Adjustment of bill as result of defect in customer's line.
Houston Code of Ordinances § 47-74
in effectSec. 47-74. - Adjustment of bill as result of defect in customer's line.
(a) Any residential, commercial, multifamily or outdoor customer of the city may request an adjustment of any water bill showing excess usage due to a loss of water through an excusable defect in the customer's water line for a period not to exceed three consecutive months. To apply for the adjustment the customer must file a sworn written application or an application that conforms to minimum state law requirements for unsworn declarations with the director within six months of the repair of the excusable defect. There are no limit to the number of times customers may apply for and receive adjustments under this section. The director shall promulgate all necessary adjustment application forms. The adjustment application shall contain the following information and any other information as the director may require:
(1) The name of the applicant, the address or description of the property or premises furnished water, the bills which are sought to be adjusted, the date of the bill and the period of water usage covered thereby.
(2) A statement of the date on which the excusable defect in the applicant's water line was discovered and the date on which it was repaired; and a statement that water was lost through the city water meter serving such property and that such water was not used in any manner by anyone.
(3) A written acknowledgment that the applicant makes the statements shown on the application and swears to their veracity for the purpose of inducing the city to grant a reduction in the amount of the water bill for which an adjustment is requested.
(4) An indication of any additional water consuming devices placed in use on the applicant's premises during the period covered by such bill.
(5) Documentation shall be submitted detailing the exact nature and date of repairs to the applicant's water line.
(6) A statement that the applicant is personally familiar with all the matters of facts stated in the application and sworn to therein, that they are made on his personal knowledge and that they are each true and correct.
(7) A statement executed by the applicant setting forth an understanding that the application is a government record subject to criminal prosecution for false statements under chapter 37 of the Texas Penal Code and the applicant's certification that the application contains no false statements.
(b) Upon receipt of a properly completed application, the director shall review the application for completeness and to determine if the applicant has been a customer for a sufficient length of time to make an adjustment determination. If the applicant has not been a customer for a sufficient length of time needed to determine normal consumption as determined by the director, then the department shall defer the adjustment for a sufficient period of time needed to calculate the customer's average water usage. If the applicant qualifies for an adjustment, by meeting the requirements set out in subsection 47-74(a) of this Code, then the applicant's bill shall be adjusted as follows:
(1) For an excusable defect in a customer's line that is not a city-caused leak, if the customer repairs the leak within 30 days of receipt of a bill that first reflects the leak, the customer shall be billed only at their established rate for customers in the applicant's rate classification applied to the average usage and this is the only amount that will be charged. There will be no additional charge for excess usage.
Provided, however, for multifamily residential customers that have established umbrella accounts, average usage and excess usage under this section shall be determined with reference to each customer meter rather than the entire account as billed by the department.
(2) For an excusable defect in a customer's line that is not a city-caused leak that is repaired between 30 and 60 days of receipt of a bill that first reflects the leak, a rate of charge equal to one-fourth of the established rate of such water usage by a customer in the applicant's classification shall be applied to the excess usage to determine the amount the applicant must pay for excess usage.
The established rate for customers in the applicant's rate classification will be applied to the average usage and this amount will be added to the amount due for the excess usage and the total of those two amounts will be the amount that the applicant must pay for water usage during the period covered by the adjusted bill.
Provided, however, for multifamily residential customers that have established umbrella accounts, average usage and excess usage under this section shall be determined with reference to each customer meter rather than the entire account as billed by the department.
(3) For an excusable defect in a customer's line that is not a city-caused leak that is repaired after 60 days of receipt of a bill that first reflects the leak, a rate of charge equal to one-half of the established rate of such water usage by a customer in the applicant's classification shall be applied to the excess usage to determine the amount the applicant must pay for excess usage.
The established rate for customers in the applicant's rate classification will be applied to the average usage and this amount will be added to the amount due for the excess usage and the total of those two amounts will be the amount that the applicant must pay for water usage during the period covered by the adjusted bill.
Provided, however, for multifamily residential customers that have established umbrella accounts, average usage and excess usage under this section shall be determined with reference to each customer meter rather than the entire account as billed by the department.
(4) For leak adjustments calculated under subsection (b)(2) or subsection (b)(3) there will not be any associated sanitary charges as calculated under Section 47, Article III related to the one-fourth or one-half excess usage charge.
(5) For an excusable defect in a customer's line that is documented and verified by the city as a city-caused leak, a rate of charge equal to the established rate of such water usage by a customer in the applicant's classification shall be applied to the applicant's average water usage derived in the leak calculation, which determines the customer's normal usage and excludes charges for the customer's excess usage to determine the amount the applicant must pay for water usage during the period specified in the customer's application.
(c) If the applicant has already paid the bill for which an adjustment is authorized under this section and the adjustment is no more than six times the applicant's average bill, the department shall credit the applicant's account the amount of the adjustment to be applied to the charges thereafter accruing. However, if the adjustment is more than six times the customer's average bill and the customer requests a refund, or the applicant can show extreme economic hardship to the director, the department shall refund the amount of the adjustment as specified in section 47-74.1 of this Code. The director shall determine whether extreme economic hardship exists.
If an applicant discontinues water service before subsequent charges have depleted the credit, the department shall refund to the applicant at the time of discontinuance the remaining credit balance minus any overdue debt the applicant owes the city.
(d) Except as provided by section 47-75.2 of this Code, a determination by the director of the amount of an adjustment to be made in an applicant's water bill in accordance with the provisions of this section shall be final.
(Code 1968, § 49-65; Ord. No. 83-19, § 11, 1-11-83; Ord. No. 87-1326, § 13, 8-5-87; Ord. No. 88-128, § 1, 1-27-88; Ord. No. 90-635, §§ 153, 161, 5-23-90; Ord. No. 93-314, § 8, 3-24-93; Ord. No. 93-514, § 120, 5-5-93; Ord. No. 97-497, §§ 1, 2, 5-7-97; Ord. No. 06-502, § 3, 5-17-06; Ord. No. 07-599, §§ 33, 34, 5-16-07; Ord. No. 2013-320, §§ 8, 9, 4-1-2013, eff. 6-1-2013; Ord. No. 2018-11, § 49, 1-10-2018; Ord. No. 2021-583, § 5, 6-30-2021; Ord. No. 2023-1127, § 3, 12-13-2023)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH47WASE_ARTIICIWASECH_DIV1GE_S47-74ADBIREDECULIFetched: 10/26/2026