When Can A Water Utility Legally Interrupt Water Service?

As recognized by the Texas Legislature, “[c]ontinuous service by a public utility is essential to the life, health, and safety of the public. A person's wilful interruption of that service is a public calamity that cannot be endured.” TEX UTIL. CODE § 186.002(a) In enacting this statute, the Lege wisely recognized the importance of domestic water service for cleaning, cooking, bathing, drinking and sanitation. It further recognized that service should only be interrupted in very limited circumstances. These circumstances are clearly set-forth the provisions of § 13.250(b-c)of the Texas Water Code and in Chapter 31 of the Texas Administrative Code (31 T.A.C. § 291.88 -- which is portion of the TCEQ’s Administrative Rules).

These Sections respectively provide as follows:

TEX. WATER CODE § 13.250

(b) Unless the commission issues a certificate that neither
the present nor future convenience and necessity will be adversely
affected, the holder of a certificate or a person who possesses
facilities used to provide utility service shall not discontinue,
reduce, or impair service to a certified service area or part of a
certified service area except for:
(1) nonpayment of charges for services provided by the
certificate holder or a person who possesses facilities used to
provide utility service;
(2) nonpayment of charges for sewer service provided
by another retail public utility under an agreement between the
retail public utility and the certificate holder or a person who
possesses facilities used to provide utility service or under a
commission-ordered arrangement between the two service providers;
(3) nonuse; or
(4) other similar reasons in the usual course of
business.
(c) Any discontinuance, reduction, or impairment of
service, whether with or without approval of the commission, shall
be in conformity with and subject to conditions, restrictions, and
limitations that the commission prescribes.

FROM THE TEXAS ADMINISTRATIVE CODE TITLE30 CHAPTER 291 SUBCHAPTER E
RULE 291.88 – DISCONTINUANCE OF SERVICE

a) Disconnection with notice.
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.

Unfortunately, water utilities, water districts and water supply corporations sometimes violate these mandatory provisions. If you believe that your water service has been illegeally or improperly disconnected or terminated, you should immediately contact an experienced water lawyer who is familiar with the Texas laws and rules pertaining to water. Trey Wilson is an experienced water lawyer in San Antonio, with extensive experience represnting individuals, utilities, districts and municipalities in water-related litigation and regulatory matters. San Antonio Attorney Trey Wilson can be reached at www.texaswaterlaw.com or at 210/223-4100.