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. This Act takes effect September 1, 1997. 3-8 SECTION 4. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1529 passed the Senate on April 17, 1997, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 26, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1529 passed the House, with amendment, on May 23, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor