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Texas Property Code § 92.301. Landlord Liability to Tenant for Utility Cutoff
(a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill.
(b) If a landlord is liable to the tenant under Subsection (a) of this section, the tenant may:(1) pay the utility company money to reconnect or avert the cutoff of utilities according to this section;
(2) terminate the lease if the termination notice is in writing and move-out is to be within 30 days from the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner;
(3) deduct from the tenant's rent, without necessity of judicial action, the amounts paid to the utility company to reconnect or avert a cutoff;
(4) if the lease is terminated by the tenant, deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit pursuant to law;
(5) if the lease is terminated by the tenant, recover a pro rata refund of any advance rentals paid from the date of termination or the date the tenant moves out, whichever is later;
(6) recover actual damages, including but not limited to moving costs, utility connection fees, storage fees, and lost wages from work; and
(7) recover court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury.
(c) When deducting for the tenant's payment of the landlord's utility bill under this section, the tenant shall submit to the landlord a copy of a receipt from the utility company which evidences the amount of payment made by the tenant to reconnect or avert cutoff of utilities.
(d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner. However, the tenant's remedies under this section shall cease if:(1) the landlord provides the tenant with written evidence from the utility that all delinquent sums due the utility have been paid in full; and
(2) at the time the tenant receives such evidence, the tenant has not yet terminated the lease or filed suit under this section.
Water Service Charge: This charge is a base charge set on meter size and includes the first 3,000 gallons of water usage on the meter each month.
Regulatory Fee: This fee is based on charges that are incurred from TCEQ (Texas Commission on Environmental Quality) and must be paid by all rate payers in the City of Irving on a per meter basis.
Water Usage: This charge is calculated and bill based on water consumption over the base “Water Service Charge”. These are structured in an inverted rate and based on usage tiers. These tiers are as follows: 4,000 to 10,000 gallons are billed at $3.73 per thousand, 11,000 to 20,000 gallons are billed at $3.95 per thousand and any consumption 21,000 gallons and over are billed at (October through May) $4.13 per thousand and (June through September) $4.37 per thousand.
Purchase and Treatment: This fee is based on a percentage of the total budget the City of Irving allocates to water purchased and treated by the City of Dallas.
Sewer: This charge is based on a winter month’s average (January, February, and March) and is calculated using the water usages for the given months. This is charged starting April of the given year and recalculates each year based on the usages for the above mentioned months.
Sewer Treatment: This fee is based on a percentage of the total budget the City of Irving allocates for wastewater treatment from Trinity River Authority.
Sanitation: This charge is for garbage pick-up services and is based on overall budget needs by the Sanitation Department. This is also the only Taxable item on the Municipal Services Bill.
Energy Charge (September 2008): This charge is assessed on all solid waste pick-up customers to offset fuel costs incurred with the solid waste service’s vehicles.
Sales Tax: This charge is based on sales tax for the sanitation charge (see above) and is calculated based on City of Irving sales tax requirements.
EMS Fee (October 2009): This fee supplements all emergency medical service operations and equipment costs and is based on budgetary needs for Ambulatory services. These fees are charged to all account holders in the city.
Drainage: This fee is assessed on all property in the City of Irving and funds storm water drainage issues (Creek blockages, drainage culvert issues, etc.) in the city. The fee is calculated based on non- impervious surface area on the property.
Utility Franchise Fee: This fee is 2% of the water, sewer and sanitation charge on your monthly bill and funds public safety activities within the City of Irving.
Surcharge: This charge is assessed to an account that discharges a higher than normal (over strength) sewer discharge into the City of Irving sewerage system. This is calculated based on a formula as outlined in the Book of Ordinances Chapter 52 subsection 4 and fees are mandated by TRA.
Charges listed above are referring to the current Ordinance as of 9/1/2014 and is subject to change at anytime with Council approval.