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.