reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter D. Provisions Applying to Telegraph Companies › Section 181.063. Exceptions

Sec. 181.063.  EXCEPTIONS.  (a)  A telegraph company is not required to transfer a message to another line if:
(1)  the message originated on the company's line;  and
(2)  the company can deliver the message directly to its intended recipient on the company's lines.
(b)  A telegraph company is not required to receive a message from another's line and transmit the message to its final destination if the message originated at a location on the company's lines.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter D. Provisions Applying to Telegraph Companies › Section 181.064. Hearing and Determination

Sec. 181.064.  HEARING AND DETERMINATION.  (a)  The governing body of a municipality or, for an unincorporated area, the commissioners court of the county, shall on its own motion or on application of at least 100 residents:
(1)  hear evidence as the governing body or commissioners court considers necessary;  and
(2)  determine whether a connection between different lines or other arrangements for transfer of messages is:
(A)  necessary for public convenience;  and
(B)  just to the telegraph companies.
(b)  After conducting a hearing and making the determinations required by Subsection (a), the governing body or commissioners court shall issue an order that:
(1)  includes the findings of the governing body or commissioners court;
(2)  specifies the conditions under which the arrangements for transfer of messages will be made;  and
(3)  specifies the proportion of expense to be paid by the owner or operator of each line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter D. Provisions Applying to Telegraph Companies › Section 181.065. Penalty

Sec. 181.065.  PENALTY.  (a)  A telegraph company shall comply with an order of a municipality's governing body or a commissioners court requiring the company to arrange for transfer of messages.
(b)  A telegraph company that fails to comply with an order is subject to a penalty of $10 for each day of noncompliance, payable to the state.  The county or district attorney may bring suit to recover the penalty.
(c)  A penalty may not be imposed against a telegraph company for noncompliance with an order if:
(1)  the company is prevented from making a connection through the fault or omission of another company;  and
(2)  the fault or omission causes the company's failure to connect.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter D. Provisions Applying to Telegraph Companies › Section 181.066. Appeal

Sec. 181.066.  APPEAL.  (a)  A telegraph company ordered to transfer messages under this subchapter has the right to appeal to the court having jurisdiction over the matter.
(b)  If the court finds that the telegraph company had reasonable grounds for bringing the appeal, the court shall suspend any penalty imposed under this subchapter until the appeal is finally determined.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.081. Definitions

Sec. 181.081.  DEFINITIONS.  In this subchapter:
(1)  "Facility" means a pole, pier, abutment, wire, or other fixture related to a telephone or magnetic telegraph line.
(2)  "Telegraph corporation" means a corporation created to construct and maintain magnetic telegraph lines.
(3)  "Telephone corporation" means a corporation created to construct and maintain telephone lines.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.082. Authority to Install Facility in Relation to Public Property

Sec. 181.082.  AUTHORITY TO INSTALL FACILITY IN RELATION TO PUBLIC PROPERTY.  A telephone or telegraph corporation may install a facility of the corporation along, on, or across a public road, a public street, or public water in a manner that does not inconvenience the public in the use of the road, street, or water.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.083. Authority to Construct Line on Private Property

Sec. 181.083.  AUTHORITY TO CONSTRUCT LINE ON PRIVATE PROPERTY.  A telephone or telegraph corporation may enter land in which a private person or a corporation owns a fee or lesser estate to:
(1)  make a preliminary survey or examination to prepare for the construction of a telephone or telegraph line;
(2)  change the location of a part of a telephone or telegraph line as necessary;  or
(3)  construct or repair a telephone or telegraph line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.084. Appropriation or Condemnation of Land

Sec. 181.084.  APPROPRIATION OR CONDEMNATION OF LAND.  A telephone or telegraph corporation has the right to:
(1)  appropriate as much land owned by a private person or a corporation as is necessary to construct a facility;  or
(2)  condemn land to acquire a right-of-way or other interest in the land for the use of the telephone or telegraph corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.085. Prohibition on Land Contract Excluding Another Telegraph Utility

Sec. 181.085.  PROHIBITION ON LAND CONTRACT EXCLUDING ANOTHER TELEGRAPH UTILITY.  A telegraph corporation may not contract with an owner of land for the right to construct and maintain a telegraph line over the land to the exclusion of the line of another telegraph corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.086. Lines in or Outside State

Sec. 181.086.  LINES IN OR OUTSIDE STATE.  A telegraph corporation may construct, own, use, or maintain a telegraph line in or outside this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.087. Use of Another's Telegraph Line

Sec. 181.087.  USE OF ANOTHER'S TELEGRAPH LINE.  (a)  A telegraph corporation may:
(1)  lease the telegraph line of another telegraph corporation;
(2)  as the result of a lease or purchase, attach to its telegraph line the telegraph line of another telegraph corporation;  or
(3)  join with any other corporation or association to construct, lease, own, use, or maintain a telegraph line.
(b)  An action under Subsection (a)(3) must be taken in accordance with an agreement made by the directors or managers of the telegraph corporations.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.088. Consolidation of Utilities

Sec. 181.088.  CONSOLIDATION OF UTILITIES.  (a)  A telephone or telegraph corporation organized under the law of this state may consolidate or otherwise unite with one or more other companies organized under the law of a state or the United States if the union or consolidation:
(1)  is approved, at a regular meeting of the corporation's stockholders, by a vote of persons holding a majority of the shares of stock of the corporation;  and
(2)  is done with the consent of each other company.
(b)  The company resulting from the consolidation or other union may hold, use, and enjoy the rights and privileges given by the law of this state to, and has the same liabilities of, a company separately organized under the law of this state relating to corporations.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter E. Provisions Applying to Telephone and Telegraph Corporations › Section 181.089. Municipal Regulation

Sec. 181.089.  MUNICIPAL REGULATION.  (a)  The appropriate authorities of a municipality through which a line of a telephone or telegraph corporation is to pass may adopt, by ordinance or another method, regulations governing the corporation that specify the:
(1)  location of the facilities of the corporation;
(2)  kind of posts that must be used by the corporation;  or
(3)  height at which the wires of the corporation must be placed.
(b)  After the construction of the telephone or telegraph line, the appropriate authorities of the municipality, after giving the corporation or its agents an opportunity to be heard, may direct any change in:
(1)  the construction or location of the facilities;  or
(2)  the height at which the corporation must locate the wires.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter F. Provisions Applying to Community Antenna and Cable Television Utilities › Section 181.101. Definitions

Sec. 181.101.  DEFINITIONS.  In this subchapter:
(1)  "Equipment" means a line, wire, cable, pipe, conduit, conductor, pole, or other facility for the transmission of community antenna or cable television service.
(2)  "Person" means an individual, firm, or corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter F. Provisions Applying to Community Antenna and Cable Television Utilities › Section 181.102. Authority to Install and Maintain Equipment

Sec. 181.102.  AUTHORITY TO INSTALL AND MAINTAIN EQUIPMENT.  (a)  In an unincorporated area, a person in the business of providing community antenna or cable television service to the public may install and maintain equipment through, under, along, across, or over a utility easement, a public road, an alley, or a body of public water in accordance with this subchapter.
(b)  The installation and maintenance of the equipment must be done in a way that does not unduly inconvenience the public using the affected property.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter F. Provisions Applying to Community Antenna and Cable Television Utilities › Section 181.103. Notice to State or County

Sec. 181.103.  NOTICE TO STATE OR COUNTY.  (a)  A person proposing to install equipment under Section 181.102 in the right-of-way of a state highway or a county road shall give notice of the proposal to:
(1)  the Texas Department of Transportation if the proposal relates to a state highway;  or
(2)  the commissioners court of the county if the proposal relates to a county road.
(b)  On receipt of the notice, the Texas Department of Transportation or commissioners court may designate the location in the right-of-way where the person may install the equipment, if the equipment is not to be installed on an existing facility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter F. Provisions Applying to Community Antenna and Cable Television Utilities › Section 181.104. Relocation of Equipment to Allow Change to Traffic Lane

Sec. 181.104.  RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO TRAFFIC LANE.  (a)  The authority of the Texas Department of Transportation under this section is limited to equipment installed in connection with a state highway.  The authority of the commissioners court under this section is limited to equipment installed in connection with a county road.
(b)  The Texas Department of Transportation or the commissioners court of a county may require a person who has installed equipment in the right-of-way of a state highway or county road to relocate the person's equipment to allow the widening or other changing of a traffic lane.
(c)  To impose a requirement under this section, the Texas Department of Transportation or the commissioners court, as appropriate, must give to the person written notice of the requirement not later than the 45th day before the date the relocation is to be made.  The notice must identify the equipment to be relocated and indicate the location in the right-of-way where the person may reinstall the equipment.
(d)  The person shall pay the cost of repairing a state highway or county road damaged by the relocation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter Z. Miscellaneous Provisions › Section 181.901. Authority of General-Law Municipality to Protect Utility

Sec. 181.901.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO PROTECT UTILITY.  (a)  The governing body of a general-law municipality may adopt an ordinance that applies to a utility using the streets and public grounds of the municipality and that protects the utility:
(1)  in the free enjoyment of the utility's rights and privileges;  and
(2)  from interference with the utility's property and franchises.
(b)  In this section, "utility" means a person, company, or corporation engaged in furnishing water, gas, telephone, light, power, or sewage service to the public.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter Z. Miscellaneous Provisions › Section 181.902. Authority of General-Law Municipality to Prevent Use or Waste of Utility Commodity or Service

Sec. 181.902.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO PREVENT USE OR WASTE OF UTILITY COMMODITY OR SERVICE.  (a)  The governing body of a general-law municipality may adopt an ordinance that prevents the free or unauthorized use or the waste of a commodity or service furnished by a utility that uses the streets and public grounds of the municipality.
(b)  In this section, "utility" has the meaning assigned to the term by Section 181.901.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter Z. Miscellaneous Provisions › Section 181.903. Restriction on Regulation of Utility Services and Infrastructure

Sec. 181.903.  RESTRICTION ON REGULATION OF UTILITY SERVICES AND INFRASTRUCTURE.  (a)  In this section:
(1)  "Regulatory authority" has the meanings assigned by Sections 11.003 and 101.003.
(2)  "Utility" has the meaning assigned by Section 181.901, except that the term does not include a person, company, or corporation engaged in furnishing telephone service to the public.
(b)  No regulatory authority, planning authority, or political subdivision of this state may adopt or enforce an ordinance, resolution, regulation, code, order, policy, or other measure that has the purpose, intent, or effect of directly or indirectly banning, limiting, restricting, discriminating against, or prohibiting the connection or reconnection of a utility service or the construction, maintenance, or installation of residential, commercial, or other public or private infrastructure for a utility service based on the type or source of energy to be delivered to the end-use customer.
(c)  An entity, including a regulatory authority, planning authority, political subdivision, or utility, may not impose any additional charge or pricing difference on a development or building permit applicant for utility infrastructure that:
(1)  encourages those constructing homes, buildings, or other structural improvements to connect to a utility service based on the type or source of energy to be delivered to the end-use customer; or
(2)  discourages the installation of facilities for the delivery of or use of a utility service based on the type or source of energy to be delivered to the end-use customer.
(d)  This section does not limit the ability of a regulatory authority or political subdivision to choose utility services for properties owned by the regulatory authority or political subdivision.
Added by Acts 2021, 87th Leg., R.S., Ch. 44 (H.B. 17), Sec. 1, eff. May 18, 2021.
2023 Texas Statutes › 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 › Section 182.001. Definitions

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.
2023 Texas Statutes › 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 › Section 182.002. Delay of Bill Payment Date for Elderly Individual

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.
2023 Texas Statutes › 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 › Section 182.003. Request for Delay

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.
2023 Texas Statutes › 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 › Section 182.004. Proof of Age

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.
2023 Texas Statutes › 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 › Section 182.005. Certain Utilities Not Affected

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.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter B. Disclosure of Customer Information › Section 182.051. Definitions

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.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter B. Disclosure of Customer Information › Section 182.052. Disclosure of Personal Information

Sec. 182.052.  DISCLOSURE 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, unless the customer requests that the government-operated utility disclose the information.
(b)  A customer may request disclosure of information described by Subsection (a) by delivering to the government-operated utility an appropriately marked form provided under Subsection (c)(2) or any other written request for disclosure.
(c)  A government-operated utility shall include with a bill sent to each customer or shall post on the utility's Internet website:
(1)  a notice of the customer's right to request disclosure under this section; and
(2)   a form by which the customer may request disclosure by marking an appropriate box on the form and returning it to the government-operated utility, either by mail or electronically.
(d)  A customer may rescind a request for disclosure under this section by providing the government-operated utility a written request to withhold the customer's personal information beginning on the date the utility receives the request.
(e)  A governmental body as defined by Section 552.003, Government Code, may withhold information prohibited from being disclosed under this section without the necessity of requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 692 (H.B. 685), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 1025 (H.B. 872), Sec. 3, eff. June 18, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1025 (H.B. 872), Sec. 4, eff. June 18, 2021.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter B. Disclosure of Customer Information › Section 182.054. Exceptions

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;
(6)  another entity that provides water, wastewater, sewer, gas, garbage, electricity, or drainage service for compensation;
(7)  another entity as necessary to facilitate the transition of customers among retail electric providers under Section 40.053 or to comply with rules, guidelines, and procedures established by an independent organization certified under Section 39.151; or
(8)  a retail electric provider, as defined by Section 31.002(17).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 46 (H.B. 2664), Sec. 1, eff. May 19, 2023.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter B. Disclosure of Customer Information › Section 182.055. No Civil Liability From Violation

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.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter C. Testing of Meters › Section 182.101. Definitions

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.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter C. Testing of Meters › Section 182.102. Testing of Meter

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.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter C. Testing of Meters › Section 182.103. Utility Representative; Notice

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.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter C. Testing of Meters › Section 182.104. Offense

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.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter D. Bill Payment Assistance Program for Burned Veterans › Section 182.201. Definitions

Sec. 182.201.  DEFINITIONS.  In this subchapter, "electric cooperative" and "municipally owned utility" have the meanings assigned by Section 11.003.
Added by Acts 2013, 83rd Leg., R.S., Ch. 597 (S.B. 981), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 182 - Rights of Utility Customers › Subchapter D. Bill Payment Assistance Program for Burned Veterans › Section 182.202. Burned Veterans Assistance Program

Sec. 182.202.  BURNED VETERANS ASSISTANCE PROGRAM.  (a)  The board of directors of an electric cooperative or the governing body of a municipally owned utility may establish a bill payment assistance program for a customer who is a military veteran who a medical doctor certifies has a significantly decreased ability to regulate the individual's body temperature because of severe burns received in combat.
(b)  The costs of a bill payment assistance program established under Subsection (a) are considered a necessary operations expense.
(c)  The board of directors of an electric cooperative or the governing body of a municipally owned utility may determine the method to fund a bill payment assistance program established under Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 597 (S.B. 981), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 183 - Utility Deposits › Section 183.001. Definitions

Sec. 183.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Public Utility Commission of Texas.
(2)  "Utility" means a person, firm, company, corporation, receiver, or trustee who furnishes water, electric, gas, or telephone service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 183 - Utility Deposits › Section 183.002. Interest on Deposit

Sec. 183.002.  INTEREST ON DEPOSIT.  A utility that requires the user of a service to pay a money deposit as a condition to furnishing the service shall pay interest on the deposit from the time the deposit is made.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 183 - Utility Deposits › Section 183.003. Rate of Interest

Sec. 183.003.  RATE OF INTEREST.  The commission on or before each December 1 shall set the annual interest rate for the next calendar year on deposits governed by this chapter at the average rate paid over the previous 12-month period on United States treasury bills with a 26-week maturity.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1320 (H.B. 3460), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 372 (S.B. 734), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 183 - Utility Deposits › Section 183.004. Interest Payment to Depositor

Sec. 183.004.  INTEREST PAYMENT TO DEPOSITOR.  A utility shall pay interest on the deposit to the depositor or the depositor's heirs or assigns annually on demand or sooner if the service is discontinued.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 183 - Utility Deposits › Section 183.005. Return of Deposit

Sec. 183.005.  RETURN OF DEPOSIT.  (a)  When the service is discontinued, the utility shall return the deposit and any unpaid interest on the deposit to the depositor or the depositor's heirs or legal representatives.
(b)  The utility company may deduct from the amount returned under Subsection (a) any payments due for the services.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 183 - Utility Deposits › Section 183.006. Criminal Penalty

Sec. 183.006.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.
(b)  An offense under this section is punishable by:
(1)  a fine of not less than $25 and not more than $200;
(2)  confinement in jail for not less than six months and not more than one year;  or
(3)  both the fine and confinement.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter A. General Provisions › Section 184.001. Definition

Sec. 184.001.  DEFINITION.  In this chapter, "commission" means the Public Utility Commission of Texas.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter B. Metering in Apartments, Condominiums, and Mobile Home Parks › Section 184.011. Definitions

Sec. 184.011.  DEFINITIONS.  In this subchapter:
(1)  "Apartment house" means one or more buildings containing more than five dwelling units each of which is rented primarily for nontransient use with rent paid at intervals of one week or longer.  The term includes a rented or owner-occupied residential condominium.
(2)  "Dwelling unit":
(A)  means:
(i)  one or more rooms that are suitable for occupancy as a residence and that contain kitchen and bathroom facilities; or
(ii)  a mobile home in a mobile home park; and
(B)  does not include a recreational vehicle, as defined by Section 522.004(b), Transportation Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter B. Metering in Apartments, Condominiums, and Mobile Home Parks › Section 184.012. New Construction or Conversion

Sec. 184.012.  NEW CONSTRUCTION OR CONVERSION.  (a)  A political subdivision may not authorize the construction or occupancy of a new apartment house, including the conversion of property to a condominium, unless the construction plan provides for the measurement of the quantity of electricity consumed by the occupants of each dwelling unit of the apartment house, either by individual metering by the utility company or by submetering by the owner.
(b)  This section does not prohibit a political subdivision from issuing a permit to a nonprofit organization for construction of a new apartment house for occupancy by low-income elderly tenants if the nonprofit organization establishes, by submitting engineering and cost data and a sworn statement, that all cost savings will be passed on to the low-income elderly tenants.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter B. Metering in Apartments, Condominiums, and Mobile Home Parks › Section 184.0125. Housing for Older Persons

Sec. 184.0125.  HOUSING FOR OLDER PERSONS.  (a)  Section 184.012 does not prohibit a political subdivision from issuing a permit for the construction of housing for older persons with 100 or more dwelling units.
(b)  Before issuing a permit, certificate, or other authorization for the construction of housing for older persons, a political subdivision shall require that the construction plan provide for the requirements prescribed by this section.
(c)  To qualify for the exemption provided by this section, the housing, at a minimum, must have:
(1)  significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of those facilities and services is not practicable, the housing must be necessary to provide important housing opportunities for older persons;
(2)  at least 80 percent of the dwelling units set aside for occupancy by at least one person 55 years of age or older in each dwelling unit;  and
(3)  policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(d)  The owner or manager must adhere to the policies and procedures required by Subsection (c)(3).
(e)  In this section, "housing for older persons" means housing:
(1)  intended for and solely occupied by persons 62 years of age or older;  or
(2)  intended and operated for occupancy by at least one person 55 years of age or older in each dwelling unit.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.16(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter B. Metering in Apartments, Condominiums, and Mobile Home Parks › Section 184.013. Submetering

Sec. 184.013.  SUBMETERING.  (a)  The owner of an apartment house or mobile home park may submeter each dwelling unit in the apartment house or mobile home park to measure the quantity of electricity consumed by the occupants of the dwelling unit.
(b)  Electric submetering equipment is subject to:
(1)  the same rules adopted by the commission for accuracy, testing, and recordkeeping of meters installed by electric utilities;  and
(2)  the meter testing requirements of Subchapter C, Chapter 38.
(c)  If not more than 90 days before the date an owner, operator, or manager of an apartment house installs individual meters or submeters in the apartment house the owner, operator, or manager increases rental rates and the increase in rental rates is attributable to the increased cost of utilities, the owner, operator, or manager, on installation of the meters or submeters, shall:
(1)  immediately reduce the rental rate by the amount of the increase attributable to the increased cost of utilities;  and
(2)  refund the amount of the increased rent:
(A)  collected in the 90-day period preceding the installation of the meters or submeters;  and
(B)  attributable to the cost of increased utilities.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter B. Metering in Apartments, Condominiums, and Mobile Home Parks › Section 184.014. Rules

Sec. 184.014.  RULES.  (a)  The commission shall adopt rules under which an owner, operator, or manager of an apartment house or mobile home park for which electricity is not individually metered may install submetering equipment to allocate fairly the cost of the electrical consumption of each dwelling unit in the apartment house or mobile home park.
(b)  In addition to other appropriate safeguards for a tenant of an apartment house or mobile home park, a rule adopted under Subsection (a) must provide that:
(1)  the apartment house owner or a mobile home park owner may not charge a tenant more than the cost per kilowatt hour charged by the utility to the owner;  and
(2)  the apartment house owner shall maintain adequate records relating to submetering and make those records available for inspection by the tenant during reasonable business hours.
(c)  A rule adopted under this section has the same effect as a rule adopted under Title 2, and a utility company and the owner, operator, or manager of an apartment house subject to this subchapter is subject to enforcement under Sections 15.021, 15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter C. Metering in Recreational Vehicle Parks › Section 184.031. Definitions

Sec. 184.031.  DEFINITIONS.  In this subchapter:
(1)  "Recreational vehicle" has the meaning assigned by Section 522.004(b), Transportation Code.
(2)  "Supplying utility" means the electric utility from which a recreational vehicle park owner purchases electricity consumed at the recreational vehicle park.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter C. Metering in Recreational Vehicle Parks › Section 184.032. Metered Sale Under Commission Rules

Sec. 184.032.  METERED SALE UNDER COMMISSION RULES.  The metered sale of electricity by a recreational vehicle park owner in compliance with submetering rules adopted by the commission under Title 2  does not constitute the provision of electric service for compensation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter C. Metering in Recreational Vehicle Parks › Section 184.033. Metered Sale Under This Chapter

Sec. 184.033.  METERED SALE UNDER THIS CHAPTER.  Notwithstanding any provision of Title 2, the metered sale of electricity by a recreational vehicle park owner does not constitute the provision of electric service for compensation if:
(1)  the electricity is consumed in a recreational vehicle that is located in a recreational vehicle park;
(2)  the owner can show that the owner does not annually recover from recreational vehicle occupants through metered charges more than the supplying utility charges the owner for electricity that is submetered, taking into account fuel refunds;
(3)  the owner establishes a fiscal year for the purposes of this subchapter and maintains for at least three years records of:
(A)  bills received from the supplying utility;
(B)  charges made to recreational vehicle occupants;  and
(C)  consumption records for each fiscal year;
(4)  the owner charges for electricity using a fixed rate per kilowatt hour for each fiscal year computed at the beginning of the fiscal year in the manner provided by Section 184.034;  and
(5)  the owner complies with the refund requirements of Section 184.035.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter C. Metering in Recreational Vehicle Parks › Section 184.034. Computation of Charges

Sec. 184.034.  COMPUTATION OF CHARGES.  (a)  For the purposes of computing the charge for electricity under Section 184.033(4), the recreational vehicle park owner shall divide the amount charged the owner by the supplying utility for the preceding fiscal year by the total number of kilowatt hours consumed by occupants visiting the park in the preceding fiscal year and round the quotient to the nearest cent.
(b)  If since or during the preceding fiscal year the supplying utility increases its rates, the owner may recompute the preceding fiscal year's charges by the utility using the current rates charged by the utility.
(c)  If since or during the preceding fiscal year the supplying utility decreases its rates, the owner shall recompute the preceding fiscal year's charges by the utility using the current rates charged by the utility.
(d)  An owner may not:
(1)  include a charge by the supplying utility for electricity used in a common area or office of the recreational vehicle park in computing the amounts under Subsection (b) or (c);  or
(2)  recover that charge through a metered charge to a recreational vehicle occupant.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 184 - Electric and Water Metering › Subchapter C. Metering in Recreational Vehicle Parks › Section 184.035. Refund of Surcharges

Sec. 184.035.  REFUND OF SURCHARGES.  A recreational vehicle park owner who determines at the end of a fiscal year that the owner has collected more than the amount charged by the supplying utility shall refund the excess amount to occupants visiting the park in the succeeding fiscal year.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.