GENERALLY

Houston Code of Ordinances ch. 47, art. II, div. 1

in effect

Houston Code of Ordinances § 47-61 Charges for treated water service generally.

Sec. 47-61. - Charges for treated water service generally. (a) Generally. Except as otherwise specifically provided for in this chapter and as further defined below, the charge for treated water service furnished by the city in any given month to any given customer shall include all water that passes through the customer's meter and shall be the monthly water charge applicable to such customer, plus any applicable miscellaneous charges accruing in accordance with this chapter or the appendices of this Code, provided, however, single-family residential customers may be charged the conservation rate as defined in subsection (b) of this section. Single-family residential customers using more than 3,000 gallons in a month will be charged at the incremental rate for all their water usage and are not eligible for the conservation rate in that month. Additionally, compliance with all applicable laws is a condition of continued utility service. (b) Definitions. As used in articles I and II of this chapter, the following terms shall have the meanings set out below, unless the context clearly indicates that another meaning is intended: Additional quantity means the customer's monthly water usage over a gross quantity with a defined charge. The charge for additional quantity shall be computed for each month using the applicable incremental rate. Applicable laws means, but is not limited to limitations, restrictions, conditions, standards, prohibitions and requirements established in this Code, and any law, statute, ordinance, rule, regulation, order or determination of any government authority with jurisdiction, such as, for example, the Texas Commission on Environmental Quality. Applicable laws include, without limitation, all applicable provisions of the Texas Water Code, zoning ordinances, building codes, flood rules and regulations, health laws and regulations and environmental laws. Average usage means the customer's average monthly water usage as determined by the utility official on the basis of historical usage and other relevant factors. Basic service means fire protection, metering, administrative, billing, and other services related to water service that the customer receives and pays for regardless of the customer's consumption or lack of consumption of treated water furnished by the city. Fire protection included in basic service does not include metered or unmetered fire lines. City-caused leak means a defect in the customer's line caused by a city employee or city contractor during and within the scope of their authorized work on city projects which led directly to a loss of water that registered as consumption on the customer's water meter. Commercial fire line service means service to a water supply system that has been installed for the sole purpose of fire protection and does not register any usage except as needed for fire protection or standard maintenance and testing as required by NFPA 25 Standards. Conservation rate means the reduced volume rate charged to single-family residential users for water usage of 3,000 gallons or less in a month. Contract treated water customer means a customer who has contracted with the city to receive treated water under subsection 47-61(f) below. Customer means any person who has applied for or contracted with the city for water service, the owner of a property with a meter connected for water service, or any person who resides at the address where the city provides the water service at the time the monthly charges are incurred. A customer may have more than one meter and more than one property with water service. Defined charge means the monthly charge for basic service. Disabled veteran means a veteran of the armed forces entitled to receive compensation for service connected disability under the laws of the United States. Emergency means a mechanical, electrical, or systemic failure of the waterworks system of an EBS customer, such that the failure significantly affects the EBS customer's ability to supply water to its own water customers. An emergency shall not mean a water shortage or a greater than expected water use by the EBS customer's own water customers, nor shall it mean a circumstance or condition caused by ordinary wear and tear of the EBS customer's facilities. Emergency backup service customer or EBS customer means any customer who (i) would otherwise be a resale customer or contract treated water customer, (ii) has submitted an application for emergency backup service approved by the utility official, (iii) has installed and conveyed an EBS system to the city in accordance with this Code; and (iv) has not had the EBS terminated by the utility official. Excess usage means and refers to the difference between the total water consumption shown on the customer's bill and the customer's average usage. Excusable defect means a rupture or leakage of the customer's water lines caused by city personnel, a city contractor, freezing weather, settlement, corrosion, or accidental occurrence not caused by customer negligence or disregard of waterline or fixture maintenance. The term does not apply to any defective or out-of-repair plumbing fixtures that are exchangeable devices or components attached to the plumbing system to deliver and drain water. Exempt senior customer means any customer who (i) is at least 60 years old; (ii) is a residential customer occupying the entire premises for which exempt senior customer status is requested; (iii) has filed with the department a request for exempt senior customer status; and (iv) provides all necessary information as requested by the utility official. Gross quantity means the total quantity of water actually delivered to a customer's meter during a month. Incremental rate means the rate charged to a customer for monthly water usage that is not included in a defined charge. Industrial customer or commercial customer means any non-residential customer with retail water service that the utility official determines is not a transient customer, EBS customer, or an outdoor customer. Month means the billing period for each customer and consists of approximately 30 days. A billing period begins on the date that a customer's measuring equipment is read (or the date as of which the customer's gross quantity is estimated) and ends when the next such reading (or estimation) occurs. There shall be 12 such readings (or estimations) per customer per calendar year, and the date of the most recent reading (or estimation) is usually shown on each water bill. Monthly water charge means charges to a customer in a given month for water services that include defined charges and charges for additional quantities. Monthly water usage means services a customer receives including the total gross quantity in increments of 1,000 gallons of treated water attributable to a customer's meter for a given month. Monthly water usage includes basic service and all gross quantity not previously included in the customer's monthly water charge. Multifamily residential customer means a residential customer whose meter is connected to, or serves exclusively, a residential establishment with more than one unit. Non-residential customer means a retail customer who (i) has a meter that does not serve a residential establishment and (ii) is not a contract water customer. Outdoor customer means a customer whose meter is connected to and serves only one of the following: (1) A device or system for irrigation or distributing water to any area not enclosed within a permanent roofed structure; or (2) One or more spigots, hydrants or outlets for water wholly located outside of a permanent, roofed structure. No connection or water flow to a city or private sewer is permitted for outdoor customers. If a connection or flow into the sewer is found, the customer's account shall be changed to include water and sewer charges and the department shall bill the customer for all wastewater usage, including any arrearage. Per-unit gross quantity means the gross quantity for a multifamily residential customer divided by the number of units in the residential establishment of that customer. In the event a person owning a multifamily residential establishment served by more than one meter has established an umbrella account, the gross quantity shall be the total amount of water as measured by all meters serving the establishment during the billing period. Otherwise, a person owning a multifamily residential establishment served by more than one meter shall be considered a separate customer for each meter for the purpose of determining the per-unit gross quantity. If a multifamily residential customer that has not established an umbrella account maintains a water distribution system in which a unit is served by more than one meter, such unit shall be prorated between or among such meters for the purpose of determining the per-unit gross quantity in accordance with the following formula: Per unit gross quantity per meter = W U Where: W = is the total water delivered through such meter during a bill period. U = is the sum of the units served by the meter, except where a unit is served by x meters such unit shall be counted only as 1/x unit. In no event shall the sum of units used for the calculation of the "per-unit gross quantities" exceed the actual number of units located at the multifamily residential establishment. Person means any legally competent individual, business entity, governmental entity, or any combination of individuals or entities legally bound together. Person with disability has the meaning ascribed in section 36-62 of this Code. Resale customer means any customer (other than a contract treated water customer, an EBS customer or a transient meter customer) owning or operating for compensation equipment or facilities for transmitting, storing, distributing, selling or furnishing potable water to the public or for resale to the public for any use; provided that the term shall not include any customer that furnishes water only to itself, its employees or tenants as an incident of such employee service or tenants when such water is not resold to or used by others. Residential customer means any customer whose meter exclusively serves a residential establishment. Residential customers do not include commercial customers, contract treated water customers, EBS customers, industrial customers, outdoor customers, resale customers, or transient customers. Residential establishment means any structure or group of structures within which at least 75 percent of the floor space (excluding corridors) is occupied or intended for occupancy as living quarters. Residential establishment does not include hotels, motels, inns, lodging houses or any similar establishment in which lodging is furnished for consideration and in which permanent residents occupy less than 80 percent of the accommodations. Residential establishment does not include group quarters. Group quarters are living arrangements for other than ordinary household life, such as dormitories, military barracks, hospitals, assisted care facilities and prisons. Single-family residential customer means a residential customer whose meter is connected to, or serves exclusively, a residential establishment with one unit. TCEQ public health service fee means the fee per connection for public water systems pursuant to 30 Texas Administrative Code (TAC) § 290.51(a)(3)—(6). The fee is included in each customer's bill for treated water connections and pays for services provided by the Texas Commission on Environmental Quality, including: scheduling of analysis of drinking water for chemical content; collection of samples of drinking water for chemical analyses; review of system data for evaluation of sampling waivers; inspection of public water systems; review of plans for new systems and major improvements to existing systems; and, provision of technical assistance as needed. Transient meter customer means a non-residential customer that has obtained a transient meter from the department for purposes approved by and in accordance with procedures adopted by the utility official. Umbrella account means a customer account established under section 47-71 of this Code. Unit means a house, an apartment, a town house, a manufactured home, a group of rooms, or a single room occupied or intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants do not live and eat with any other persons in the structure and which quarters have either: (1) Direct access from the outside of the structure or through a common hall: or (2) Complete kitchen facilities for the exclusive use of the occupants. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or nonrelated persons who share living arrangements. (c) Residential water service. Each residential customer shall incur monthly charges for water for each meter serving the customer's premises. Multifamily residential customer meters under umbrella accounts may be exempt from certain basic service charges (1) Single-family residential customers. Each single-family residential customer's monthly water charge shall be calculated using the total of the applicable defined charge, the charge for additional quantities, and the TCEQ public health service fee set forth below: a. Defined charge. The customer's defined charge shall be calculated using the chart set forth for this provision in the city fee schedule, referencing the customer's monthly water usage and meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable incremental rates set forth for this provision in the city fee schedule. c. TCEQ public health service fee. (2) Multifamily residential customers. Each multifamily residential customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities as set forth below. a. Defined charge. The customer's defined charge shall be calculated using the chart set forth for this provision in the city fee schedule, referencing the customer's meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the incremental rate set forth for this provision in the city fee schedule. c. TCEQ public health service fee. (d) Non-residential water service. Non-residential customers shall incur monthly water charges for each meter based upon the customer's meter size, measured by diameter in inches, the charge for additional quantities, plus the TCEQ public health service fee, if applicable, in accordance with the applicable rates set out in the city fee schedule. (1) Resale customers. Each resale customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities, and the TCEQ public health service fee, if applicable, as set forth below. a. Defined charge. The customer's defined charge shall be calculated using the chart set forth for this provision in the city fee schedule, referencing the customer's meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable rates set forth for this provision in the city fee schedule. c. TCEQ public health service fee for treated water connections only. (2) Outdoor customers. Each outdoor customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities, and the TCEQ public health service fee, if applicable, as set forth below: a. Defined charge. The customer's defined charge shall be calculated using the charts set forth for this provision in the city fee schedule, referencing the customer's monthly water usage and meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable rates set forth for this provision in the city fee schedule. c. TCEQ public health service fee for treated water connections only. (3) Commercial and industrial customers. With the exception of a customer with a metered fire connection, which shall be billed as provided in section 47-64(a) of this Code, each commercial customer's monthly water charge and each industrial customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities, and the TCEQ public health service fee, if applicable, as set forth below: a. Defined charge. The customer's defined charge shall be calculated using the charts set forth for this provision in the city fee schedule, referencing the customer's monthly water usage and meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable rates set forth for this provision in the city fee schedule. c. TCEQ public health service fee for treated water connections only. (4) Emergency backup service customer. Each EBS customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities, and the TCEQ public health service fee, if applicable, as set forth below: a. Defined charge. The customer's defined charge shall be calculated using the charts set forth for this provision in the city fee schedule, referencing the customer's monthly water usage and meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable rates set forth for this provision in the city fee schedule. c. TCEQ public health service fee for treated water connections only. (5) Reserved. (6) Transient meter customers. Each transient meter customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities, and the TCEQ public health service fee, if applicable, as set forth below: a. Defined charge. The customer's defined charge shall be calculated using the charts set forth for this provision in the city fee schedule, referencing the customer's monthly water usage and meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable rates set forth for this provision in the city fee schedule. c. TCEQ public health service fee for treated water connections only. (e) Emergency backup service (EBS) customer. (1) Eligibility and applications. Any person desiring to become an EBS customer must apply to the director. Each EBS application must: a. Be made in a form prescribed by the director; and b. Include engineering drawings and detailed specifications of the applicant's proposed installation of EBS equipment. (2) Action upon applications. The director shall examine each EBS application. An application shall be approved if the director determines that: a. The applicant can qualify as an EBS customer; b. The requested EBS service is practical and sound from an engineering point of view; c. The proposed installation of EBS equipment meets city standards; and d. The application otherwise complies with this Code. The director shall allow an applicant to modify its application or its proposed installation of EBS equipment so as to meet any requirements for approval. (3) EBS equipment. a. All installations of EBS equipment shall include measuring equipment, valves, backflow prevention devices, a locking mechanism, a proper vault and such other items as are necessary in the judgment of the director. All such installations shall conform to city standards as to location, materials and workmanship. b. When the director has approved an application, the applicant shall furnish, deliver and install the EBS equipment at its own expense in strict compliance with this Code and the plans and specifications approved by the director. The applicant shall provide reasonable opportunities for the director to inspect the work as it progresses and shall so notify the director at appropriate times. When the completed installation has been inspected and approved by the director, the applicant shall: 1. Convey to the city the complete installation (excluding back flow prevention devices) free and clear of liens and encumbrances by written documents approved by the director. 2. Deliver all keys to the locking mechanism to the director. To the extent an existing, city-owned installation is to be used for the applicant's EBS installation, the foregoing provisions may be modified by the director. (4) Monthly billing and charges. Each EBS customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities as set forth below: a. Defined charge. The customer's defined charge shall be calculated using the charts set forth for this provision in the city fee schedule, referencing the customer's monthly water usage and meter size, measured by diameter in inches. b. Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable rates set forth for this provision in the city fee schedule. c. Rates and charges. Rates and charges for each EBS customer begin to accrue on the day its installation is conveyed to the city. (5) Opening and closing connections. In the event of an emergency, the EBS customer may notify the director of the emergency and request that the EBS connection be unlocked and opened. If the director determines that an emergency exists, the city shall unlock and open the EBS connection. Under no circumstances shall the EBS customer unlock or open the connection or otherwise operate or tamper with the installation. When the emergency has ceased or is deemed to have ceased, the city shall close and lock the EBS connection. The emergency shall be deemed to have ceased when the EBS customer so notifies the director or when 30 days have elapsed after the date of EBS customer notified the director of the emergency, whichever first occurs. If the director determines that an extension of time will not cause undue hardship to the other customers of the city, the director may extend the time the EBS connection is open upon written request of the EBS customer and a showing by that customer that an emergency still exists and that all practicable steps are being taken to correct the circumstances causing the emergency. However, if at any time the director determines that an emergency has actually ceased and consults with the EBS customer, the director may close and lock the connection. (6) Termination of service. Service to an EBS customer shall be terminated, after reasonable notice to the customer and an opportunity to be heard, if the customer fails to pay any rates or charges within the time allowed or if the customer fails to comply with the other terms of service applicable to such customer. Upon such termination, the connection shall be permanently closed, locked and disconnected, and the rates and charges shall cease accruing. (f) Contract treated water service. (1) Eligibility and applications. Applications for contract treated water service shall be made on forms prescribed by the director. Each application shall include the nonrefundable processing fee stated for this provision in the city fee schedule. Any customer or potential customer is eligible for contract treated water service under this subsection if: a. The customer is a municipality or conservation and reclamation district organized under article XVI, section 59 of the Texas Constitution that proposes to resell water purchased from the city; b. The customer would otherwise be a commercial customer and has minimum water consumption equal to at least 150,000,000 gallons per month; c. The customer is a private utility company holding a certificate of convenience and necessity from the state that (i) resells water to single family or multi-family dwellings only and (ii) maintains a water distribution system in public rights-of-way or public easements; or d. The customer would otherwise be a commercial customer and is in compliance with a conservation plan pursuant to chapters 288 and 295 of title 30 Texas Administrative Code to reduce its minimum water consumption from 150,000,000 or more gallons per month while continuing to provide the same or higher levels of production or services. (2) Contract requirements. Upon receipt of a completed application, the department shall determine water availability and, if sufficient water is available for the customer, shall secure a written agreement from the applicant, which shall include: a. The term of the agreement; b. The minimum monthly quantity of water to be taken by the customer. This minimum for customers other than those described under items (1)a, (1)c and (1)d of this subsection shall be 150,000,000 gallons per month. Customers defined under items (1)a, (1)c and (1)d of this subsection shall be permitted to change the minimum monthly quantity only in accordance with the terms of their contracts; c. The designation of the point or points of delivery; d. Rates as described in subsection (f)(3) of this section; and e. Any special requirements regarding metering or facilities desired by the parties. No agreement for contract treated water service shall be valid unless approved by the city council. (3) Rates and charges. Treated water supply contract customers shall incur monthly water charges for each meter including a defined charge based on the customer's meter size, measured by diameter in inches, and the volume charge for metered water usage. The contract rate for all water supplied under an untreated water supply contract is as stated in the city fee schedule for the volume of water, including minimum monthly amount and amounts in excess of the minimum monthly amount, as specified in the contract for each customer type as set out below, for treated water supply with airgap or treated water supply without airgap. For contract treated water customers, the monthly charge shall equal: P × R plus (P-M) × F Where: P = The total water delivery to such customer during the month expressed in units of 1,000 gallons, except if the minimum monthly amount of water specified in the customer's contract is greater than P, P shall equal M; M = The minimum monthly amount of water specified in the customer's contract expressed in units of 1,000 gallons; and R = The applicable rate stated for this provision in the city fee schedule contract treated water service with or without airgap. An airgap shall be required of every customer unless the director determines that this requirement be waived because of prior conditions, excessive pressure, or health and safety concerns. F = The contract treated water service monthly charge factor stated for this provision in the city fee schedule. A contract treated water service charge premium per thousand gallons shall apply to amounts taken in excess of the minimum monthly amount. In the event a billing period is longer or shorter than 30 days, a daily charge shall be determined using the formula specified above, but with P defined as average daily amount of water delivered during the billing period and M defined as the monthly minimum divided by 30. Such daily charge shall then be multiplied by the number of days in the billing period. (g) Paperless billing rebate. The director is authorized to offer customers a paperless billing rebate for switching from paper billing to paperless billing. The initial rebate is set at $0.50, the director may adjust the rate once per year based on changes in costs. (Code 1968, § 49-52; Ord. No. 69-291, § 1, 2-17-69; Ord. No. 71-598, § 1, 3-24-71; Ord. No. 72-622, § 1, 4-18-72; Ord. No. 74-220, § 1, 2-6-74; Ord. No. 75-22, § 1, 1-7-75; Ord. No. 76-1847, § 1, 10-20-76; Ord. No. 77-154, § 1, 1-25-77; Ord. No. 78-631, § 3, 3-29-78; Ord. No. 79-2336, § 1, 12-26-79; Ord. No. 83-19, § 5, 1-11-83; Ord. No. 86-1663, §§ 1—3, 9-17-86; Ord. No. 87-1326, §§ 1—3, 8-5-87; Ord. No. 88-1194, §§ 1, 2, 7-6-88; Ord. No. 89-1048, § 2, 7-5-89; Ord. No. 90-15, §§ 1—3, 1-10-90; Ord. No. 90-635, § 153, 5-23-90; Ord. No. 90-861, §§ 1—9, 7-11-90; Ord. No. 92-113, §§ 1, 2, 2-5-92; Ord. No. 93-314, §§ 1—4, 3-24-93; Ord. No. 94-1268, § 4, 11-22-94; Ord. No. 02-926, §§ 4, 5, 10-2-02; Ord. No. 03-332, §§ 3, 4, 4-2-03; Ord. No. 04-297, §§ 2, 3, 4-21-04; Ord. No. 04-299, § 5.2, 4-21-04; Ord. No. 04-297, eff. 4-1-07; Ord. No. 07-599, §§ 19, 20, 5-16-07; Ord. No. 07-466, § 1, 4-11-07; Ord. No. 08-630, §§ 2, 6, 7-9-08, eff. 9-1-08; Ord. No. 09-206, §§ 2, 3, 3-11-09, eff. 4-1-09; Ord. No. 09-1145, §§ 2, 3, 12-2-09; Ord. No. 09-1238, § 1, 12-9-09, eff. 1-1-10; Ord. No. 2010-305, § 2, 4-21-2010, eff. 6-1-2010; Ord. No. 2010-305, § 9, 4-21-2010, eff. 1-1-2011; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2021-515, § 3(Exh. B), 6-23-2021, eff. 7-1-2021; Ord. No. 2021-583, §§ 2, 3, 6-30-2021; Ord. No. 2023-1127, § 7, 12-13-2023)

Houston Code of Ordinances § 47-62 Groundwater reduction plan agreements.

Sec. 47-62 - Groundwater reduction plan agreements. (a) The Harris-Galveston Subsidence District ("subsidence district") has established requirements for the reduction of groundwater production in Harris and Galveston counties. Groundwater producers within the subsidence district are required to formulate ground water reduction plans ("GRP") to reduce their production of groundwater as provided in their GRP in order to abate land subsidence. According to the district regulatory plan, two or more groundwater producers may enter into agreements to share costs and cooperate to reduce groundwater production and jointly produce a GRP to attain the percentage reduction of groundwater production required by the subsidence district ("GRP agreement"). The city has acquired sufficient surface water rights and constructed facilities for the treatment and transmission of surface water to become the manager of a GRP for itself and other groundwater producers ("GRP participants") such that they jointly comply with the subsidence district's regulatory plan. (b) The monthly charge for GRP participants not purchasing water from the city is: R × P × Q, where R is the base rate for contract treated water customers receiving water through an airgap. P is the percentage reduction for groundwater production required for the GRP participant under the subsidence district regulatory plan, or the percentage required under the GRP agreement, whichever percentage is the greater. Q is the quantity of groundwater produced by the GRP participant during the month. (c) GRP participants purchasing treated water from the city are subject to the minimum purchase requirements of their contracts in accordance with their location in Regulatory Areas 1 and 2, or Regulatory Area 3, all defined in the subsidence district regulations, as set forth in the city fee schedule. Standard contract treated water rates, rate classifications, and premiums apply to GRP participants that purchase treated water from the city. (d) The city council has approved standard contract forms for wholesale and retail GRP agreements for groundwater producers in area three of the subsidence district. All other GRP agreements are subject to individual approval by the city council. (e) Each application for a GRP agreement shall include the nonrefundable processing fee stated for this provision in the city fee schedule. (f) The department shall provide application forms for GRP agreements and administer the GRP program on behalf of the city. Prior to transmittal of the GRP agreement to the mayor for signature, the department shall review the application to ensure that the GRP agreement is consistent with both the city's GRP and with the department's projection for future surface water availability and surface water demand. Money collected under the GRP agreements shall be considered gross revenue of the water and sewer utility system. (Ord. No. 08-630, §§ 1, 6, 7-9-08, eff. 9-1-08; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2021-515, § 3(Exh. B), 6-23-2021, eff. 7-1-2021)

Houston Code of Ordinances § 47-63 Minimum monthly charges generally.

Sec. 47-63. - Minimum monthly charges generally. (a) Wherever meters are connected to the city's water distribution system, the minimum monthly charges called for in section 47-61 of this Code shall apply (except as otherwise specifically provided in this chapter), regardless of whether or not any water is actually used or consumed and regardless of whether or not the premises to which connection is made have water service from another source. Where more than one meter is used to serve the premises, the total charge for water service shall be computed as if each were connected to separate premises, except a multifamily residential customer that has established an umbrella account shall pay the minimum monthly charge based on the size of its largest meter only. (b) The department shall create a meter lock fee and place such a fee on the city fee schedule. (c) If a meter lock can be placed on the meter, a customer may request that the department place a lock on the meter. Once the department determines that a lock can be placed, the department will place a lock on the meter after the customer pays a one-time fee. Once the meter is locked, then the defined charge described in section 47-61 shall be suspended from their account until service is restored. (d) During the suspension of service through this section, if the department determines that the meter lock has been tampered with but the meter did not register water usage, then the one-time replacement fee will be re-assessed and there will be no other penalty. (e) During the suspension of service through this section, if the department determines that the meter lock has been tampered with and the meter registered water usage, a fine as described under Section 47.7 may be assessed and all defined charges will be reapplied and reassessed going back to the placement of the meter lock. All defined charges shall be assessed and the owner will be ineligible for a new meter lock. (f) When service is reactivated by the customer, if there has been no change to the service unit calculation of the property, then the customer can petition the director to have any impact fees associated with reactivating the account waived. This petition may be rejected if the director finds there has been a change in the service unit calculation to the property. (g) The minimum charges called for in section 47-61 of this Code shall be in addition to and not credited against the charges made for installation of the meter and making connections as provided elsewhere in this Code. (Code 1968, § 49-54; Ord. No. 76-1847, § 3, 10-20-76; Ord. No. 79-2336, § 1, 12-26-79; Ord. No. 93-314, § 7, 3-24-93; Ord. No. 2023-1127, § 8, 12-13-2023)

Houston Code of Ordinances § 47-64 Service charges for metered fire connection or unmetered connection for fire sprinkling systems and other fire suppression systems.

Sec. 47-64. - Service charges for metered fire connection or unmetered connection for fire sprinkling systems and other fire suppression systems. (a) Metered fire connection. Each metered fire connection customer's monthly water charge shall be the total of the defined charge and the charge for additional quantities using the rates for industrial customers without surcharge as stated in the city fee schedule, and the TCEQ public health service fee, if applicable, as set forth below: (1) Defined charge. The customer's defined charge shall be calculated using the charts set forth for this provision in the city fee schedule, referencing the customer's monthly water usage and meter size, measured by diameter in inches. (2) Charge for additional quantities. The customer's charge for additional quantities shall be calculated using customer's monthly water usage multiplied by the applicable rates set forth for this provision in the city fee schedule for industrial water use. (3) TCEQ public health service fee for treated water connections only. (b) Unmetered fire connection. Each person with an unmetered connection serving a fire sprinkler system under the provisions of subsection (b) of section 47-4 of this Code shall pay the monthly service charge stated for this provision in the city fee schedule for the corresponding size of the diameter of each unmetered sprinkler service line connected to the city's water main. The charge for a fire line with a city approved backflow prevention device with a bypass meter will be the same as for unmetered fire lines. (c) Billing and enforcement. Billing for charges made under this section shall be made on a monthly basis. Payment shall be due and made in accordance with the provisions of this Code, and payment of such charges shall be enforced by any and all means available to the city under other provisions of this Code, including termination of service. (d) Water supply for private fire suppression. The department may supply water for private fire suppression systems if in the opinion of the utility official the connection will not cause appreciable reduction in the pressure of the city's water system. The director shall determine all conditions necessary for connecting such private fire protection to the city's water system to ensure the safety of the public water system. The cost for a city employee to participate in or witness any test of a fire suppression system as required by this Code or any other ordinance of the city is stated for this provision in the city fee schedule. (Code 1968, § 49-55; Ord. No. 83-19, § 7, 1-11-83; Ord. No. 86-1663, § 5, 9-17-86; Ord. No. 88-1194, § 3, 7-6-88; Ord. No. 89-1048, § 3, 7-5-89; Ord. No. 90-861, § 10, 7-11-90; Ord. No. 92-113, § 3, 2-5-92; Ord. No. 02-926, § 6, 10-2-02; Ord. No. 03-332, § 5, 4-2-03; Ord. No. 04-297, eff. 4-1-07; Ord. No. 04-299, § 5.2, 4-21-04; Ord. No. 07-599, § 21, 5-16-07; Ord. No. 09-206, § 3, 3-11-09, eff. 4-1-09; Ord. No. 2010-305, § 3, 4-21-2010, eff. 6-1-2010; Ord. No. 2011-1086, § 2, 12-7-2011; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2021-515, § 3(Exh. B), 6-23-2021, eff. 7-1-2021)

Houston Code of Ordinances § 47-65 Billing errors—In general.

Sec. 47-65. - Billing errors—In general. Subject to the provisions of this article, the department shall charge for all water that passes through the water meter. If the department commits a billing error, it shall correct the customer's bill as soon as it discovers the incorrect billing. If the incorrect billing is an overcharge that is more than six times the customer's average bill, the department shall refund the overcharge to the customer at the request of the customer. Provided, however, if the customer can show extreme economic hardship to the utility official, the department shall refund the overcharge to the customer notwithstanding the amount of the overcharge. The utility official shall determine whether extreme economic hardship exists. In cases where the overcharge is not refunded, the department shall credit the customer's account the amount of the overcharge to be applied to the charges thereafter accruing. Subject to the provisions of this article, for non-residential customers, contract treated water customers, or contract untreated water customers, the department may not correct any billing error that occurred more than two years prior to the date the department learns of the error. For residential customers, if the correction results in a credit for the customer, the department shall correct the error that occurred up to two years prior to the date the department learns of the error. If the correction results in the residential customer owing the department money, the department shall correct the error that occurred up to three months prior to the date the department learns of the error. However, in the case of fraud or theft of city water or sewer service, the city reserves the right to recover the amount owed by the customer back to the date of the fraud or theft. (Code 1968, § 49-56; Ord. No. 06-502, § 1, 5-17-06; Ord. No. 2023-1127, § 2, 12-13-2023)

Houston Code of Ordinances § 47-66 Reserved.

Houston Code of Ordinances § 47-67 Charge for change of customer at same address.

Sec. 47-67. - Charge for change of customer at same address. Each time that a request for change of customer, for water service to an address or property is made, the fee stated for this provision in the city fee schedule shall be charged, and shall be added to the first bill sent to the new customer for water service. (Code 1968, § 49-58; Ord. No. 83-19, § 8, 1-11-83; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 47-68 Deposit to assure payment.

Sec. 47-68. - Deposit to assure payment. (a) Every person requesting water service from the city shall furnish the information required by the utility official, including information necessary to investigate the credit stability of the applicant. The utility official may require that an applicant provide the name and address of the owner of the service address, and the full legal description of the service address. (1) A customer who uses service without making application shall pay for all water used from the date of the last meter reading previous to that customer's use of service. If the customer fails to make an application or to provide information that the department requests, the department may disconnect the premises without further notice. (2) By making an application for water service, the applicant agrees to timely pay for all furnished services. (3) The department may review multi-family, light commercial, commercial, and industrial customer accounts at any time to determine financial stability. (b) The city may disconnect service for failure to make an application or provide information requested by the department. (c) If a deposit is required, water service will not be commenced until the applicant has made the required deposit with the city. (d) Each time a termination of service is made to a customer for failure to make timely payment of charges for water or sanitary sewer service, a recheck of the customer's credit stability will be made and a deposit will be required before water service is restored, if the utility official determines that it is necessary in order to protect the interests of the city. (e) Deposits will be retained by the city until a satisfactory credit rating has been established by the customer making the deposit, or termination of services requested, or application for services to the same property or address is made by a new applicant. (f) After a customer's water service has been discontinued at his request, and all water charges and fees have been fully satisfied, if he has a deposit with the department, he shall be entitled to have refunded to him the deposit or the remaining portion thereof after all charges due the city by the customer have been deducted from such deposit. (g) In order to collect past due payments, the utility official may transfer account balances from one account to another for customers with more than one account (including accounts for different properties), but the utility official must give written notice to the customer. (Code 1968, § 49-59; Ord. No. 89-24, § 4, 1-4-89; Ord. No. 90-635, §§ 153, 160, 5-23-90; Ord. No. 93-514, § 119, 5-5-93; Ord. No. 07-599, §§ 23, 24, 5-16-07)

Houston Code of Ordinances § 47-69 Potable water bills; charge for late payment.

Sec. 47-69. - Potable water bills; charge for late payment. (a) All potable water bills shall be payable in full based upon the rates and schedules provided in this division, on or before the due date stated on the customer's bill, unless the customer notifies the department in writing that he or she desires to challenge the correctness of the bill in an administrative hearing as described in section 47-70.1. If payment in full is not received by the department or an authorized agent by the due date and the customer has not requested an administrative hearing, the department shall bill such customer ten percent of the past due amount as a charge for late payment. Provided, that any bill attempted to be paid by a check or money order drawn on or issued by a financial institution which has had it funds frozen by involuntary, or voluntary action after the attempt to pay the bill in such manner, shall not be charged in late fee if the bill is paid within 30 days from the date the customer has been notified that payment on the check or money order has not been honored. The director shall prescribe the form for the customer's bills. (b) Notwithstanding the provisions of subsection (a), late charges shall not apply to governmental customers (unless provided by contract), exempt senior customers, persons with a disability or disabled veterans. As used in this subsection, the term "governmental customer" means the United States, the city, and the state including its agencies and political subdivisions. (Code 1968, § 49-60; Ord. No. 71-204, § 1, 1-27-71; Ord. No. 82-37, § 6, 1-12-82; Ord. No. 83-19, § 9, 1-11-83; Ord. No. 84-1279, § 1, 8-14-84; Ord. No. 87-1326, § 11, 8-5-87; Ord. No. 89-51, § 1, 1-11-89; Ord. No. 06-502, § 2, 5-17-06; Ord. No. 07-599, § 25, 5-16-07)

Houston Code of Ordinances § 47-70 Termination of service for failure to pay.

Sec. 47-70. - Termination of service for failure to pay. (a) If any customer fails to pay charges for water service furnished by the city when due, the department shall notify such customer about the delinquent bill, the amount the customer owes, and the right of the customer to an administrative review or hearing as provided by section 47-70.1 of this Code. The department shall give notice to single family residential customers concerning the availability of the W.A.T.E.R. Fund established pursuant to chapter 36 of this Code for assistance in paying water and sewer charges. Provided, an application for assistance from the W.A.T.E.R. Fund shall not delay or otherwise affect the responsibilities of the customer or the city under this chapter. (b) If a customer does not choose to challenge a charge for water service, then, at the end of the ten-day period following notice to the customer, the water shall be immediately turned off and not turned on again, except by authorized representatives of the department. (c) When the water supply to any property or premises of a customer has been disconnected or otherwise terminated by the department for failure of the customer to pay any water charges due and owing to the city, the water service to that customer at the affected property or premises shall not be resumed until and after all delinquent charges have been fully paid and satisfied, or satisfactory arrangements have been made with the director to pay such delinquent bills, and the delinquent customer has made any required deposit with the department. Whenever an umbrella account established under section 47-71 of this Code is delinquent, water service to each meter under that account may be terminated by the department in accordance with this subsection. (d) The department shall charge the customer the fee stated for this provision in the city fee schedule as the cost to restore water service after termination for nonpayment or, in case where there is a new tenant at the service address, the failure to make an application. (e) If the department has closed the water meter pursuant to the provisions of this chapter, and the customer, without the department's authorization, restores water service, the department shall charge the customer for water usage plus the reclosing fee stated for this provision in the city fee schedule for each occurrence, plus the following penalties: (1) No penalty for first occurrence; (2) $75.00 for second occurrence; and (3) $230.00 for third and subsequent occurrences. In the event the department requires a penalty, it must provide notice to the customer and allow the customer to contest the penalty at an administrative hearing as provided in section 47-70.1 of this Code. If the meter has been damaged in the attempt to unlawfully restore water services, the department shall charge the customer the actual cost to repair or replace the meter. If it is necessary for the department to place a locking device on the meter to prevent theft of water, the department shall charge the customer not only the cost to repair or replace the meter, but also the cost of the locking device. (f) The foregoing procedures shall also apply to sewer service charges. An informal administrative hearing as to the correctness of a charge for sewer service may be combined with a similar hearing on water charges for the same customer. (Code 1968, § 49-61; Ord. No. 83-19, § 10, 1-11-83; Ord. No. 84-1919, § 2, 12-18-84; Ord. No. 86-435, § 3, 4-1-86; Ord. No. 89-1493, §§ 1, 2, 10-18-89; Ord. No. 93-314, § 6, 3-24-93; Ord. No. 00-791, § 1, 9-6-00; Ord. No. 03-925, § 4, 10-8-03; Ord. No. 03-1196, § 2, 12-23-03; Ord. No. 04-460, § 3, 5-12-04; Ord. No. 07-599, § 26, 5-16-07; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 47-70.1 Disputing water bills; administrative review and hearing.

Sec. 47-70.1. - Disputing water bills; administrative review and hearing. (a) Customers have the right to request an administrative review and/or administrative hearing. The policies governing such review and hearing are prescribed by the utility official and will be available to any person upon request; provided, however, the field investigator for the city shall be authorized to conduct such inquiry or investigation as the investigator or reviewing official shall deem appropriate, including, but not limited to, personal inspection of the customer location and water connection. The reviewing official may also receive and consider information submitted by the customer, to include: Reports from plumbers, engineers, or other relevant sources; and relevant photographs and other tangible information, whether provided by the city or the customer. The customer has 90 days from the date of the first bill that is disputed to request an administrative review or hearing. (b) An administrative review is an investigation by the department of the customer's account and relevant facts in order to resolve the dispute. (c) A customer may request an administrative hearing within ten days of the date of the customer's notification of the administrative review outcome, to review disputes related to article I, division 1 of article II, and article III of this chapter. Before the customer may request the administrative hearing, the department must complete an administrative review of the disputed charges that are the subject of the administrative hearing. The hearing shall be set at a reasonable time and place and shall be held before a hearing officer independent of the operation of the city's water and sewer system, designated by the utility official, with the power to correct or adjust water bills in accordance with applicable laws; provided, however, the department shall not provide hearings for the following: (1) The terms or denial of a deferred pay agreement; (2) The amount, terms or denial of assistance from the W.A.T.E.R. Fund; (3) The customer's financial inability to pay for water services; (4) The rate schedule; (5) The amount of deposit; (6) The amount or application of late penalties; (7) Requests that are inconsistent with city ordinances; (8) The cost of administrative fees; (9) A matter where the complainant is not the customer for the account; or (10) A decision by the utility official under subsection 47-73(c) of this Code as to whether or not a payment plan should be extended. (d) The customer has the right to be represented by counsel or any other agent at said hearing and shall notify the city at least ten business days prior to the hearing of such representation. In the event the customer is represented by legal counsel, the city may likewise be represented by legal counsel. Failure of the customer to give advance notice of representation by legal counsel will result in the hearing being postponed unless the city fails to object to such lack of notice. In addition to the evidence presented by the customer and the department, the hearing officer may, at the hearing officer's discretion, request additional evidence from either party and may conduct such additional inquiry or investigation as the hearing officer deems appropriate. The hearing officer shall consider all credible evidence presented and shall, based on a preponderance of the evidence, render a written ruling upholding the decision of the department, modifying the decision of the department, or reversing the decision of the department in accordance with applicable laws. The hearing officer's written ruling shall specify the applicable provision of this Code and shall direct the actions to be taken by the department to implement the ruling. The department shall ensure that a record is made of the hearing. (e) Termination of service is suspended by a request for an administrative hearing unless the service was terminated prior to the customer's request for the hearing, the customer closes or transfers his account to a new address, the customer fails to pay charges not in dispute or the customer has prevented the city from obtaining meter readings within the last 60 days. (Ord. No. 84-1919, § 3, 12-18-84; Ord. No. 86-435, § 2, 4-1-86; Ord. No. 92-23, § 5, 1-15-92; Ord. No. 03-925, § 5, 10-8-03; Ord. No. 03-1196, § 2, 12-23-03; Ord. No. 07-599, § 28, 5-16-07; Ord. No. 2013-320, § 4, 4-10-2013, eff. 6-1-2013; Ord. No. 2021-583, § 4, 6-30-2021)

Houston Code of Ordinances § 47-70.2 Acceptance and disposition of donations to the W.A.T.E.R. Fund.

Sec. 47-70.2. - Acceptance and disposition of donations to the W.A.T.E.R. Fund. (a) The utility official is authorized to accept donations to the W.A.T.E.R. Fund, as established by section 36-61 of this Code, The utility official shall place such funds in the city's trust and agency account in trust for the W.A.T.E.R. Fund. The utility official shall include the following statement on all water and sanitary sewer bills: 'Check if $1 added as gift to W.A.T.E.R.' Whenever a customer's water or sanitary sewer payment shall exceed the amount then due by the exact sum of $1.00 and such customer has checked the box provided on the bill for contributions to the W.A.T.E.R. Fund, the utility official shall deem the excess a contribution in the amount of $1.00 to the W.A.T.E.R. Fund. (b) Upon the written approval of the utility official, the department shall apply W.A.T.E.R. funds as a credit to a customer's water and sanitary sewer bill in the same proportion, which the water and sanitary sewer charges bear to the customer's total bill. Such donated and transferred W.A.T.E.R. funds shall be under the general direction and control of the utility official for all purposes and shall under no circumstances be commingled with water, sanitary sewer or other public funds. (Ord. No. 07-599, § 28, 5-16-07)

Houston Code of Ordinances § 47-71 Meter reading not to be combined for billing purposes; exception for umbrella account.

Sec. 47-71. - Meter reading not to be combined for billing purposes; exception for umbrella account. (a) As used in this section, the following terms shall have the meanings set out below, unless the context clearly indicates another meaning is intended: Contiguous: An establishment is contiguous if all included buildings lie on a continuous tract of land, except for division by a street, alley, sidewalk, right-of-way, natural or man-made waterway, or preserved green area. Umbrella account shall mean a multifamily residential customer account established pursuant to this section. (b) Except as provided in this section for umbrella accounts, the meter readings of two or more water meters, even though serving a single building or establishment, shall not be combined for billing purposes, but separate billing shall be made for the water metered through each individual meter based on the sliding scale of charges provided by this division, with the charge computed the same as if there were only one meter serving such customer building or establishment. (c) A multifamily residential customer whose establishment is served by more than one meter may elect to establish an umbrella account under which all meter readings from its establishment are combined for billing purposes. In order to be eligible to establish an umbrella account the following criteria must be met: (1) The establishment must be contiguous, and all included buildings must be under the same ownership; and (2) The owner of the establishment must complete the application for the umbrella account and agree to the conditions required by this article. (d) The following types of meters may not be included in an umbrella account: (1) Submeters maintained by the customer; (2) Meters for which the city bills for water service only, such as outdoor customer meters; (3) Meters that measure wastewater discharge only; and (4) Meters that determine the usage for a single unit only of the establishment. (e) The utility official shall promulgate the application form for establishment of the umbrella account. The application shall include information regarding the address or addresses of the multifamily residential establishment, the nature of any factor that may determine whether the buildings or structures are contiguous, the name of the owner, the number of units in the establishment, the number of meters covered by the proposed account, and any other information deemed relevant by the utility official. The application must be signed by the owner or duly authorized agent thereof, and must be notarized. (f) The utility official shall grant the owner an umbrella account if the utility official is satisfied that all criteria of this section are met, and the owner or his agent has completed the application for an umbrella account. The umbrella account shall be effective for the next billing period after approval by the utility official. (g) The following events will terminate the umbrella account: (1) a transfer of ownership of the establishment in whole or in part; or (2) an election in writing by the owner of the establishment to terminate the umbrella account. Any such election to terminate shall not be effective until the end of the billing period during which the owner's notice is received by the department. An umbrella account that is delinquent may not be terminated by owner election. (Code 1968, § 49-62; Ord. No. 93-314, § 7, 3-24-93; Ord. No. 2013-320, §§ 4, 5, 4-10-2013, eff. 6-1-2013)

Houston Code of Ordinances § 47-72 Scaling or reduction of bill generally.

Sec. 47-72. - Scaling or reduction of bill generally. Any scaling or reduction of a water bill as shown by a meter is unlawful and is prohibited, unless such reduction is made in accordance with specific provisions of this division. Any officer or employee of the city scaling or reducing any meter bill, except in accordance with such provisions, shall be personally responsible for the reduction in the bill, and shall be dismissed from the city's service therefor. (Code 1968, § 49-63)

Houston Code of Ordinances § 47-73 Testing meters.

Sec. 47-73. - Testing meters. (a) In case any consumer of water questions the accuracy of a city water meter, he may obtain a test thereof upon written request therefor to the department. The customer may additionally request that he be permitted to be present at the removal and testing of the meter in person or by agent, and the customer may also invite an independent expert, at the customer's expense, to observe the removal and testing, provided the customer identifies in the written request the name of the expert and the expert's area of expertise. (b) Upon the receipt of a written request therefor, the city shall cause the meter to be thoroughly and accurately tested. If the party complaining of the meter has requested that he be present for the removal and testing of the meter, he shall be afforded the opportunity to be present and participate therein. (c) All meters must meet the accuracy test guidelines of the American Water Works Association. The department shall adjust customer bills for up to 24 months on the basis of results of tests performed by the department. If the meter or register is defective, the department shall repair or replace it. If a meter is damaged so that it cannot be tested, the customer's account may be adjusted for up to 24 months based on the average usage. Any adjustment in the bill to the city's advantage associated with a water meter shall be payable by the customer prorated over future billings equal to the number of past billings for which the adjustment was accrued; provided, however, in an instance where the utility official finds that such a payment plan would constitute extreme economic hardship, based on a determination that the customer's monthly household income meets the criteria established in section 36-62(2)b of this Code, the utility official may extend the payment plan over additional billings as the official may deem appropriate. A decision by the utility official under this subsection as to whether or not a payment plan should be extended shall be final and not subject to appeal. (d) When the department retests the meter at the request of the customer, the department shall bill the customer for the cost as follows: (1) If a customer requests that a meter be tested that is within the manufacturer's warranty period, and such meter when tested is accurate under the American Water Works Association guidelines; or (2) If the department has tested the meter within the previous 12 months, and such meter when retested at the request of the customer is accurate under the American Water Works Association guidelines, then the department shall charge the customer the fee stated for this provision in the city fee schedule for the following: a. Field testing of meters less than three inches. b. Bench testing of meters less than three inches, plus cost of the new meter and related electronic devices. c. Bench testing three-inch and larger meters, plus cost of the new meter, (e) If the department re-reads a meter at the customer's request, and the reading verifies that the department's original reading was correct (equal to or greater than the prior reading), the department shall charge the customer the fee stated for in this provision in the city fee schedule. Provided, however, that exempt senior customers, disabled veterans and persons with disability are exempt from this fee. (Code 1968, § 49-64; Ord. No. 87-1326, § 12, 8-5-87; Ord. No. 07-599, §§ 29—32, 5-16-07; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2013-320, § 7, 4-10-2013, eff. 6-1-2013)

Houston Code of Ordinances § 47-74 Adjustment of bill as result of defect in customer's line.

Sec. 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)

Houston Code of Ordinances § 47-74.1 Leak balance remaining adjustment.

Sec. 47-74.1. - Leak balance remaining adjustment. (a) Any single-family residential customer with a leak balance remaining (LBR) may request a leak balance remaining adjustment. As used in this section the term leak balance remaining means a water bill amount due that is derived from excess usage that remains after the director's approval of a billing adjustment under section 47-74 of this Code. The LBR includes only water and sewer service charges on the customer's account and may include usage billed in consecutive months prior to or after the months adjusted under section 47-74 of this Code. (b) To qualify for an LBR adjustment, the LBR must be greater than $1,000.00. For elderly customers who meet the eligibility criteria for elderly residents in section 36-62 (1) of this Code, the LBR must be greater than $100.00. Customers requesting an LBR adjustment shall submit an LBR adjustment application on a form prescribed by the director. The application form shall contain a statement requiring the applicant to affirm its understanding that the application is a government record subject to criminal prosecution for false statements under chapter 37 of the Texas Penal Code, and a statement that the application contains no false statements. (c) A customer requesting an LBR must demonstrate that he: (1) Is the named account holder of record at the time that the excusable defect occurred; (2) Qualified for and received an adjustment under section 47-74 of this Code; (3) Had an excusable defect in the line that was not a city-caused leak; (4) Worked with the customer account services' (CAS) collections team and exhausted the CAS recommended assistance options prior to submitting the LBR adjustment application; (5) Submitted the LBR adjustment application within 30 days after the date on which an approved adjustment for the defect in the customer's line appeared on the bill; and (6) Had not received an LBR adjustment on the account during the past 12-month period. (d) Upon receipt of a completed LBR adjustment application, the director shall review the application and if the director approves the application as being eligible for an adjustment under this section, the customer's bill shall be adjusted as follows: (1) For customers with a leak balance remaining greater than $1,000.00, the leak balance remaining shall be adjusted to $1,000.00. (2) Notwithstanding item (1) of this subsection, for eligible elderly customers with a leak balance remaining greater than $100.00, the leak balance remaining shall be adjusted to $100.00. (e) The LBR billing adjustment will be applied to the customer's account upon full payment of the amount owed after the LBR adjustment. (f) The director shall offer a customer who receives a LBR adjustment a payment agreement to pay any remaining balance on the account in monthly installments. (g) In the event of extraordinary circumstances and when reasonable effort was made by customer to remedy the defect in the water line in a timely manner, the director may consider additional qualifying conditions as prescribed in departmental procedures. (h) Within ten days of the customer notification of the LBR decision, the customer may request an internal review by the department; however, the decision of the director or the director's designee following the internal review is final. There are no rights for further administrative review, an administrative hearing, or any further proceedings or appeals regarding the LBR Adjustment Application and/or the LBR Adjustment under this section. (i) Customers may receive no more than one LBR adjustment in any 12-month period for any one account. (Ord. No. 2021-583, § 5, 6-30-2021; Ord. No. 2023-1127, § 4, 12-13-2023)

Houston Code of Ordinances § 47-75 Adjustment of unusually large bill.

Sec. 47-75. - Adjustment of unusually large bill. (a) Any single-family residential customer who receives a water bill for any given month that is greater than 200 percent of the average usage of the customer, the customer may request an adjustment of the bill in the manner provided in this section. Provided, that the customer must make an application within six months of receipt of such bill and only one such monthly bill out of any 12 consecutive monthly bills may be adjusted under this section. If the applicant has not been a customer for a sufficient length of time for the department to determine average usage, the department shall delay the adjustment until it can calculate the average usage. In order to request such an adjustment, the customer must file an application for the adjustment on a form furnished by the utility official. The application form shall contain a statement 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 customer must state that the application contains no false statements. The application shall identify the bill and briefly state: (1) The reasons for the request for the adjustment; (2) A description of the additional water consuming devices or fixtures, if any, that have been placed in use by the customer during the current month or the preceding 12 months; (3) That there have been no plumbing repairs or necessity therefor during the month for which an adjustment is sought or that the nature of any plumbing defects was not such as would explain the additional usage; and (4) Such other information as the utility official may require. (b) Upon receiving such application, the utility official shall make an investigation to determine if an error was made, which investigation shall include inspection of the customer's water meter for accuracy and review of the customer's billing record. If the initial investigation reveals a billing or meter error, the utility official shall correct the error. If the investigation does not reveal an error, the utility official may make such further investigation as the utility official deems advisable and shall give full consideration to the statements contained in the customer's application. If the utility official concludes that, in all reasonable probability, the customer consumed and was charged for more water during the month in question but is unable to actually account for such unusual quantity, the utility official shall recompute the bill using as the gross quantity 125 percent of the average monthly gross quantity applicable to the customer. Except as provided by section 47-75.2 of this Code, a determination by the utility official made in accordance with the provisions of this section shall be final. (c) If the customer has already paid the bill for which an adjustment is authorized under this section and the adjustment is no more than six times the customer's average bill, the department shall credit the customer'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 customer can show extreme economic hardship, the department shall refund the amount of the adjustment. The utility official shall determine whether extreme economic hardship exists. If a customer discontinues water service before subsequent charges have depleted the credit, the department shall refund to the customer at the time of discontinuance the remaining credit balance minus any overdue debt the customer owes the city. (Code 1968, § 49-66; Ord. No. 83-19, § 12, 1-11-83; Ord. No. 87-1326, § 14, 8-5-87; Ord. No. 88-128, § 2, 1-27-88; Ord. No. 90-635, § 153, 5-23-90; Ord. No. 93-314, § 9, 3-24-93; Ord. No. 97-497, §§ 3, 4, 5-7-97; Ord. No. 06-502, § 4, 5-17-06; Ord. No. 07-599, § 35, 5-16-07; Ord. No. 2013-320, §§ 10, 11, 4-10-2013, eff. 6-1-2013; Ord. No. 2023-1127, § 5, 12-13-2023)

Houston Code of Ordinances § 47-75.1 Exceptional circumstances adjustment.

Sec 47-75.1. - Exceptional circumstances adjustment. (a) Under exceptional circumstances as identified in this section, any billed amount in excess of two times the average monthly bill of a commercial, residential or not-for-profit account may be reduced by up to $10,000.00 for one occurrence that does not exceed a timeframe of two billing cycles. To receive this credit, the following criteria will be used: (1) The usage must exceed the customer's average monthly usage by at least two times; and (2) Based on an investigation conducted by the department as described in section 47-75 of this Code, the evidence clearly establishes that such increased usage was not the result of the customer's failure to take action reasonably calculated to address the problem. (b) A customer may receive no more than one exceptional circumstances adjustment in a 24 month period. (c) The adjustment may not be combined with any other adjustment granted pursuant to this chapter for a single incident. (d) In order to request such an adjustment, the customer must file an application for the adjustment on a form furnished by the utility official. The application form shall contain a statement 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 customer must state that the application contains no false statements. The application shall identify the bill(s) and briefly state: (1) The reasons for the request for the adjustment; (2) A description of the additional water consuming devices or fixtures, if any, that have been placed in use by the customer during the current month or the preceding 12 months; (3) Information on any plumbing repairs or necessity therefor during the month(s) for which an adjustment is sought; and (4) Such other information as the utility official may require. (e) A customer may request a hearing regarding this section following the process set forth in section 47-70.1 of this Code. (f) Except as provided by section 47-75.2 of this Code, a determination by the utility official made in accordance with the provisions of this section shall be final. (Ord. No. 2013-320, § 12, 4-10-2013, eff. 6-1-2013; Ord. No. 2023-1127, § 6, 12-13-2023)

Houston Code of Ordinances § 47-75.2 Water adjustment board.

Sec. 47-75.2. - Water adjustment board. (a) There is hereby created a water adjustment board. The water adjustment board shall consist of three members appointed by the mayor and approved by city council, each to serve a term of three years unless removed earlier by the mayor. At least one member of the board shall hold or have held a journeyman plumber's license and shall have been eligible in the past five years to take the Texas State Board of Plumbing Examiners' master plumber examination. (b) The board's jurisdiction shall be limited to reviewing decisions of hearing officers relating to matters arising under sections 47-73, 47-74, 47-75, and 47-75.1 of this Code. (c) Not later than ten days following the decision of the hearing officer under section 47-70.1 of this Code the customer may request that the decision be reviewed by the water adjustment board. The review will be based exclusively on the record of the hearing; no additional evidence or information shall be considered. The board may uphold, reverse or modify the decision of the hearing officer in conformance with the provisions of this Code but may not make any adjustment greater than allowed by section 47-73, 47-74, 47-75, or 47-75.1, as applicable, of this Code. The board may be assisted by a member of the legal department in order to ensure proper interpretation of this Code. (Ord. No. 2013-320, § 12, 4-10-2013, eff. 6-1-2013; Ord. No. 2014-207, § 1, 3-12-2014)

Houston Code of Ordinances § 47-76 Charge for collecting in the field.

Sec. 47-76. - Charge for collecting in the field. If a city collection representative makes a field call on a customer and a water or sewer bill is paid to the representative, the collection charge stated for this provision in the city fee schedule shall be added to the amount of such bill. (Code 1968, § 49-68; Ord. No. 83-19, § 20, 1-11-83; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 47-77 Charges for disinfection of potable water mains by city employees.

Sec. 47-77. - Charges for disinfection of potable water mains by city employees. (a) This section shall be applicable on all construction contracts for potable water mains constructed or renewed under city specifications where the mains are disinfected (chlorinated) by employees of the department. (b) The director shall prescribe policies, procedures, and rates to be paid by contractors for the disinfection of newly constructed or renewed water mains. Such policies, procedures, and rates will be made available to the contractor prior to the completion of the construction. (c) The rates for disinfection shall be established yearly by the director and shall be subject to approval by the city council by motion duly adopted. (Code 1968, § 49-69; Ord. No. 83-19, § 21, 1-11-83)

Houston Code of Ordinances § 47-78 Delinquent customers to provide certain information to utility official.

Sec. 47-78. - Delinquent customers to provide certain information to utility official. The utility official may require any delinquent customer to provide the city: (1) The name and address of the owner of the service address of such customer; and (2) The full legal description of the service address of such customer. (Ord. No. 89-24, § 5, 1-4-89; Ord. No. 90-635, § 153, 5-23-90)

Houston Code of Ordinances § 47-79 Charge for billing information.

Sec. 47-79. - Charge for billing information. Any customer may request an itemized summary of the department's billing records in accordance with procedures and forms promulgated by the Director of Houston Public Works. Each such request shall include payment to the city of the copying fees stated for this provision in the city fee schedule. (Ord. No. 87-1326, § 15, 8-5-87; Ord. No. 90-635, § 162, 5-23-90; Ord. No. 93-514, § 121, 5-5-93; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2018-11, § 49, 1-10-2018)

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_DIV1GEFetched: 10/26/2026