(a) 
Penalty. Any person violating any provision of subsection (b) shall be deemed guilty of a misdemeanor and punished by a fine not exceeding two hundred dollars ($200.00). This penalty shall be in addition to any penalty assessed for the theft of such service as provided in section 31.04 of the Texas Penal Code.
(b) 
Unlawful conduct.
(1) 
It shall be unlawful for any person or any agency, servant or employee thereof to secure or attempt to secure utility service, whether electric, gas or water, by physically or electrically tampering with or damaging the metering, meter seals or locks and/or connecting, paralleling or bypassing load usage on the line or company side of metered or unmetered utility services by any means or devices in order to avoid paying for usage of the utility services or knowingly using services that have been obtained by these means.
(2) 
It shall be unlawful for any employee of a utility company within the city to perform the above-stated unlawful acts that result in the avoidance or improper metering of the utility service such employee is charged with servicing.
The above unlawful acts shall not apply to licensed electricians or plumbers during the performance of maintenance or emergency repairs or to such persons acting on the request from the fire or police officials in emergency situations; provided, however, any such acts shall be reported to the affected utility within seventy-two (72) hours of such act or, if not reported, such person performing the act shall be deemed guilty of a misdemeanor.
(1959 Code, sec. 19-20.5; Ordinance 7760, sec. 1, adopted 11/9/1978; 1983 Code, secs. 18-13, 18-14)
(a) 
Requirements for the reimbursement of water and sewer tap charges are as follows:
(1) 
The agency applying for reimbursement of water and [sewer] tap charges meets all the qualifications set forth in this section;
(2) 
Only the cost of water and sewer taps will be reimbursed under this section. Any associated costs for the tap, including, but not limited to, paving repairs, are not reimbursable;
(3) 
Only one (1) three-quarter-inch meter and one (1) four-inch sewer will be reimbursable per house;
(4) 
Only new construction of one-family dwelling units, as defined pursuant to section 40.01.003(59) of this Code of Ordinances, is eligible for reimbursement;
(5) 
Eligible homes must be built in the designated community development block grant areas, as determined by the United States Department of Housing and Urban Development;
(6) 
Eligible homes must be sold to households at or below eighty (80) percent of the median family income, as determined annually by the United States Department of Housing and Urban Development; and
(7) 
The new homeowners must reside in the house.
(b) 
An agency must meet all of the following requirements in order to qualify for reimbursement of water and sewer tap charges:
(1) 
The agency must be a nonprofit organization that builds affordable housing within the limits of the City of Lubbock;
(2) 
The builder and/or the agency are responsible for all water charges from the time the tap is made until the time the house is sold. Said water charges are not reimbursable;
(3) 
Agencies must initiate and pay for the costs of the water and sewer taps during the construction phase of the house;
(4) 
After closing the sale of the house, the agency may apply for reimbursement of costs of water and sewer taps; and
(5) 
The agency representative shall present all required documentation to the City of Lubbock Community Development Department in order to apply for the reimbursement.
(c) 
At the time of application for reimbursement, the following documentation shall be required in order for an agency to be eligible:
(1) 
A letter or other proof from the State of Texas detailing the agency’s nonprofit status;
(2) 
Documents proving the sale of the house to new homeowners;
(3) 
Income verification of the new homeowners; and
(4) 
Size of the household to be living in the house and any other appropriate demographic information as may be required.
(1983 Code, sec. 28-60; Ordinance 2000-O0016, sec. 1, adopted 4/6/2000)
If amounts billed for utility services, other than electric or gas utilities, are different than the city’s approved rates, or if the city fails to bill the customer for services, a billing adjustment may be calculated by the city when such over or under billing is discovered by the city in the following manner:
(1) 
Over billing. If the customer was over billed, an adjustment may be made for the over billings up to six (6) months preceding the discovery of the billing error.
(2) 
Under billing. If the customer was under billed, the city may bill the customer for the under billed amount. The back billing will not exceed a period of six (6) months preceding the discovery unless such billing is a result of meter tampering, bypass, unauthorized use of services, or theft of services.
(Ordinance 2022-O0143 adopted 10/11/2022)
Utility services, other than electric or gas utilities, may prorate monthly fees according to policies and procedures adopted by the city manager.
(Ordinance 2022-O0143 adopted 10/11/2022)