By Patterson S.B. No. 893
74R5060 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to construction and water and wastewater utility service
1-3 billing requirements for certain apartment complexes and
1-4 condominiums.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 92, Property Code, is amended by adding
1-7 Subchapter H to read as follows:
1-8 SUBCHAPTER H. SUBMETERING AND MASTERMETERING FOR CERTAIN
1-9 APARTMENT COMPLEXES
1-10 Sec. 92.331. APPLICABILITY. (a) This subchapter applies
1-11 only to an apartment complex that is owned by a single owner and
1-12 that has at least one building that contains more than four
1-13 dwelling units that are:
1-14 (1) occupied primarily for nontransient use; and
1-15 (2) rented for terms of one month or longer.
1-16 (b) This section does not apply to:
1-17 (1) a rooming house, dormitory, hotel, motel, or
1-18 manufactured housing rental community;
1-19 (2) an apartment complex constructed by a nonprofit
1-20 organization for occupancy by low-income, elderly tenants only if
1-21 the nonprofit organization submits engineering and cost data and a
1-22 sworn statement that establishes that all cost savings are passed
1-23 on to the low-income, elderly tenants; or
1-24 (3) an apartment complex or dwelling unit for which
2-1 prorated billing is prohibited by federal law relating to federally
2-2 assisted or subsidized housing.
2-3 Sec. 92.332. PLUMBING REQUIREMENTS FOR NEW APARTMENT
2-4 COMPLEXES. A person may not construct a new apartment complex
2-5 unless the complex is constructed with plumbing designed to allow
2-6 the owner to install water submeters to measure the quantity of
2-7 water consumed by the occupants of each dwelling unit.
2-8 Sec. 92.333. WATER ALLOCATION FOR CERTAIN APARTMENT
2-9 COMPLEXES. An owner of an apartment complex containing 50 units or
2-10 more shall charge a tenant who does not directly pay for water or
2-11 wastewater service to the utility for water and wastewater services
2-12 by measuring the tenant's consumption of services by:
2-13 (1) a water meter that:
2-14 (A) serves an individual dwelling unit or other
2-15 portion of an apartment complex; and
2-16 (B) is owned by the owner of the apartment
2-17 complex; or
2-18 (2) one or more mastermeters for measuring water
2-19 consumption for an entire apartment complex that is not submetered
2-20 under Paragraph (A) and apportioning the consumption.
2-21 Sec. 92.334. ENFORCEMENT. (a) If an owner of an apartment
2-22 complex violates this subchapter:
2-23 (1) a local government may enforce this subchapter;
2-24 and
2-25 (2) a tenant in the apartment complex may file suit
2-26 and recover exemplary damages equal to one monthly rental payment
2-27 and three times the amount of any overcharge to the tenant under
3-1 this subchapter. It is an affirmative defense to liability under
3-2 this subchapter that the owner's violation was the result of a good
3-3 faith, unintentional mistake.
3-4 (b) A party who prevails in a suit brought under this
3-5 section may recover reasonable and necessary attorney's fees from
3-6 the nonprevailing party.
3-7 (c) Chapter 41, Civil Practice and Remedies Code, does not
3-8 apply to an award of exemplary damages under this section.
3-9 SECTION 2. Title 7, Property Code, is amended by adding
3-10 Chapter 83 to read as follows:
3-11 CHAPTER 83. PROVISIONS APPLICABLE TO RESIDENTIAL CONDOMINIUMS
3-12 Sec. 83.001. PLUMBING REQUIREMENTS FOR NEW CONDOMINIUM
3-13 PROJECTS. A person may not construct a new residential condominium
3-14 project unless the project is constructed with plumbing designed
3-15 to allow the condominium manager to install water submeters to
3-16 measure the quantity of water consumed by the occupants of each
3-17 condominium unit.
3-18 Sec. 83.002. ENFORCEMENT. (a) A local government may
3-19 enforce Section 83.001.
3-20 (b) A party who prevails in a suit brought under this
3-21 section may recover reasonable and necessary attorney's fees from
3-22 the nonprevailing party.
3-23 SECTION 3. This Act takes effect January 1, 1997.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.