1. (a) Suspension or Disconnection Policy. If a utility chooses to suspend or disconnect a customer, it must follow the procedures below or modify them in ways that are more generous to the customer in terms of the cause for suspension or disconnection, the timing of the suspension or disconnection notice, and the period between notice and suspension or disconnection. Each utility is encouraged to develop specific policies for suspension and disconnection that treat its customers with dignity and respect for customers' or members' circumstances and payment history, and to implement those policies in ways that are consistent and non-discriminatory. Suspension or disconnection are options allowed by the commission, not requirements placed upon the utility by the commission.

2. (b) Suspension or disconnection with notice. Utility service may be suspended or disconnected after proper notice, for any of these reasons:

   1. (1) failure to pay a bill for charges that are in a utility's tariffs including long distance charges only where the local exchange carrier bills those charges to the customer pursuant to its tariffs or make deferred payment arrangements by the date of suspension or disconnection;
   2. (2) failure to comply with the terms of a deferred payment agreement except as provided in §26.29 of this title (relating to Prepaid Local Telephone Service);
   3. (3) violation of the utility's rules on the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer has a reasonable opportunity to remedy the situation;
   4. (4) failure to pay a deposit as required by §26.24 of this title (relating to Credit Requirements and Deposits); or
   5. (5) failure of the guarantor to pay the amount guaranteed, when the utility has a written agreement, signed by the guarantor, that allows for disconnection of the guarantor's service for nonpayment.

3. (c) Suspension or disconnection without notice. Utility service may be suspended or disconnected without notice, except as provided in §26.29 of this title, for any of the following reasons:

   1. (1) where service is connected without authority by a person who has not made application for service;
   2. (2) where service was reconnected without authority after termination for nonpayment; or
   3. (3) where there are instances of tampering with the utility company's equipment or evidence of theft of service.

4. (d) Suspension or disconnection prohibited. Utility service may not be suspended or disconnected for any of these reasons:

   1. (1) failure to pay for any charges that are not provided for in a utility's tariffs;
   2. (2) failure to pay for a different type or class of utility service unless charges were included on the bill at the time service was initiated;
   3. (3) failure to pay charges resulting from underbilling that is more than six months before the current billing, except for theft of service; or
   4. (4) failure to pay disputed charges until a determination is made on the accuracy of the charges.
5. (e) Suspension or disconnection on holidays or weekends. Unless a dangerous condition exists or the customer requests disconnection, service shall not be suspended or disconnected on holidays or weekends, or the day immediately preceding a holiday or weekend, unless utility personnel are available on those days to take payments and reconnect service.
6. (f) Disconnection due to utility abandonment. No public utility may abandon a customer or a certified service area without written notice to its customers and all neighboring utilities, and approval from the commission.

7. (g) Suspension or disconnection for ill and disabled. No utility may suspend or disconnect service at the permanent residence of a delinquent customer if that customer establishes that such action will prevent the customer from summoning emergency medical help for someone who is seriously ill residing at that residence.

   1. (1) Each time a customer seeks to avoid suspension or disconnection of service under this subsection, the customer before the date of suspension or disconnection shall:

      1. (A) have the person's attending physician (for purposes of this subsection, the term "physician" shall mean any public health official, including, but not limited to, medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) contact the utility by the stated date of disconnection;
      2. (B) have the person's attending physician submit a written statement to the utility; and
      3. (C) enter into a deferred payment plan.
   2. (2) The prohibition against suspension or disconnection provided by this subsection shall last 63 days from the issuance of the utility bill or a shorter period agreed upon by the utility and the customer or physician.

8. (h) Suspension and disconnection notices. Any suspension or disconnection notice issued by a utility to a customer must:

   1. (1) not be issued to the customer before the first day after the bill is due. Payment of the delinquent bill at a utility's authorized payment agency is considered payment to the utility.
   2. (2) be a separate mailing or hand delivery with a stated date of suspension or disconnection and with the words "suspension notice," or "disconnection notice," or similar language prominently displayed on the notice.
   3. (3) have a suspension or disconnection date that is not a holiday or weekend day, not less than ten days after the notice is issued.
   4. (4) be in English and Spanish.
   5. (5) include a statement notifying customers that if they need assistance paying their bill, or are ill and unable to pay their bill, they may be able to make some alternative payment arrangement or establish a deferred payment plan. The notice shall advise customers to contact the utility for more information.

Source Note:The provisions of this §26.28 adopted to be effective May 6, 1999, 24 TexReg 3329.