West Utility Notice Bill Also Bans Passing Shutoff Fees To Tenants

The text as introduced · 371 words

90R2395 SCR-F

By: West
S.B. No. 224

A BILL TO BE ENTITLED

AN ACT

relating to the requirements for notice of utility disconnection to

tenants of a submetered multifamily property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 92, Property Code, is

amended by adding Section 92.303 to read as follows:

Sec. 92.303. NOTICE OF UTILITY DISCONNECTION TO TENANT OF

SUBMETERED MULTIFAMILY PROPERTY; PROHIBITED FEES. (a) This

section applies to any utility service a landlord expressly or

impliedly agrees in a lease or other agreement to furnish to a

tenant's dwelling.

(b) Except as provided by Subsection (e), a landlord who is

responsible for bills received for utility service provided to a

submetered multifamily property shall provide written notice of a

service disconnection to each tenant of the property not later than

the fifth day after the date the landlord receives a notice of

service disconnection from a utility provider due to the landlord's

nonpayment of the utility bill.

(c) A landlord shall provide notice under this section by

mail to the tenant's preferred mailing address or hand deliver the

notice to the tenant.

(d) The notice provided under this section must include:

(1) a copy of the notice of service disconnection

received by the landlord;

(2) the landlord's contact information;

(3) the tenant's remedies under Section 92.301; and

(4) the following text in both English and Spanish:

"Notice to residents of (name and address of submetered multifamily

property): (Utility) service to this property is scheduled for

disconnection on (date) because of the landlord's nonpayment of the

utility bill."

(e) A landlord described by Subsection (b):

(1) is not required to provide notice to tenants if the

landlord avoids the disconnection by paying the utility bill; and

(2) may not require a tenant to pay an amount for:

(A) disconnection or reconnection of the utility

service; or

(B) a fee or charge incurred by the landlord for

late payment of a utility bill.

SECTION 2. The change in law made by this Act applies only

to a notice of service disconnection received by a landlord on or

after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2027.