By:  Brown                                            S.B. No. 1529

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the provision of housing and utility services for

 1-2     certain dwellings.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1, Chapter 353, Acts of the 65th

 1-5     Legislature, Regular Session, 1977 (Article 1446d, Vernon's Texas

 1-6     Civil Statutes), is amended by adding Subdivision (3) to read as

 1-7     follows:

 1-8                 (3)  "Housing for older persons" means housing:

 1-9                       (A)  intended for and solely occupied by persons

1-10     62 years of age or older; or

1-11                       (B)  intended and operated for occupancy by at

1-12     least one person 55 years of age or older per dwelling unit.  To

1-13     qualify as housing for older persons under this paragraph, the

1-14     housing must have at least the following:

1-15                             (i)  significant facilities and services

1-16     specifically designed to meet the physical or social needs of older

1-17     persons or, if the provision of such facilities and services is not

1-18     practicable, the housing must be necessary to provide important

1-19     housing opportunities for older persons;

1-20                             (ii)  at least 80 percent of dwelling units

1-21     set aside for occupancy by at least one person 55 years of age or

1-22     older per dwelling unit; and

1-23                             (iii)  policies and procedures, and

 2-1     adherence thereto, which demonstrate an intent by the owner or

 2-2     manager to provide housing for persons 55 years of age or older.

 2-3           SECTION 2.  Section 2, Chapter 353, Acts of the 65th

 2-4     Legislature, Regular Session, 1977 (Article 1446d, Vernon's Texas

 2-5     Civil Statutes), is amended to read as follows:

 2-6           Sec. 2.  (a)  No incorporated city or town, including a

 2-7     home-rule city or other political subdivision of the state, may

 2-8     issue a permit, certificate, or other authorization for the

 2-9     construction or occupancy of a new apartment house or conversion to

2-10     a condominium unless the construction plan provides for individual

2-11     metering by the utility company or submetering by the owner of each

2-12     dwelling unit for the measurement of the quantity of electricity,

2-13     if any, consumed by the occupants within that dwelling unit.

2-14           (b)  The provisions of Subsection (a) of this section shall

2-15     not apply to the issuance of a permit for the construction of

2-16     housing for older persons with 100 or more dwelling units or to the

2-17     issuance of a permit to a nonprofit organization for construction

2-18     of a new apartment house for occupancy by the low-income elderly

2-19     when the nonprofit organization establishes, by submission of

2-20     engineering and cost data and a sworn statement, that all cost

2-21     savings will be passed on to the low-income elderly tenants.

2-22           (c)  An apartment house owner and a mobile home park owner

2-23     may provide for submetering of each dwelling unit for the

2-24     measurement of the quantity of electricity, if any, consumed by the

2-25     occupants within that dwelling unit.

 3-1           (d)  Before issuing a permit, certificate, or other

 3-2     authorization for the construction of housing for older persons, an

 3-3     incorporated city or town, including a home-rule city or other

 3-4     political subdivision of the state, shall require that the

 3-5     construction plan provide for the requirements for housing for

 3-6     older persons as defined in Section 1 of this Act.

 3-7           SECTION 3.  Chapter 353, Acts of the 65th Legislature,

 3-8     Regular Session, 1977 (Article 1446d, Vernon's Texas Civil

 3-9     Statutes), is amended by adding a new Section 3 and renumbering the

3-10     existing Section 3 as Section 4 to read as follows:

3-11           Sec. 3.  No apartment house owner or mobile home park owner

3-12     who provides housing for older persons pursuant to this Act may be

3-13     considered a wholesale utility customer.

3-14           Sec. 4 [3].  Notwithstanding any law to the contrary, the

3-15     Public Utility Commission of Texas shall promulgate rules,

3-16     regulations, and standards under which any owner, operator, or

3-17     manager of an apartment house or mobile home park which is not

3-18     individually metered for electricity for each dwelling unit may

3-19     install submetering equipment for each individual dwelling unit for

3-20     the purpose of fairly allocating the cost of each individual

3-21     dwelling unit's electrical consumption.  In addition to other

3-22     appropriate safeguards for the tenant, such rules and regulations

3-23     shall require (a) that an apartment house owner or mobile home park

3-24     owner shall not impose on the tenant any extra charges, over and

3-25     above the cost per kilowatt hour which is charged by the utility to

 4-1     the owner, and (b) that the apartment house owner shall maintain

 4-2     adequate records regarding submetering and shall make such records

 4-3     available for inspection by the tenant during reasonable business

 4-4     hours.  Any rule, regulation, or standard promulgated by the

 4-5     commission pursuant to this section shall be deemed to have been

 4-6     entered or adopted under the Public Utility Regulatory Act (Article

 4-7     1446c, Vernon's Texas Civil Statutes), and for purposes of

 4-8     enforcement, both utility companies and the owners, operators, or

 4-9     managers of apartment houses included in this Act are subject to

4-10     enforcement pursuant to Sections 71, 72, 73, 74, 75, 76, and 77 of

4-11     the Public Utility Regulatory Act (Article 1446c, Vernon's Texas

4-12     Civil Statutes).  All electric submetering equipment shall be

4-13     subject to the same rules, regulations, and standards established

4-14     by the Public Utility Commission for accuracy, testing, and record

4-15     keeping of meters installed by electric utilities and shall be

4-16     subject to the meter testing requirements of Section 36 of the

4-17     Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil

4-18     Statutes).

4-19           SECTION 4.  This Act takes effect September 1, 1997.

4-20           SECTION 5.  The importance of this legislation and the

4-21     crowded condition of the calendars in both houses create an

4-22     emergency and an imperative public necessity that the

4-23     constitutional rule requiring bills to be read on three several

4-24     days in each house be suspended, and this rule is hereby suspended.