2005 Texas Utilities Code CHAPTER 182. RIGHTS OF UTILITY CUSTOMERS

UTILITIES CODE

CHAPTER 182. RIGHTS OF UTILITY CUSTOMERS

SUBCHAPTER A. PAYMENT DATE OF UTILITY BILL FOR ELDERLY INDIVIDUAL


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    

SUBCHAPTER B. CONFIDENTIALITY OF CUSTOMER INFORMATION


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2001, 77th Leg., ch. 966, § 2.59, eff. Sept. 1, 2001.


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    

SUBCHAPTER C. TESTING OF METERS


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.                    


	§ 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, § 1, eff. Sept. 1, 1997.