Enrolled Bill Summary

Senate Bill 873	Senate Author:  Creighton
Effective:  6-1-17	House Sponsor:  Murphy

            Senate Bill 873 amends the Water Code to remove the authority of a tenant, if an apartment house owner, condominium manager, manufactured home rental community owner, or other multiple use facility owner violates a rule of the Public Utility Commission of Texas (PUC) regarding submetering of utility service consumed exclusively within the tenant's dwelling unit or multiple use facility unit or nonsubmetered master metered utility costs for water and wastewater services, to recover three times the amount of any overcharge, a civil penalty equal to one month's rent, reasonable attorney's fees, and court costs from the owner or manager. Instead, if such an owner or manager violates a PUC rule regarding utility costs, the person claiming the violation may file a complaint with the PUC and, if the PUC determines that the owner or manager overcharged a complaining tenant for water or wastewater service from the retail public utility, the PUC must require the owner or manager to repay the complaining tenant the amount overcharged. The bill grants the PUC exclusive jurisdiction for violations under provisions relating to submetering and nonsubmetering for apartments and manufactured home rental communities and other multiple use facilities. The bill specifies that provisions relating to PUC submetering and nonsubmetering rules do not limit the authority of an owner, operator, or manager of an apartment house, manufactured home rental community, or multiple use facility to charge, bill for, or collect an amount that is unrelated to utility costs.