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Texas judge gives split ruling on utility shutoff lawsuit, pushing some claims to state regulators

Losing electricity during a winter cold snap can quickly become a health and safety emergency.

Icicles hanging from a roofline.

Photo Credit: iStock

A district judge has handed utility companies in Texas a partial victory by dismissing several claims in a lawsuit brought by a resident who alleged their landlord failed to pay the electric bill, leaving them without power during a severe winter storm in January.

What happened?

According to KCBD, the lawsuit was initially filed by Maria Jesus Tucker, the tenant, against Lubbock's mayor and city council, Ambit Energy Texas, and Lubbock Power and Light. 

District Court Judge J. Phillip Hays reportedly ruled that Lubbock Power and Light is no longer part of the case. He also dismissed Tucker's claims against the utility's officers and managers, along with members of the Lubbock City Council and the Electric Utility Board.

Hays also ruled, as KCBD reported, that the allegations involving Ambit Energy Texas will be referred to the Texas Public Utility Commission.

According to the outlet, Tucker was left with a potentially dangerous scenario after her landlord failed to pay a winter power bill. Tucker tried to pay Ambit herself, but the utility refused as the landlord was the individual listed on the property's account. 

Before the cold weather arrived, Tucker and her attorneys at Legal Aid of Northwest Texas obtained an order restoring service because of the conditions.

The case highlights a basic problem many renters can face: Even if they are willing to pay to keep essential services on, they may have little control when a landlord holds the account. Losing electricity during a winter cold snap can quickly become a health and safety emergency.

What's being done?

Next, the Public Utility Commission will take up the questions involving electric service and shutoff procedures while the court case remains paused. Tucker's attorney, Benjamin Gerzik of Legal Aid of Northwest Texas, said his team is meeting with Tucker to decide next steps, KCBD reported.

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The case raises questions about tenant protections, including notice, payment options, and what rights renters have when a landlord fails to pay utility bills. In a statement cited by KCBD, the utility said it was sympathetic to Tucker's complaints about her former landlord but argued that the complaints contradict state and federal laws. 

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