Texas Administrative Code Title 30
ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 291 UTILITY REGULATIONS
SUBCHAPTER E CUSTOMER SERVICE AND PROTECTION
RULE §291.88 Discontinuance of Service
(a) Disconnection with notice.
(1) Notice requirements. Proper notice shall consist of a separate written statement which a utility must mail or hand
deliver to a customer before service may be disconnected. The notice must be provided in English and Spanish if
necessary to adequately inform the customer and must include the following information:
(A) the words “termination notice” or similar language approved by the executive director written in a way to stand
out from other information on the notice;
(B) the action required to avoid disconnection, such as paying past due service charges;
(C) the date by which the required action must be completed to avoid disconnection. This date must be at least ten
days from the date the notice is provided unless a shorter time is authorized by the executive director;
(D) the intended date of disconnection;
(E) the office hours, telephone number, and address of the utility’s local office;
(F) the total past due charges;
(G) all reconnect fees that will be required to restore water or sewer service if service is disconnected.
(H) if notice is provided by a sewer service provider under subsection (e) of this section, the notice must also state:
(i) that failure to pay past due sewer charges will result in termination of water service; and
(ii) that water service will not be reconnected until all past due and currently due sewer service charges and the
sewer reconnect fee are paid.
(2) Reasons for disconnection. Utility service may be disconnected after proper notice for any of the following reasons:
(A) failure to pay a delinquent account for utility service or failure to comply with the terms of a deferred payment
agreement.
(i) Payment by check which has been rejected for insufficient funds, closed account, or for which a stop payment
order has been issued is not deemed to be payment to the utility.
(ii) Payment at a utility’s office or authorized payment agency is considered payment to the utility.
(iii) The utility is not obligated to accept payment of the bill when an employee is at the customer’s location to
disconnect service;
(B) violation of the utility’s rules pertaining to the use of service in a manner which interferes with the service of
others;
(C) operation of non-standard equipment, if a reasonable attempt has been made to notify the customer and the
customer is provided with a reasonable opportunity to remedy the situation;
(D) failure to comply with deposit or guarantee arrangements where required by §291.84 of this title (relating to
Applicant and Customer Deposit);
(E) failure to pay charges for sewer service provided by another retail public utility in accordance with subsection (e)
of this section; and
(F) failure to pay solid waste disposal fees collected under contract with a county or other public agency.
(b) Disconnection without notice. Utility service may be disconnected without prior notice for the following reasons:
(1) where a known and dangerous condition related to the type of service provided exists. Where reasonable, given the
nature of the reason for disconnection, a written notice of the disconnection, explaining the reason service was
disconnected, shall be posted at the entrance to the property, the place of common entry or upon the front door of
each affected residential unit as soon as possible after service has been disconnected;
(2) where service is connected without authority by a person who has not made application for service;
(3) where service has been reconnected without authority following termination of service for nonpayment under
subsection (a) of this section;
(4) or in instances of tampering with the utility’s meter or equipment, bypassing the same, or other instances of
diversion as defined in §291.89 of this title (relating to Meters).
(c) Disconnection prohibited. Utility service may not be disconnected for any of the following reasons:
(1) failure to pay for utility service provided to a previous occupant of the premises;
(2) failure to pay for merchandise, or charges for non-utility service provided by the utility;
(3) failure to pay for a different type or class of utility service unless the fee for such service is included on the same bill
or unless such disconnection is in accordance with subsection (e) of this section;
(4) failure to pay the account of another customer as guarantor thereof, unless the utility has in writing the guarantee
as a condition precedent to service;
(5) failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered
with or unless such underbilling charges are due under §291.89 of this title;
(6) failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the
utility is unable to read the meter due to circumstances beyond its control;
(7) failure to comply with regulations or rules regarding anything other than the type of service being provided
including failure to comply with septic tank regulations or sewer hook-up requirements.
(8) refusal of a current customer to sign a service agreement; or,
(9) failure to pay standby fees.