Texas Register, Volume 39, Number 15, Pages 2629-3006, April 11, 2014 Page: 2,699
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utility shall provide the customer with written notice of its intent to do
so. The notice required under this subparagraph shall include infor-
mation on the estimated cost of relocating the meter, an explanation of
the condition hindering access and what the customer can do to correct
that condition, and information on how to contact the utility. The no-
tice shall give the customer a reasonable length of time to arrange for
utility access so the customer may avoid incurring the relocation cost.
A copy of the notice given to the customer shall be filed with the util-
ity's records on the customer's account.
(7) If access to a meter, cutoff valve or sewer connection
is hindered by the customer and the customer's service is subject to
disconnection under 24.88 of this title (relating to Discontinuance of
Service), the utility may disconnect service at the main and may charge
the customer for the actual cost of disconnection and any subsequent
reconnection. The utility shall document the condition preventing ac-
cess by providing photographic evidence or a sworn affidavit. Before
disconnecting service at the main, the utility shall provide the customer
with written notice of its intent to do so. The notice required under this
subparagraph shall include information on the estimated cost of discon-
necting service at the main and reconnecting service and shall give the
customer at least 72 hours to correct the condition preventing access
and to pay any delinquent charges due the utility before disconnection
at the main. The customer may also be required to pay the tariffed re-
connect fee for nonpayment in addition to delinquent charges even if
service is not physically disconnected. A copy of the notice given to
the customer shall be filed with the utility's records on the customer's
account.
(d) Meter tests on request of customer.
(1) Upon the request of a customer, each utility shall make,
without charge, a test of the accuracy of the customer's meter. If the
customer asks to observe the test, the test shall be conducted in the
customer's presence or in the presence of the customer's authorized rep-
resentative. The test shall be made during the utility's normal working
hours at a time convenient to the customer. Whenever possible, the
test shall be made on the customer's premises, but may, at the utility's
discretion, be made at the utility's testing facility.
(2) Following the completion of any requested test, the util-
ity shall promptly advise the customer of the date of the test, the result
of the test, who made the test and the date the meter was removed if
applicable.
(3) If the meter has been tested by the utility or a testing
facility at the customer's request, and within a period of two years the
customer requests a new test, the utility shall make the test, but if the
meter is found to be within the accuracy standards established by the
American Water Works Association, the utility may charge the cus-
tomer a fee which reflects the cost to test the meter, but this charge
shall in no event be more than $25 for a residential customer.
(e) Meter testing.
(1) The accuracy of a water meter shall be tested by com-
paring the actual amount of water passing through it with the amount
indicated on the dial. The test shall be conducted in accordance with the
standards for testing cold water meters as prescribed by the American
Water Works Association or other procedures approved by the com-
mission.
(2) The utility shall provide the necessary standard facili-
ties, instruments, and other equipment for testing its meters in compli-
ance with these sections. Any utility may be exempted from this re-
quirement by the commission provided that satisfactory arrangements
are made for testing its meters by another utility or testing facility
equipped to test meters in compliance with these sections.(3) Measuring devices for testing meters may consist of
a calibrated tank or container for volumetric measurement or a tank
mounted upon scales for weight measurement. If a volumetric stan-
dard is used, it shall be accompanied by a certificate of accuracy from
any standard laboratory as may be approved by the commission. The
commission can also authorize the use of a volumetric container for
testing meters without a laboratory certification when it is in the best
interest of the customer and utility to reduce the cost of testing. If a
weight standard is used, the scales shall be tested and calibrated pe-
riodically by an approved laboratory and a record maintained of the
results of the test.
(4) Standards used for meter testing shall be of a capacity
sufficient to insure accurate determination of meter accuracy and shall
be subject to the approval of the commission.
(5) A standard meter may be provided and used by a utility
for the purpose of testing meters in place. This standard meter shall
be tested and calibrated at least once per year unless a longer period
is approved by the commission to insure its accuracy within the limits
required by these sections. A record of such tests shall be kept by the
utility for at least three years following the tests.
(f) Meter test prior to installation. No meter shall be placed in
service unless its accuracy has been established. If any meter shall have
been removed from service, it must be properly tested and adjusted be-
fore being placed in service again. No meter shall be placed in service
if its accuracy falls outside the limits as specified by the American Wa-
ter Works Association.
(g) Bill adjustment due to meter error. If any meter is found to
be outside of the accuracy standards established by the American Water
Works Association, proper correction shall be made of previous read-
ings for the period of six months immediately preceding the removal
of such meter from service for the test, or from the time the meter was
in service since last tested, but not exceeding six months, as the meter
shall have been shown to be in error by such test, and adjusted bills
shall be rendered. No refund is required from the utility except to the
customer last served by the meter prior to the testing. If a meter is
found not to register for any period, unless bypassed or tampered with,
the utility shall make a charge for units used, but not metered, for a pe-
riod not to exceed three months, based on amounts used under similar
conditions during the period preceding or subsequent thereto, or during
corresponding periods in previous years.
(h) Meter tampering. For purposes of these sections, meter
tampering, bypass, or diversion shall be defined as tampering with a
water or sewer utility company's meter or equipment causing damage
or unnecessary expense to the utility, bypassing the same, or other in-
stances of diversion, such as physically disorienting the meter, objects
attached to the meter to divert service or to bypass, insertion of ob-
jects into the meter, other electrical and mechanical means of tamper-
ing with, bypassing, or diverting utility service, removal or alteration
of utility-owned equipment or locks, connection or reconnection of ser-
vice without utility authorization, or connection into the service line of
adjacent customers or of the utility. The burden of proof of meter tam-
pering, bypass, or diversion is on the utility. Photographic evidence
must be accompanied by a sworn affidavit by the utility when any ac-
tion regarding meter tampering as provided for in these sections is ini-
tiated. A court finding of meter tampering may be used instead of pho-
tographic or other evidence, if applicable.
24.90. Continuity of Service.
(a) Service interruptions.
(1) Every utility or water supply or sewer service corpora-
tion shall make all reasonable efforts to prevent interruptions of service.PROPOSED RULES April 11, 2014 39 TexReg 2699
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Texas. Secretary of State. Texas Register, Volume 39, Number 15, Pages 2629-3006, April 11, 2014, periodical, April 11, 2014; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth415022/m1/71/: accessed May 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.