1-1  By:  Barrientos                                        S.B. No. 375
    1-2        (In the Senate - Filed February 17, 1993; February 17, 1993,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  March 9, 1993, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; March 9, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker             x                               
    1-9        Lucio              x                               
   1-10        Ellis              x                               
   1-11        Haley              x                               
   1-12        Harris of Dallas   x                               
   1-13        Harris of Tarrant                              x   
   1-14        Leedom                                         x   
   1-15        Madla                                          x   
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth                                      x   
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to metering for water usage in newly constructed
   1-22  apartments, condominium projects, mobile home parks, and multiple
   1-23  use facilities.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 13.502, Water Code, is amended to read as
   1-26  follows:
   1-27        Sec. 13.502.  WATER SUBMETERING.  (a)  An apartment house
   1-28  owner, mobile home park owner, multiple use facility owner, <or>
   1-29  condominium manager, or property owners association may provide for
   1-30  submetering of each dwelling unit or rental unit for the
   1-31  measurement of the quantity of water, if any, consumed by the
   1-32  occupants of that unit.
   1-33        (b)  The initial construction of an apartment house, mobile
   1-34  home park, multiple use facility, or condominium project shall
   1-35  provide for individual water metering, submetering, or plumbing
   1-36  designed for future submetering by the owner of each unit for the
   1-37  measurement of the quantity of water consumed by the occupants
   1-38  within that unit.
   1-39        (c)  Subsection (b) of this section does not apply to
   1-40  construction by a nonprofit organization of a new apartment house
   1-41  for occupancy by low-income elderly tenants when the nonprofit
   1-42  organization establishes, by submission of engineering and cost
   1-43  data and a sworn statement, that all cost savings will be passed on
   1-44  to the low-income elderly tenants.
   1-45        SECTION 2.  Section 13.504, Water Code, is amended to read as
   1-46  follows:
   1-47        Sec. 13.504.  IMPROPER RENTAL RATE INCREASE.  If, during the
   1-48  90-day period preceding the installation of individual meters or
   1-49  submeters, an owner, operator, or manager of an apartment house,
   1-50  mobile home park, condominium project, or other multiple use
   1-51  facility has increased rental rates and the increase is
   1-52  attributable to increased costs of utilities, the owner, operator,
   1-53  or manager shall immediately reduce the rental rate by the amount
   1-54  of the increase and refund all of the increase that has previously
   1-55  been collected within the 90-day period.
   1-56        SECTION 3.  (a)  Except as provided by Subsection (b) of this
   1-57  section, this Act takes effect September 1, 1993.
   1-58        (b)  Subsection (b), Section 13.502, Water Code, as added by
   1-59  this Act, applies only to initial construction for which the date
   1-60  of electrical service is on or after January 1, 1994.
   1-61        SECTION 4.  The importance of this legislation and the
   1-62  crowded condition of the calendars in both houses create an
   1-63  emergency and an imperative public necessity that the
   1-64  constitutional rule requiring bills to be read on three several
   1-65  days in each house be suspended, and this rule is hereby suspended.
   1-66                               * * * * *
   1-67                                                         Austin,
   1-68  Texas
    2-1                                                         March 9, 1993
    2-2  Hon. Bob Bullock
    2-3  President of the Senate
    2-4  Sir:
    2-5  We, your Committee on Economic Development to which was referred
    2-6  S.B. No. 375, have had the same under consideration, and I am
    2-7  instructed to report it back to the Senate with the recommendation
    2-8  that it do pass and be printed.
    2-9                                                         Parker,
   2-10  Chairman
   2-11                               * * * * *
   2-12                               WITNESSES
   2-13                                                  FOR   AGAINST  ON
   2-14  ___________________________________________________________________
   2-15  Name:  Scott Royder                              x
   2-16  Representing:  Sierra Club
   2-17  City:  Austin
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   2-19  Name:  David Mintz                               x
   2-20  Representing:  TX Apartment Assoc.
   2-21  City:  Austin
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