reglab/housing_qa huggingface dataset:
TX Water Code § 13.4132 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.4132. Operation of Utility That Discontinues Operation or Is Referred for Appointment of Receiver

Sec. 13.4132.  OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.  (a)  The utility commission or the commission, after providing to the utility notice and an opportunity to be heard by the commissioners at a utility commission or commission meeting, may authorize a willing person to temporarily manage and operate a utility if the utility:(1)  has discontinued or abandoned operations or the provision of services;(2)  has been or is being referred to the attorney general for the appointment of a receiver under Section 13.412; or(3)  provides retail water or sewer utility service through fewer than 10,000 taps or connections and violates a final order of the commission by failing to:(A)  provide system capacity that is greater than the required raw water or groundwater production rate or the anticipated daily demand of the system; (B)  provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; or (C)  maintain accurate or properly calibrated testing equipment or other means of monitoring the effectiveness of a chemical treatment or pathogen inactivation or removal process.(b)  The utility commission or the commission may appoint a person under this section by emergency order, and notice of the action is adequate if the notice is mailed or hand-delivered to the last known address of the utility's headquarters.(c)  A person appointed under this section has the powers and duties necessary to ensure the continued operation of the utility and the provision of continuous and adequate services to customers, including the power and duty to:(1)  read meters;(2)  bill for utility services;(3)  collect revenues;(4)  disburse funds;  (5)  access all system components;  and(6)  request rate increases.(d)  This section does not affect the authority of the utility commission or the commission to pursue an enforcement claim against a utility or an affiliated interest.|Added by Acts 1991, 72nd Leg., ch. 678, Sec. 13, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.14, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.73, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 73, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 545 (H.B. 3542), Sec. 3, eff. September 1, 2019.|
TX Water Code § 13.4133 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.4133. Emergency Rate Increase in Certain Circumstances

Sec. 13.4133.  EMERGENCY RATE INCREASE IN CERTAIN CIRCUMSTANCES.  (a)  Notwithstanding the requirements of Subchapter F, the utility commission may authorize an emergency rate increase for a utility for which a person has been appointed under Section 13.4132 or for which a receiver has been appointed under Section 13.412 if the increase is necessary to ensure the provision of continuous and adequate services to the utility's customers.  The commission and utility commission shall coordinate as needed to carry out this section.(b)  A utility that receives an emergency rate increase under this section shall provide to each ratepayer notice of the increase as soon as possible, but not later than the first utility bill issued at the new rate.(c)  An emergency order may be issued under this section for a term not to exceed 15 months.  The utility commission shall schedule a hearing to establish a final rate within 15 months after the date on which an emergency rate increase takes effect.  The utility commission shall require the utility to provide notice of the hearing to each customer.  The additional revenues collected under an emergency rate increase are subject to refund if the utility commission finds that the rate increase was larger than necessary to ensure continuous and adequate service.|Added by Acts 1991, 72nd Leg., ch. 678, Sec. 13, eff. Sept. 1, 1991.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.74, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 74, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 8, eff. September 1, 2015.|
TX Water Code § 13.414 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.414. Penalty Against Retail Public Utility or Affiliated Interest

Sec. 13.414.  PENALTY AGAINST RETAIL PUBLIC UTILITY OR AFFILIATED INTEREST.  (a)  Any retail public utility or affiliated interest that violates this chapter, fails to perform a duty imposed on it, or fails, neglects, or refuses to obey an order, rule, direction, or requirement of the utility commission or the commission or decree or judgment of a court is subject to a civil penalty of not less than $100 nor more than $5,000 for each violation.(a-1)  Notwithstanding Subsection (a), a retail public utility or affiliated interest that violates Section 13.151 is subject to a civil penalty of not less than $100 nor more than $50,000 for each violation.(b)  A retail public utility or affiliated interest commits a separate violation each day it continues to violate Subsection (a) of this section.(c)  The attorney general shall institute suit on his own initiative or at the request of, in the name of, and on behalf of the utility commission or the commission in a court of competent jurisdiction to recover the penalty under this section.(d)  The utility commission by rule shall establish a classification system to be used by a court under this section for violations of Section 13.151 that includes a range of penalties that may be recovered for each class of violation based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of a prohibited act; and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the history of previous violations;(3)  the amount necessary to deter future violations;(4)  efforts to correct the violation; and(5)  any other matter that justice may require.(e)  The classification system established under Subsection (d) shall provide that a penalty in an amount that exceeds $5,000 may be recovered only if the violation is included in the highest class of violations in the classification system.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 38, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 678, Sec. 14, eff. Sept. 1, 1991.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.75, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 75, eff. September 1, 2013.Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 31, eff. June 8, 2021.|
TX Water Code § 13.415 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.415. Personal Penalty

Sec. 13.415.  PERSONAL PENALTY.  Any person who wilfully and knowingly violates this chapter is guilty of a third degree felony.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.|
TX Water Code § 13.416 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.416. Penalties Cumulative

Sec. 13.416.  PENALTIES CUMULATIVE.  All penalties accruing under this chapter are cumulative and a suit for the recovery of any penalty does not bar or affect the recovery of any other penalty or bar any criminal prosecution against any retail public utility or any officer, director, agent, or employee or any other corporation or person.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 40, eff. Sept. 1, 1989.|
TX Water Code § 13.417 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.417. Contempt Proceedings

Sec. 13.417.  CONTEMPT PROCEEDINGS.  If any person or retail public utility fails to comply with any lawful order of the utility commission or the commission or with any subpoena or subpoena duces tecum or if any witness refuses to testify about any matter on which he may be lawfully interrogated, the utility commission or the commission may apply to any court of competent jurisdiction to compel obedience by proceedings for contempt.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 41, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.77, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 77, eff. September 1, 2013.|
TX Water Code § 13.418 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.418. Disposition of Fines and Penalties; Water Utility Improvement Account

Sec. 13.418.  DISPOSITION OF FINES AND PENALTIES; WATER UTILITY IMPROVEMENT ACCOUNT.  (a)  Fines and penalties collected under this chapter from a retail public utility that is not a public utility in other than criminal proceedings shall be deposited in the general revenue fund.(b)  Fines and penalties collected from a public utility under this chapter in other than criminal proceedings shall be deposited in the water utility improvement account as provided by Section 341.0485, Health and Safety Code.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.31, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.78, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 78, eff. September 1, 2013.|
TX Water Code § 13.419 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.419. Venue

Sec. 13.419.  VENUE.  Suits for injunction or penalties under this chapter may be brought in Travis County, in any county where this violation is alleged to have occurred, or in the county or residence of any defendant.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.|
TX Water Code § 13.451 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. -1. Emergency Orders|Section 13.451. Issuance of Emergency Order

Sec. 13.451.  ISSUANCE OF EMERGENCY ORDER.  (a)  The utility commission may issue an emergency order authorized under this chapter after providing the notice and opportunity for a hearing that the utility commission considers practicable under the circumstances or without notice or opportunity for a hearing. If the utility commission considers the provision of notice and opportunity for a hearing  practicable, the utility commission shall provide the notice not later than the 10th day before the date set for the hearing.(b)  The utility commission by order or rule may delegate to the utility commission's executive director the authority to:(1)  receive applications and issue emergency orders under this subchapter;  and(2)  authorize, in writing, a representative or representatives to act on the utility commission's executive director's behalf under this subchapter.(c)  Chapter 2001, Government Code, does not apply to the issuance of an emergency order under this subchapter without a hearing.(d)  A law under which the utility commission acts that requires notice of hearing or that prescribes procedures for the issuance of emergency orders does not apply to a hearing on an emergency order issued under this subchapter unless the law specifically requires notice for an emergency order.  The utility commission shall give notice of the hearing as it determines is practicable under the circumstances.(e)  An emergency order issued under this subchapter does not vest any rights in a person affected by the order and the order expires according to its terms.(f)  The utility commission may adopt rules necessary to administer this subchapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 9, eff. September 1, 2015.|
TX Water Code § 13.452 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. -1. Emergency Orders|Section 13.452. Application for Emergency Order

Sec. 13.452.  APPLICATION FOR EMERGENCY ORDER.  A person other than the utility commission or the staff of the utility commission who desires the issuance of an emergency order under this subchapter must submit a sworn written application to the utility commission.  The application must:(1)  describe the emergency condition or other condition justifying the issuance of the order;(2)  allege facts to support the findings required under this subchapter;(3)  estimate the dates on which the proposed order should begin and end;(4)  describe the action sought and the activity proposed to be allowed, mandated, or prohibited; and(5)  include any other statement, including who must sign the application for the order, and any information required by the utility commission.|Added by Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 9, eff. September 1, 2015.|
TX Water Code § 13.453 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. -1. Emergency Orders|Section 13.453. Notice of Issuance

Sec. 13.453.  NOTICE OF ISSUANCE.  Notice of the issuance of an emergency order must be provided as required by utility commission rule.|Added by Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 9, eff. September 1, 2015.|
TX Water Code § 13.454 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. -1. Emergency Orders|Section 13.454. Hearing to Affirm, Modify, or Set Aside Order

Sec. 13.454.  HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER.  (a)  If the utility commission or the utility commission's executive director issues an emergency order under this subchapter without a hearing, a hearing must be held to affirm, modify, or set aside the emergency order unless the person affected by the order waives the right to a hearing.  If the person does not waive the right to a hearing, the utility commission or the utility commission's executive director shall set a time and place for a hearing to be held before the utility commission or the State Office of Administrative Hearings, which must be as soon as practicable after the order is issued.(b)  At a hearing required under Subsection (a), or within a reasonable time after the hearing, the utility commission shall affirm, modify, or set aside the emergency order.(c)  A hearing to affirm, modify, or set aside an emergency order must be conducted in accordance with Chapter 2001, Government Code, and utility commission rules.  Utility commission rules relating to a hearing to affirm, modify, or set aside an emergency order must provide for presentation of evidence by the applicant, if any, under oath, presentation of rebuttal evidence under oath, and cross-examination of witnesses under oath.|Added by Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 9, eff. September 1, 2015.|
TX Water Code § 13.455 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. -1. Emergency Orders|Section 13.455. Term of Order

Sec. 13.455.  TERM OF ORDER.  An emergency order issued under this subchapter must be limited to a reasonable time as specified in the order.  Except as otherwise provided by this chapter, the term of an emergency order may not exceed 180 days.  An emergency order may be renewed once for a period not to exceed 180 days.|Added by Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 9, eff. September 1, 2015.|
TX Water Code § 13.501 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter M. Submetering and Nonsubmetering for Apartments and Manufactured Home Rental Communities and Other Multiple Use Facilities|Section 13.501. Definitions

Sec. 13.501.  DEFINITIONS.  In this subchapter:(1)  "Apartment house" means one or more buildings containing five or more dwelling units which are occupied primarily for nontransient use, including a residential condominium whether rented or owner occupied, and having rental paid, if a dwelling unit is rented, at intervals of one month or longer.(1-a)  "Condominium manager" or "manager of a condominium" means a condominium unit owners' association organized under Section 82.101, Property Code, or an incorporated or unincorporated entity comprising the council of owners under Chapter 81, Property Code. (2)  "Dwelling unit" means:(A)  one or more rooms in an apartment house or condominium, suitable for occupancy as a residence, and containing kitchen and bathroom facilities;  or(B)  a manufactured home in a manufactured home rental community.(3)  "Customer" means the individual, firm, or corporation in whose name a master meter has been connected by the utility service provider.(4)  "Nonsubmetered master metered utility service" means water utility service that is master metered for the apartment house but not submetered, and wastewater utility service based on master metered water utility service.(5)  "Owner" means the legal titleholder of an apartment house, manufactured home rental community, or multiple use facility and any individual, firm, or corporation expressly identified in a lease agreement as the landlord of tenants in the apartment house, manufactured home rental community, or multiple use facility.  The term does not include the manager of an apartment home unless the manager is expressly identified as the landlord in the lease agreement.(6)  "Tenant" means a person who is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and who is obligated to pay for the occupancy under a written or oral rental agreement.(7)  "Multiple use facility" means commercial or industrial parks, office complexes, marinas, and others specifically identified in utility commission rules with five or more units.(8)  "Manufactured home rental community" means a property on which spaces are rented for the occupancy of manufactured homes for nontransient residential use and for which rental is paid at intervals of one month or longer.(9)  "Utility costs" or "utility service costs" means any amount charged to the owner by a retail public utility for water or wastewater service.|Amended by Acts 1989, 71st Leg., ch. 567, Sec. 43, eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 86, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.79, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 79, eff. September 1, 2013.Acts 2017, 85th Leg., R.S., Ch. 389 (S.B. 873), Sec. 1, eff. June 1, 2017.|
TX Water Code § 13.502 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter M. Submetering and Nonsubmetering for Apartments and Manufactured Home Rental Communities and Other Multiple Use Facilities|Section 13.502. Submetering

Sec. 13.502.  SUBMETERING.  (a)  An apartment house owner, manufactured home rental community owner, multiple use facility owner, or condominium manager may provide for submetering of each dwelling unit or rental unit for the measurement of the quantity of water, if any, consumed by the occupants of that unit.(b)  Except as provided by Subsections (c) and (d), a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction begins after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the installation of:(1)  submeters, owned by the property owner or manager, for each dwelling unit or rental unit;  or(2)  individual meters, owned by the retail public utility, for each dwelling unit or rental unit.(c)  An owner of an apartment house on which construction begins after January 1, 2003, and which provides government assisted or subsidized rental housing to low or very low income residents shall install a plumbing system in the apartment house that is compatible with the installation of submeters for the measurement of the quantity of water, if any, consumed by the occupants of each unit.(d)  On request by the property owner or manager, a retail public utility shall install individual meters owned by the utility in an apartment house, manufactured home rental community, multiple use facility, or condominium on which construction begins after January 1, 2003, unless the retail public utility determines that installation of meters is not feasible.  If the retail public utility determines that installation of meters is not feasible, the property owner or manager shall install a plumbing system that is compatible with the installation of submeters or individual meters.  A retail public utility may charge reasonable costs to install individual meters.(e)  An owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium may not change from submetered billing to allocated billing unless:(1)  the utility commission approves of the change in writing after a demonstration of good cause, including meter reading or billing problems that could not feasibly be corrected or equipment failures; and(2)  the property owner meets rental agreement requirements established by the utility commission.|Amended by Acts 1989, 71st Leg., ch. 567, Sec. 43, eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 86, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 873, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.80, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 80, eff. September 1, 2013.|