The Common Law
Smart water meter installation
By Luke Ellis and Caleb Snow, Fri., July 5, 2024
The city of Austin gave me notice that they will be installing a smart water meter on my property. Can they install it without my permission? Can we opt out? Can they cut off my water supply to install without scheduling?
As a public utility provider, Austin Water has a duty to maintain continuous and adequate water service at all times. This duty enables Austin Water to maintain and upgrade equipment. As a result, Austin Water can install a smart meter without the express permission of customers. However, if a customer elects to opt out and use an analog meter, Austin Water cannot install a smart meter.
If the property owner does not wish to have a smart meter installed or if they have already had one installed and wish to convert back to an analog meter, the property owner can opt out at any time. Texas has a statewide smart meter opt-out policy. In 2013, the Public Utilities Commission adopted the Non-Standard Metering Service Rule. This rule allows customers to continue receiving utility service and refuse advanced meters. This rule also allows the utility provider to assess fees to recover costs associated with customers who refuse advanced meters. Customers who opt out of the Austin Water smart meter will pay a one-time fee of $75 and a monthly $10 fee. These fees are to ensure technicians can continue to read the meters.
Austin Water has a notification procedure in place prior to installation. Austin Water also has an online map where you can check to see which properties are scheduled for installation. While unlikely, it is possible that the notice procedure is not followed and as a result a customer would not be notified, and their water would be cut off during the installation without prior notice.
For purposes of notice, Austin Water will leave door hangers on each of the properties where meters are scheduled for upgrades one or two weeks ahead of the scheduled installation. The day of installation, a technician will knock on the customer’s door to provide notice. During installation, your water service will be off for about 20 minutes. The technician crews will also leave a door hanger notification when installation is completed.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
