(a) In this section, “overcharge” means the amount, if any, a tenant is charged for submetered or nonsubmetered master
metered utility service to the tenant's dwelling unit after a violation occurred relating
to the assessment of a portion of utility costs in excess of the amount the tenant
would have been charged under this subchapter.
(b) The utility commission has exclusive jurisdiction for violations under this subchapter.
(c) If an apartment house owner, condominium manager, manufactured home rental community
owner, or other multiple use facility owner violates a rule of the utility commission
regarding utility costs, the person claiming the violation may file a complaint with
the utility commission. The utility commission and State Office of Administrative Hearings shall establish
an online and telephone formal complaint and hearing system through which a person
may file a complaint under this subchapter and may appear remotely for a hearing before
the utility commission or the State Office of Administrative Hearings. If the utility commission determines that the owner or condominium manager overcharged
a complaining tenant for water or wastewater service from the retail public utility,
the utility commission shall require the owner or condominium manager, as applicable,
to repay the complaining tenant the amount overcharged.
(d) Nothing in this section limits or impairs the utility commission's enforcement
authority under Subchapter K. The utility commission may assess an administrative
penalty under Section 13.4151 for a violation of this chapter or of any rule adopted under this chapter.
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