Name: Powerless: Keeping the Lights on for Tenants, from the Property Code to the Constitution
Start: 2026-09-04T11:30:00-0500
End: 2026-09-04T12:30:00-0500

Powerless: Keeping the Lights on for Tenants, from the Property Code to the Constitution

Friday September 4, 2026 11:30am - 12:30pm CDT

Grand Salons AB

Tenant’s rights to prevent utility shutoffs exist on paper, but not in practice. Although the Texas Legislature implemented what were intended to be accessible, pro se-friendly statutes for both pre- and post-utility termination remedies, those remedies can leave tenants in the dark for weeks. Tenants in manufactured home communities face even more difficulties due to the differences between Chapter 94 and Chapter 92 of the Property Code.

The pre-termination remedy, Section 92.301 of the Property Code, protects master-metered tenants from landlords who don’t pay their bills to the utility company. But tenants can only exercise their right to avoid a cutoff at the utility’s whim.

The post-termination remedy, Section 92.0091 of the Property Code (the writ of restoration), is more accessible in practice. But because it is only accessible post-termination, tenants can go without utilities for weeks while they scramble to hold their landlord in contempt of court. If 92.301 worked, this problem would be significantly mitigated.
This presentation will discuss ongoing constitutional litigation regarding pre-termination shutoffs: terminating an innocent tenant’s utilities violates the 14th Amendment’s due process and equal protection clauses. It will demonstrate how to advocate for tenants facing utility shutoffs outside of court before termination, in Justice Court after termination, and in courts of record for constitutional advocacy. It will also discuss a work-in-progress white paper addressing this problem.

Speakers

Adam Pirtle

Staff Attorney, Legal Aid of NorthWest Texas

Haley Varnadoe

Staff Attorney, Legal Aid of NorthWest Texas

Haley is a staff attorney with the Community Revitalization Project at Legal Aid of NorthWest Texas. Born and raised in Appalachia, her passion for protecting people and environmental resources from industrial exploitation started young. She focuses on environmental justice in the... Read More →

Benjamin Gerzik

Legal Aid of NorthWest Texas, Community Revitalization Project

Friday September 4, 2026 11:30am - 12:30pm CDT
Grand Salons AB

Housing and Consumer

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2026 Poverty Law Conference

Adam Pirtle

Haley Varnadoe

Benjamin Gerzik

Attendees (13)

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Success you have shared X tickets.

2026 Poverty Law Conference

Adam Pirtle

Haley Varnadoe

Benjamin Gerzik

Attendees (13)

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