Warranties; contracts; liability.
Houston Code of Ordinances § 47-24
in effectSec. 47-24. - Warranties; contracts; liability.
(a) The city makes no warranties, either express or implied, with respect to any water or water service. No industrial customer, commercial customer or any other customer, consumer or person is guaranteed any specific quantity, quality, pressure or other characteristic of water or water service. No officer, agent or employee of the city is authorized to make any warranty or guarantee with respect to water or water service, unless such warranty or guarantee is contained in a written contract duly authorized by motion, resolution or ordinance duly adopted by the city council and duly signed by the mayor. Should any express or implied warranty ever be applicable to water or water service provided by the city, the city disclaims any and all implied warranties of merchantability or fitness for a particular purpose, except to the extent contained in a written contract described in this subsection.
(b) Inasmuch as the city is not operated for profit and water charges are computed to cover only the costs of service, the city shall never be liable for any direct, indirect, special, incidental or consequential damages arising out of or relating to water or water services, whether based on contract, tort or other legal theory. The provisions of this Code relating to reductions of water charges in certain circumstances are sole and exclusive remedies.
(Code 1968, § 49-23; Ord. No. 83-19, § 23, 1-11-83)
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_ARTIINGE_S47-24WACOLIFetched: 10/26/2026