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.