73R8518 JJT-F
By Barrientos S.B. No. 375
Substitute the following for S.B. No. 375:
By Turner of Coleman C.S.S.B. No. 375
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to metering for water usage in newly constructed
1-3 apartments, condominium projects, manufactured housing rental
1-4 communities, and multiple use 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 complex
1-9 <house> owner, manufactured housing rental community <mobile home
1-10 park> owner, multiple use facility owner, <or> condominium manager,
1-11 or property owners association may provide for submetering of each
1-12 dwelling unit or rental unit for the measurement of the quantity of
1-13 water, if any, consumed by the occupants of that unit.
1-14 (b) If the earlier of the date of application for a building
1-15 permit or the date of electrical service for initial construction
1-16 of an apartment complex, manufactured housing rental community,
1-17 multiple use facility, or condominium project is on or after
1-18 January 1, 1994, the construction shall provide for individual
1-19 water metering or submetering or for plumbing designed so that each
1-20 individual dwelling unit can be submetered by the installation at a
1-21 later date of a submeter for the measurement of the quantity of
1-22 water consumed by the occupants of that unit.
1-23 (c) Subsection (b) of this section does not apply to
1-24 construction by a nonprofit organization of a new apartment complex
2-1 for occupancy by low-income elderly tenants when the nonprofit
2-2 organization establishes, by submission of engineering and cost
2-3 data and a sworn statement, that all cost savings will be passed on
2-4 to the low-income elderly tenants.
2-5 (d) A municipality may not issue a permit, certificate, or
2-6 other authorization for the construction or occupancy of a new
2-7 apartment complex, manufactured housing rental community, multiple
2-8 use facility, or condominium project unless the construction plans
2-9 comply with the requirements of this section.
2-10 (e) An apartment complex owner, manufactured housing rental
2-11 community owner, multiple use facility owner, condominium manager,
2-12 or property owners association may not be required to install
2-13 individual meters, submeters, or plumbing designed for future
2-14 submetering if the earlier of the date of application for a
2-15 building permit or the date for electrical service for initial
2-16 construction of the apartment complex, manufactured housing rental
2-17 community, multiple use facility, or condominium project is before
2-18 January 1, 1994. This subsection applies to expansion areas of
2-19 occupancy in a manufactured housing rental community in existence
2-20 on January 1, 1994.
2-21 SECTION 2. Section 13.504, Water Code, is amended to read as
2-22 follows:
2-23 Sec. 13.504. IMPROPER RENTAL RATE INCREASE. If, during the
2-24 90-day period preceding the installation of individual meters or
2-25 submeters, an owner, operator, or manager of an apartment complex,
2-26 manufactured housing rental community, condominium project, <house,
2-27 mobile home park> or other multiple use facility has increased
3-1 rental rates and the increase is attributable to increased costs of
3-2 utilities, the owner, operator, or manager shall immediately reduce
3-3 the rental rate by the amount of the increase and refund all of the
3-4 increase that has previously been collected within the 90-day
3-5 period.
3-6 SECTION 3. This Act takes effect January 1, 1994.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.