Utilities Code Chapter 184

Individual metering versus submetering. Individual metering means each dwelling unit has a separate meter owned and read by the local electric utility company, which bills the occupant directly. Submetering means the building owner installs meters downstream of a single utility master meter and bills occupants based on their measured consumption. The chapter requires new apartment houses (over five units) to have one of these two systems; master metering without submetering is prohibited for new construction (Section 184.012(a)). For existing buildings, submetering is permitted but optional.

Master metering and allocation. Master metering describes a situation where a single utility meter serves the entire building, and the owner pays the total utility bill and either includes utility costs in rent or allocates them among tenants by some formula (e.g., per square foot, number of occupants). The chapter does not prohibit master metering of existing buildings, but it requires the PUC to adopt rules ensuring that any allocation of nonsubmetered master metered electric service or central system utility costs (central heating, cooling, hot water, chilled water) be fair and transparent, with disclosure of the method and average historical bills in the lease (Section 184.052(b)(1)). The owner may not charge tenants more than the actual charge the owner pays to the utility (Section 184.052(b)(2)(A)).

"Housing for older persons" exemption. Section 184.0125 provides an exemption from the mandatory individual metering/submetering requirement for new construction of housing for older persons with 100 or more dwelling units. To qualify, the housing must have significant facilities and services designed for older persons, at least 80% of units must be occupied by at least one person 55 or older, and the owner must have policies showing intent to provide housing for persons 55 or older. This exemption recognizes that elderly housing operations may prefer to bundle utility costs. The exemption applies only to the Section 184.012 requirement; it does not exempt the owner from compliance with other subchapters if the building otherwise qualifies.

Low-income elderly exemption. Section 184.012(b) allows political subdivisions to issue permits to nonprofit organizations for new apartment houses for low-income elderly tenants without individual metering or submetering, provided the nonprofit submits engineering and cost data and a sworn statement that all cost savings will be passed on to those tenants. This is a narrow carve-out with strict pass-through requirements.

RV park metered sale safe harbor. The chapter distinguishes between providing electric service for compensation (which would turn the RV park into a utility subject to full regulatory oversight) and non-compensatory submetering. Section 184.032 states that metered sale in compliance with PUC submetering rules under Title 2 does not constitute provision of electric service for compensation. Section 184.033 provides an alternative path: a metered sale does not constitute electric service for compensation if the owner uses a fixed per-kilowatt-hour rate computed annually based on the prior fiscal year's cost per kWh, does not recover more than the supplying utility charges, maintains three years of records, and refunds any surplus the following year (Sections 184.034, 184.035). The owner cannot include common area electricity in the rate (Section 184.034(d)). This safe harbor allows RV parks to charge for electricity without becoming public utilities.

Utility cutoff for delinquent RV occupants. Section 184.036, added in 2013, allows a recreational vehicle park operator to withhold electric, water, or wastewater utility services from an occupant who is delinquent in paying for those services, and to restore service upon payment. This authority applies "notwithstanding any other law," meaning it overrides any state or local restrictions that might otherwise prohibit utility disconnection by a non-utility entity.

Liability for overcharges. Section 184.071 creates a private right of action for tenants whose landlord violates a PUC rule relating to submetering of electric utilities consumed exclusively in a dwelling unit or a rule relating to allocation of central system utility costs or nonsubmetered master metered electric utility costs. The tenant can recover three times the amount of any overcharge (treble damages), a civil penalty equal to one month's rent, reasonable attorney's fees, and court costs. The civil penalty can be avoided if the landlord proves the violation was an unintentional mistake made in good faith, but the treble damages provision does not have a good-faith defense,it appears to be strict liability for overcharges regardless of intent. This creates a strong incentive for owners to ensure accurate billing and allocation.

The chapter primarily affects owners, operators, and managers of apartment houses (multifamily residential buildings), mobile home parks, and recreational vehicle parks in Texas, along with their tenants and occupants. It also affects political subdivisions (cities, counties) that issue building permits and certificates of occupancy.

Apartment house owners. The statutory definition of "apartment house" varies by subchapter. Under Subchapter A (Sections 184.011-184.014), it means one or more buildings containing more than five dwelling units rented primarily for nontransient use with rent paid weekly or longer, and includes rented or owner-occupied residential condominiums. Under Subchapter C (Sections 184.051-184.052), the threshold drops to two or more dwelling units, making the allocation rules applicable to smaller buildings. Owners must ensure new construction meets metering requirements, comply with PUC rules on submetering and allocation, maintain records, and refrain from overcharging. Owners who raise rents within 90 days before installing submeters and attribute the increase to higher utility costs must immediately reduce rent by that amount and refund the increase collected during those 90 days (Section 184.013(c)). This imposes a compliance cost on owners who previously bundled utilities and then convert to submetering.

Tenants. Tenants benefit from protections against overcharges and from rights to inspect submetering records (Section 184.014(b)(2)) and allocation records (Section 184.052(b)(2)(B)). Tenants also gain the ability to sue for treble damages, a civil penalty, and attorney's fees if rules are violated. However, tenants in buildings that qualify for the housing-for-older-persons exemption may not receive the benefit of individual metering; the owner is not required to install submeters, and utility costs may remain bundled in rent or allocated without direct measurement.

Mobile home park owners and residents. The definition of "dwelling unit" in Subchapter A includes a mobile home in a mobile home park (Section 184.011(2)(A)(ii)). Owners may submeter mobile home spaces, and the same rules on submetering and recordkeeping apply. Mobile home park residents are treated similarly to apartment tenants for purposes of submetering protections.

Recreational vehicle park owners. They are subject to Subchapter B. They may sell electricity to occupants on a metered basis without becoming a utility, but must follow strict rate computation and refund rules. They may also cut off utilities for delinquent payment under Section 184.036. Owners must maintain three years of records and cannot charge more than the supplying utility's cost per kWh after accounting for the fixed annual rate calculation.

Political subdivisions. City and county building departments must not authorize construction or occupancy of new apartment houses (more than five units) unless the plan provides for individual metering or submetering. They may issue permits for exempt low-income elderly housing and housing for older persons meeting the statutory criteria, but must require the construction plan to provide for the requirements of Section 184.0125 in the latter case. Political subdivisions are not explicitly given enforcement authority; enforcement of rules is done under the PUC's Title 2 enforcement provisions (Sections 184.014(c), 184.052(c)).

Public Utility Commission of Texas. The commission must adopt rules under Sections 184.014 (submetering in apartment houses and mobile home parks), 184.052 (allocation of master metered costs and central system utilities), and presumably for RV park submetering. The rules have the same effect as rules adopted under Title 2 (the Public Utility Regulatory Act), meaning they carry enforcement mechanisms including civil penalties and administrative remedies.

Duty to meter new construction. Before a political subdivision authorizes construction or occupancy of a new apartment house (over five units), the construction plan must provide for individual utility metering or submetering for each dwelling unit (Section 184.012(a)). The duty falls on the owner to include this in the plan, and on the political subdivision to refuse permits that lack it. Exceptions apply for low-income elderly housing (with sworn statement and pass-through) and housing for older persons (with 100+ units meeting age and facility requirements).

Duty to comply with PUC rules on submetering and allocation. Once submetering is installed, the owner must comply with PUC rules on meter accuracy, testing, and recordkeeping that are the same as those for utility meters (Section 184.013(b)). For allocation of nonsubmetered master metered costs or central system utilities, the owner must follow PUC rules requiring lease disclosure of the method and average bills, maintain records available for inspection, and refrain from charging more than the actual utility charge (Section 184.052(b)).

Duty not to overcharge. Under Section 184.014(b)(1), an apartment house or mobile home park owner may not charge a tenant more than the cost per kilowatt hour the utility charges the owner. Under Section 184.052(b)(2)(A), the owner may not impose a charge on a tenant in excess of the actual charge imposed on the owner for utility consumption by the apartment house. These are strict caps: any pass-through of costs above actual utility charges is prohibited.

Duty to refund overcollections. If an owner raises rent within 90 days before installing submeters and attributes the increase to utility costs, the owner must reduce rent by that amount and refund the increase collected during the 90-day period (Section 184.013(c)). For RV parks, if at year-end the owner collected more than the supplying utility charged, the owner must refund the excess to occupants in the succeeding fiscal year (Section 184.035).

Duty to maintain and allow inspection of records. Submetered apartment and mobile home park owners must maintain adequate records and make them available for tenant inspection during reasonable business hours (Section 184.014(b)(2)). Similarly, owners using allocation methods for master metered utilities must maintain utility bills, consumption records, and allocation records available for tenant inspection (Section 184.052(b)(2)(B)). RV park owners must maintain at least three years of bills, charges to occupants, and consumption records (Section 184.033(3)).

Duty to set RV park rates formulaically. RV park owners who use the Section 184.033 safe harbor must set a fixed per-kWh rate for each fiscal year computed by dividing the prior year's total utility charge (for the park's submetered spaces) by the prior year's total kWh consumed, rounded to the nearest cent (Section 184.034(a)). If the utility's rates increase, the owner may recompute using current rates; if rates decrease, the owner must recompute. Common area and office electricity cannot be included in the computation or recovered through metered charges (Section 184.034(d)).

Right to submeter. Owners of apartment houses and mobile home parks have the right to submeter each dwelling unit (Section 184.013(a)). This is permissive; no mandate exists for existing buildings to convert.

Right to cut off utility service for delinquent RV occupants. Section 184.036 provides that a recreational vehicle park operator may withhold electric, water, or wastewater utility services from an occupant who is delinquent in paying for those services, until the delinquent amount is paid. This right overrides any other law, meaning it preempts local ordinances or state rules that might otherwise restrict utility disconnection by a non-utility.

Right of tenants to sue. Tenants may bring an action under Section 184.071 for violations of PUC rules on submetering or allocation, and may recover treble overcharges, a civil penalty of one month's rent, attorney's fees, and court costs. The landlord has a good-faith defense only against the civil penalty, not against treble damages or fees.

The primary enforcement mechanism for violations of PUC rules relating to submetering and allocation is a private right of action under Section 184.071. A landlord who violates a commission rule relating to submetering of electric utilities consumed exclusively in a tenant's dwelling unit or a rule relating to allocation of central system utility costs or nonsubmetered master metered electric utility costs is liable to the tenant for: (1) three times the amount of any overcharge; (2) a civil penalty equal to one month's rent; (3) reasonable attorney's fees; and (4) court costs (Section 184.071(a)). This means a tenant need not rely on PUC enforcement to obtain redress; the statute creates a direct cause of action in court.

The treble damages provision is harsh: it multiplies the overcharge by three regardless of the landlord's intent. There is no good-faith exception for the trebling. The only good-faith defense applies to the civil penalty of one month's rent: the landlord is not liable for that penalty if the landlord proves the violation was an unintentional mistake made in good faith (Section 184.071(b)). However, the landlord remains liable for treble overcharges, attorney's fees, and court costs even if the mistake was unintentional and in good faith. This creates strong incentives for owners to avoid any overcharge, even minor or accidental ones.

Enforcement of PUC rules themselves is also possible under Title 2. Sections 184.014(c) and 184.052(c) provide that rules adopted under those sections have the same effect as rules adopted under Title 2 (the Public Utility Regulatory Act), and that owners, operators, or managers are subject to enforcement under Sections 15.021, 15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033 of that title. Those sections generally provide for administrative penalties, cease and desist orders, and injunctive relief. The PUC can initiate enforcement actions for violations of its submetering and allocation rules. This dual enforcement structure,administrative penalties plus private treble-damages lawsuits,means owners face significant financial exposure.

For RV parks, the penalty structure is less explicit. The safe harbor provisions do not contain their own penalty sections. An RV park owner who fails to comply with the rate computation and refund requirements may lose the protection of Sections 184.032 and 184.033, meaning the metered sale of electricity could be deemed the provision of electric service for compensation, potentially subjecting the owner to PUC regulation as a utility. That is a significant regulatory consequence, as it would require compliance with all applicable utility laws and tariffs.

The utility cutoff authority under Section 184.036 does not contain a penalty for improper cutoff, but if an operator cuts off service to a non-delinquent occupant, the occupant could potentially bring a claim for wrongful eviction or breach of contract. The statute does not grant immunity for erroneous cutoff; it simply authorizes cutoff for actual delinquency.

Political subdivisions that violate the mandate of Section 184.012 by authorizing construction without individual metering may face no direct statutory penalty, but they could be subject to injunctive relief or other challenges. The statute does not specify a penalty for political subdivisions.

Interaction with Title 2 of the Utilities Code (Public Utility Regulatory Act). The chapter repeatedly references Title 2. PUC rules adopted under Sections 184.014 and 184.052 have the same effect as rules under Title 2, and the enforcement provisions of Title 2 (specifically Sections 15.021 through 15.033) apply to owners, operators, and managers subject to this chapter. This means that the PUC's general enforcement powers, including the ability to impose administrative penalties and seek court orders, extend to violations of submetering and allocation rules. The chapter also provides that submetering in compliance with Title 2 rules does not constitute provision of electric service for compensation (Section 184.032), thereby avoiding the need for the owner to become a regulated utility. This interaction is critical: an owner who submeters without following PUC rules could be treated as an unregulated utility provider, subject to penalties under Title 2.

Interaction with the Water Code. The definition of "recreational vehicle park" in Section 184.036 incorporates the definition under Section 13.087 of the Water Code. The utility cutoff provision applies to parks as defined by that water code section, ensuring consistency across state law. The water code definition may impose other requirements (e.g., wastewater service regulations) that remain unaffected.

Interaction with the Transportation Code. The definition of "recreational vehicle" in Sections 184.011 and 184.031 cross-references Section 522.004(b) of the Transportation Code. This ensures that the type of vehicle subject to the RV park subchapter is consistent with the definition used in motor vehicle law. Under Section 184.011(2)(B), a dwelling unit does not include a recreational vehicle, meaning mobile home parks and RV parks are treated differently.

Interaction with federal fair housing law. The exemption for housing for older persons (Section 184.0125) tracks the federal Fair Housing Act's exemption for housing for persons 55 or older (see 42 U.S.C. § 3607(b)). The statute requires significant facilities and services designed for older persons, or that the housing be necessary to provide important housing opportunities for older persons if such facilities are not practicable. This ensures that the state's exemption does not conflict with federal law and may even rely on federal interpretations of "older persons" housing.

Interaction with local building codes and ordinances. Section 184.012(a) imposes a minimum requirement on political subdivisions when issuing permits: they cannot authorize new construction without individual metering or submetering. Local governments may impose more stringent requirements (e.g., requiring all units to be individually metered, not allowing submetering) if not inconsistent with state law. However, the statutory exemption for low-income elderly and older persons housing limits local discretion to require metering in those cases, as the political subdivision must permit construction if the statutory conditions are met.

Interaction with landlord-tenant law generally. The chapter does not preempt other landlord-tenant remedies. Tenants may still have claims for breach of lease, unconscionable conduct, or deceptive trade practices, in addition to the cause of action under Section 184.071. The treble damages remedy is separate from any rent abatement or other remedies under the Texas Property Code. Landlords should be aware that Section 184.071 allows recovery of attorney's fees, making tenant lawsuits more attractive.

Interaction with utility tariff requirements. Under Section 184.013(b), electric submetering equipment is subject to the same PUC rules for accuracy, testing, and recordkeeping as meters installed by electric utilities. This incorporates by reference the applicable utility meter standards, which may be detailed and technical. Owners must ensure their submeters are approved and tested accordingly.

No interaction with federal bankruptcy or tax law is addressed in the source.

The original enactment of Chapter 184 was by Acts 1997, 75th Legislature, Chapter 166, Section 1, effective September 1, 1997. This created the core structure: Subchapter A (definitions, new construction requirement, submetering, rules), Subchapter B (recreational vehicle park definitions and metered sale), Subchapter C (definitions for apartment houses with two or more units and allocation rules), and Subchapter D (liability).

The first amendment came in 1999 via Acts 1999, 76th Legislature, Chapter 62, Section 18.16(a), effective September 1, 1999. This added Section 184.0125, which provides the exemption from the new construction metering requirement for housing for older persons with 100 or more dwelling units. This was a significant addition, as it allowed large senior housing projects to avoid the individual metering mandate, recognizing that those buildings often include utility costs in rent or use master metering for operational simplicity.

The second amendment was in 2013 via Acts 2013, 83rd Legislature, Regular Session, Chapter 613 (S.B. 1268), effective September 1, 2013. This amendment made two changes. First, it added Section 184.036, which gives recreational vehicle park operators the right to cut off utility services to delinquent occupants. Second, it amended Section 184.011(2) (the definition of "dwelling unit" in Subchapter A) to clarify that a dwelling unit includes a mobile home in a mobile home park and to explicitly exclude recreational vehicles. This amendment harmonized the definition with the separate treatment of RV parks under Subchapter B and ensured that mobile home park residents received the same submetering protections as apartment tenants.

No other amendments are noted in the source text. The statute as provided reflects the current enacted version. There is no indication of any later amendments. Practitioners should verify with the current Texas Statutes online for any subsequent changes.

The source text provides no litigation history. The chapter itself does not name any cases. Based on the statutory language alone, one can infer that the most likely areas of litigation involve tenant suits under Section 184.071 for overcharges, disputes over whether a building qualifies for the housing-for-older-persons exemption, and challenges to PUC rulemaking authority. However, the instruction states not to invent cases or doctrine. Therefore, this section must note that the source does not contain any litigation history or case citations. An analyst should note that the absence of cited cases does not prove the statute is untested; research of Texas case law would be necessary for a complete picture, but the source does not provide that.

Multiple definitions of "apartment house." Subchapter A (Sections 184.011-184.014) defines "apartment house" as more than five dwelling units. Subchapter C (Sections 184.051-184.052) defines it as two or more dwelling units. A building with 3-5 dwelling units is not subject to the new construction metering mandate of Section 184.012 (which only applies to Subchapter A buildings), but if it is master metered, the owner is still subject to Subchapter C's allocation rules. Owners of small buildings may incorrectly assume no regulation applies. They must still follow PUC rules on allocation if they bill tenants for utilities on a nonsubmetered basis.

Low-income elderly exemption trap. Section 184.012(b) requires a nonprofit organization to submit engineering and cost data and a sworn statement that all cost savings will be passed on to low-income elderly tenants. The exemption is not self-executing; the nonprofit must submit the required materials to the political subdivision. Failure to do so means the permit should not be issued without metering. Additionally, "all cost savings" is undefined; a strict interpretation could require the nonprofit to document utility cost savings and reduce rents accordingly, potentially creating liability if not done.

Housing for older persons exemption conditions. Section 184.0125 requires at least 80% of units to be occupied by at least one person 55 or older per unit, plus policies and procedures demonstrating intent to provide housing for those persons, plus "significant facilities and services specifically designed to meet the physical or social needs of older persons." If the facilities are not practicable, the housing must be "necessary to provide important housing opportunities for older persons." These are fact-intensive conditions. An owner who claims the exemption but fails to meet any element,for example, occupancy drops below 80% for a period,could face retroactive liability for failing to install meters, and political subdivisions could be sued for issuing a permit without proper metering.

Rental rate increase before submetering. Section 184.013(c) creates a trap for owners who increase rent within 90 days before installing submeters. If the rent increase is attributable to higher utility costs, the owner must immediately reduce rent by that amount and refund the increase collected during the 90-day period. This applies even if the owner had legitimate non-utility reasons for the rent increase; the statute only requires the reduction if the increase is "attributable to the increased cost of utilities." The attribution may be difficult to prove. Owners planning to install submeters should avoid utility-related rent increases for at least 90 days prior, or be prepared to refund.

RV park rate setting is inflexible. The owner must set a fixed per-kWh rate for each fiscal year based on the prior year's cost and consumption. If the utility's rates decrease, the owner must recompute downward (Section 184.034(c)). If the owner fails to recompute and continues to bill at the higher rate, the owner is overcharging and must refund the surplus the next fiscal year (Section 184.035). The owner cannot include common area or office electricity in the rate. The safe harbor requires strict compliance; any deviation risks classification as a utility.

No good-faith defense for treble damages. Section 184.071(a)(1) imposes liability for three times the amount of any overcharge without a good-faith exception. Even a bookkeeping error that results in a small overcharge triggers trebling. The only escape from treble damages is to prove no overcharge occurred. The good-faith defense only applies to the civil penalty (one month's rent). This means a landlord can be liable for significant sums even for unintentional mistakes.

Records must be available during normal business hours. Both submetering and allocation rule compliance require owners to maintain records and make them available for tenant inspection during reasonable business hours (Sections 184.014(b)(2), 184.052(b)(2)(B)). Failure to provide access could itself be a rule violation, triggering liability under Section 184.071. Owners should have a system for responding to inspection requests promptly.

Utility cutoff for RV occupants is limited. Section 184.036 only authorizes cutoff for delinquent utility services. The operator cannot cut off utility services for nonpayment of rent or other fees. The cutoff is limited to electric, water, and wastewater services. The operator must carefully track which occupant is delinquent and for which service. Cutting off service for the wrong reason could give rise to liability for wrongful eviction or conversion.

Outdated effective dates. The source uses "Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997" which may cause confusion with later amendments. Practitioners must ensure they are citing the current version. The Texas Legislative Council likely has reenacted or revised the chapter since 2013; check for codification notes.

Master metered small buildings (3-5 units). Buildings with 3-5 dwelling units are apartment houses under Subchapter C but not under Subchapter A. Such buildings are not subject to the new construction metering mandate of Section 184.012, but if they are master metered and the owner allocates costs, PUC rules apply. Many small landlords may be unaware of the requirement to have a lease disclosure and maintain records.

No explicit grandfathering for existing buildings. The statute does not explicitly require existing apartment houses to install submeters. The only mandate is for new construction. However, if an existing building is substantially renovated or converted to condominiums, Section 184.012(a) applies to "conversion of property to a condominium." An owner converting existing rental units to condos must install metering. Also, if an owner voluntarily submeters after construction, the 90-day rent reduction rule applies.

Step 1: Determine applicable subchapter. Identify whether the property is an apartment house (more than 5 units under Subchapter A, or 2+ units under Subchapter C), a mobile home park (treated like apartment house under Subchapter A), a recreational vehicle park (Subchapter B), or none of the above. Also check if the property qualifies for an exemption under Section 184.012(b) (low-income elderly) or 184.0125 (older persons 100+ units).

Step 2: For new apartment house construction (more than 5 units). Before submitting plans to the political subdivision, ensure the plan provides for either individual utility company meters for each dwelling unit or submetering by the owner. If applying for an exemption, prepare the required documentation: for low-income elderly nonprofit exemption, obtain engineering and cost data and a sworn statement that all cost savings will be passed on; for older persons housing exemption (100+ units), confirm at least 80% of units will be occupied by person(s) 55+ and that the housing has significant facilities and services for older persons (or the necessity alternative), and have policies and procedures demonstrating intent. Ensure the political subdivision issues the permit with a condition requiring the metering plan; do not accept a permit that omits the metering requirement unless an exemption applies.

Step 3: For existing apartment houses or mobile home parks that are submetered or will become submetered. Ensure submetering equipment complies with PUC rules for accuracy, testing, and recordkeeping (the same rules as for utility meters; see Section 184.013(b)). Before installing submeters, if the owner had increased rents within the prior 90 days and the increase was attributable to utility costs, calculate the amount of that increase and be prepared to reduce rent immediately and refund the amount collected during the 90 days. Maintain records of all utility bills, submeter readings, and charges to tenants. Make records available for tenant inspection during reasonable business hours. Never charge more than the cost per kWh the utility charges the owner (Section 184.014(b)(1)). If using allocation (nonsubmetered master metered), include in each written lease a clear description of the allocation method and the average monthly bill for the prior calendar year (Section 184.052(b)(1)). Maintain utility bills, consumption records, and allocation calculations for inspection. Do not charge tenants more than the actual charge imposed on the owner by the utility for the entire building (Section 184.052(b)(2)(A)).

Step 4: For recreational vehicle parks using the safe harbor. At the beginning of each fiscal year, compute the fixed per-kWh rate by dividing the total amount charged by the supplying utility for the preceding fiscal year by the total kWh consumed in the park during that preceding year, rounded to the nearest cent (Section 184.034(a)). If the utility increases rates, optionally recompute using current rates; if the utility decreases rates, must recompute downward (Sections 184.034(b), (c)). Exclude common area and office electricity from the computation and from recovery (Section 184.034(d)). Bill occupants at the fixed rate throughout the year. At the end of the fiscal year, if total metered charges to occupants exceed what the utility charged the owner, refund the excess to occupants in the succeeding fiscal year (Section 184.035). Maintain three years of records: utility bills, charges to occupants, and consumption records (Section 184.033(3)). For delinquent occupants, you may withhold utility services (electric, water, wastewater) until they pay the delinquent amount (Section 184.036). Keep records of delinquency and payments to justify cutoff.

Step 5: Avoid overcharges and document compliance. Since Section 184.071 imposes treble damages for overcharges regardless of intent, implement internal controls to ensure billing is accurate. For submetered properties, reconcile submeter readings with utility bills. For allocated properties, ensure that the total amount allocated to tenants does not exceed the utility's charges. If an overcharge is discovered, correct it immediately and consider offering a refund to avoid the trebling remedy; however, the statute does not provide a safe harbor for voluntary correction. The only defense to trebling is showing no overcharge occurred, so prevention is better than cure.

Step 6: Respond to tenant inspection requests. Allow tenants to inspect records during reasonable business hours as required. Have copies of utility bills, allocation formulas, and submeter readings ready. A failure to provide access could itself be a rule violation and lead to liability.

Step 7: Monitor PUC rule changes. The PUC has authority to adopt and amend rules under Sections 184.014 and 184.052. Owners must stay current with any changes to accuracy standards, recordkeeping requirements, or disclosure obligations. Noncompliance with rules triggers liability under Section 184.071 and Title 2 enforcement.