By:  Smithee                                          H.B. No. 1026
       73R1354 JJT-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to water submetering of newly constructed apartments,
    1-3  condominium projects, mobile home parks, and multiple use
    1-4  facilities.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 13.502, Water Code, is amended to read as
    1-7  follows:
    1-8        Sec. 13.502.  WATER SUBMETERING.  (a)  An apartment house
    1-9  owner, mobile home park owner, multiple use facility owner, <or>
   1-10  condominium manager, or property owners association  may provide
   1-11  for submetering of each dwelling unit or rental unit for the
   1-12  measurement of the quantity of water, if any, consumed by the
   1-13  occupants of that unit.
   1-14        (b)  If the date of electrical service for initial
   1-15  construction of an apartment house, mobile home park, multiple use
   1-16  facility, or condominium project is on or after January 1, 1994,
   1-17  the construction shall provide for individual water metering,
   1-18  submetering, or plumbing designed for future submetering by the
   1-19  owner of each unit for the measurement of the quantity of water
   1-20  consumed by the occupants of that unit.
   1-21        (c)  A municipality, including a home-rule municipality, may
   1-22  not issue a permit, certificate, or other authorization for the
   1-23  construction or occupancy of a new apartment house, mobile home
   1-24  park, multiple use facility, or condominium project unless the
    2-1  construction plans comply with the requirements of this section.
    2-2        (d)  An apartment house owner, mobile home park owner,
    2-3  multiple use facility owner, condominium manager, or property
    2-4  owners association may not be required to install individual
    2-5  meters, submeters, or plumbing designed for future submetering if
    2-6  the date for electrical service for initial construction of the
    2-7  apartment house, mobile home park, multiple use facility, or
    2-8  condominium unit is before January 1, 1994.
    2-9        SECTION 2.  Section 13.504, Water Code, is amended to read as
   2-10  follows:
   2-11        Sec. 13.504.  Improper Rental Rate Increase.  If, during the
   2-12  90-day period preceding the installation of individual meters or
   2-13  submeters, an owner, operator, or manager of an apartment house,
   2-14  mobile home park, condominium project, or other multiple use
   2-15  facility has increased rental rates and the increase is
   2-16  attributable to increased costs of utilities, the owner, operator,
   2-17  or manager shall immediately reduce the rental rate by the amount
   2-18  of the increase and refund all of the increase that has previously
   2-19  been collected within the 90-day period.
   2-20        SECTION 3.  This Act takes effect September 1, 1993.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.