compensation electricity or gas for consumption

in a municipality.

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

Sec. 182.102. TESTING OF METER. (a) On complaint by a consumer

to the governing body of a municipality, an agent or employee of

the municipality shall examine, read, and test a meter that is

installed by the utility furnishing the electricity or gas.

(b) On demand by a consumer to the governing body of a

municipality, the governing body shall provide the consumer with

a detailed report stating the results of the examination,

reading, and test, including:

(1) whether the meter is in good condition;

(2) whether the meter functions properly; and

(3) the amount of electricity or gas used during a period

designated by the consumer in the demand, not to exceed one year.

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

Sec. 182.103. UTILITY REPRESENTATIVE; NOTICE. A utility

representative may be present during a meter test. The

municipality shall provide notice to a utility regarding the

testing of a meter not later than the third day before the date

the meter test is conducted.

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

Sec. 182.104. OFFENSE. (a) A utility or other person commits

an offense if the utility or other person fails or refuses to

allow an agent or employee of a municipality to examine a meter.

(b) An offense under this section is a misdemeanor punishable by

a fine not to exceed $200.

(c) Each day a utility or other person refuses to allow an agent

or employee of a municipality to examine a meter is a separate

offense.

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


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Utilities-code > Title-4-delivery-of-utility-services > Chapter-182-rights-of-utility-customers

UTILITIES CODE

TITLE 4. DELIVERY OF UTILITY SERVICES

SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES

CHAPTER 182. RIGHTS OF UTILITY CUSTOMERS

SUBCHAPTER A. PAYMENT DATE OF UTILITY BILL FOR ELDERLY INDIVIDUAL

Sec. 182.001. DEFINITIONS. In this subchapter:

(1) "Elderly individual" means an individual who is 60 years of

age or older.

(2) "Utility" means an electric, gas, water, or telephone

utility operated by a public or private entity.

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

Sec. 182.002. DELAY OF BILL PAYMENT DATE FOR ELDERLY INDIVIDUAL.

(a) On request by an elderly individual, a utility shall delay

without penalty the payment date of a bill for providing utility

service to that individual until the 25th day after the date the

bill is issued.

(b) This subchapter applies only to an elderly individual who:

(1) is a residential customer; and

(2) occupies the entire premises for which a delay is requested.

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

Sec. 182.003. REQUEST FOR DELAY. An elderly individual may

request that the utility implement the delay under Section

182.002 for:

(1) the most recent utility bill; or

(2) the most recent utility bill and each subsequent utility

bill.

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

Sec. 182.004. PROOF OF AGE. A utility may require an individual

requesting a delay under this subchapter to present reasonable

proof that the individual is 60 years of age or older.

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

Sec. 182.005. CERTAIN UTILITIES NOT AFFECTED. This subchapter

does not apply to a utility that:

(1) does not assess a late payment charge on a residential

customer;

(2) does not suspend service before the 26th day after the date

of the bill for which collection action is taken; and

(3) is regulated under Title 2.

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

SUBCHAPTER B. CONFIDENTIALITY OF CUSTOMER INFORMATION

Sec. 182.051. DEFINITIONS. In this subchapter:

(1) "Consumer reporting agency" means a person who, for a

monetary fee or payment of dues, or on a cooperative nonprofit

basis, regularly engages in the practice of assembling or

evaluating consumer credit information or other information

relating to consumers in order to furnish a consumer report to a

third party.

(2) "Governmental body" has the meaning assigned by Section

552.003, Government Code.

(3) "Government-operated utility" means a governmental body or

an entity governed by a governmental body that, for compensation,

provides water, wastewater, sewer, gas, garbage, electricity, or

drainage service.

(4) "Personal information" means an individual's address,

telephone number, or social security number.

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

Sec. 182.052. CONFIDENTIALITY OF PERSONAL INFORMATION. (a)

Except as provided by Section 182.054, a government-operated

utility may not disclose personal information in a customer's

account record, or any information relating to the volume or

units of utility usage or the amounts billed to or collected from

the individual for utility usage, if the customer requests that

the government-operated utility keep the information

confidential. However, a government-operated utility may disclose

information related to the customer's volume or units of utility

usage or amounts billed to or collected from the individual for

utility usage if the primary source of water for such utility was

a sole-source designated aquifer.

(b) A customer may request confidentiality by delivering to the

government-operated utility an appropriately marked form provided

under Subsection (c)(3) or any other written request for

confidentiality.

(c) A government-operated utility shall include with a bill sent

to each customer:

(1) a notice of the customer's right to request confidentiality

under this subchapter;

(2) a statement of the amount of any fee applicable to the

request; and

(3) a form by which the customer may request confidentiality by

marking an appropriate box on the form and returning it to the

government-operated utility.

(d) A customer may rescind a request for confidentiality by

providing the government-operated utility written permission to

disclose personal information.

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

Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.59, eff. Sept.

1, 2001.

Sec. 182.053. FEE. A government-operated utility may charge

each customer who requests confidentiality under this subchapter

a fee not to exceed the administrative cost of complying with the

request of confidentiality.

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

Sec. 182.054. EXCEPTIONS. This subchapter does not prohibit a

government-operated utility from disclosing personal information

in a customer's account record to:

(1) an official or employee of the state, a political

subdivision of the state, or the United States acting in an

official capacity;

(2) an employee of a utility acting in connection with the

employee's duties;

(3) a consumer reporting agency;

(4) a contractor or subcontractor approved by and providing

services to the utility, the state, a political subdivision of

the state, or the United States;

(5) a person for whom the customer has contractually waived

confidentiality for personal information; or

(6) another entity that provides water, wastewater, sewer, gas,

garbage, electricity, or drainage service for compensation.

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

Sec. 182.055. NO CIVIL LIABILITY FROM VIOLATION. A

government-operated utility or an officer or employee of a

government-operated utility is immune from civil liability for a

violation of this subchapter.

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

SUBCHAPTER C. TESTING OF METERS

Sec. 182.101. DEFINITIONS. In this subchapter:

(1) "Consumer" means a person who obtains electricity or gas

from a utility.

(2) "Gas" includes natural gas and artificial gas.

(3) "Meter" means an instrument or machine used to measure and

record the use of electricity or gas.

(4) "Test" includes, in reference to the testing of a meter and

as necessary to the reading and examination of a meter, the

authority to break the seal.

(5) "Utility" means a person, other than a governmental entity,

who provides for compensation electricity or gas for consumption

in a municipality.

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

Sec. 182.102. TESTING OF METER. (a) On complaint by a consumer

to the governing body of a municipality, an agent or employee of

the municipality shall examine, read, and test a meter that is

installed by the utility furnishing the electricity or gas.

(b) On demand by a consumer to the governing body of a

municipality, the governing body shall provide the consumer with

a detailed report stating the results of the examination,

reading, and test, including:

(1) whether the meter is in good condition;

(2) whether the meter functions properly; and

(3) the amount of electricity or gas used during a period

designated by the consumer in the demand, not to exceed one year.

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

Sec. 182.103. UTILITY REPRESENTATIVE; NOTICE. A utility

representative may be present during a meter test. The

municipality shall provide notice to a utility regarding the

testing of a meter not later than the third day before the date

the meter test is conducted.

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

Sec. 182.104. OFFENSE. (a) A utility or other person commits

an offense if the utility or other person fails or refuses to

allow an agent or employee of a municipality to examine a meter.

(b) An offense under this section is a misdemeanor punishable by

a fine not to exceed $200.

(c) Each day a utility or other person refuses to allow an agent

or employee of a municipality to examine a meter is a separate

offense.

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


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