SRC-PNG S.B. 950 76(R)BILL ANALYSIS


Senate Research CenterS.B. 950
76R5388 CBH-FBy: Duncan
Natural Resources
4/8/1999
Committee Report (Amended)


DIGEST 

Currently, commercially owned and operated multi-family residential
properties, such as apartment complexes and manufactured home rental
communities, normally receive water and wastewater service from the local
public utility on a master meter basis.  Submetering is an integral part of
the Texas water conservation policy and should be encouraged.  However,
submetering is currently not authorized at manufactured housing rental
communities.  This bill would authorize submetering at manufactured housing
rental communities in order to encourage the conservation of the state's
water resources. 

PURPOSE

As proposed, S.B. 950 authorizes submetering at manufactured housing rental
communities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 13.503(c), Water Code) and SECTION 2 of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 13M, Water Code, as follows:

SUBCHAPTER M.  New heading: SUBMETERING AND NONMETERING FOR APARTMENTS AND
MANUFACTURED HOME RENTAL COMMUNITIES AND OTHER MULTIPLE USE FACILITIES. 

Sec.  13.501.  DEFINITIONS.  Redefines "dwelling unit," "manufactured home
rental community,"  and "owner."  Deletes the definition of "mobile home
park." 

Sec.  13.502.  SUBMETERING.  Makes a conforming change.

Sec.  13.503.  SUBMETERING RULES.  Requires the Texas Natural Resource
Conservation Commission (TNRCC) to encourage submetering of individual
rental or dwelling units by master meter operators to enhance the
conservation of water resources.  Requires the rules to require that
certain individuals may not impose on the tenant any extra charges, over
and above the cost per gallon and any applicable taxes and surcharges that
are charged by the retail public utility to the owner or manager.  Requires
the rules to authorize a manufactured home community owner or manager to
impose a service charge of not more than nine percent of the costs related
to submetering allocated to each submetered rental or dwelling unit, in
addition to the charges permitted under Subsection (b).  Makes conforming
and nonsubstantive changes. 

Sec.  13.5031.  NONSUBMETERING RULES.  Makes conforming changes.

Sec.  13.504.  IMPROPER RENTAL RATE INCREASE.  Makes conforming changes.

Sec.  13.505.  ENFORCEMENT.  Makes conforming changes.

 SECTION 2. Requires TNRCC to adopt rules to implement the changes made to
Chapter 13M, Water Code, by this Act as soon after the effective date of
this Act as possible.   

SECTION 3. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 13.501, Chapter 13M, Water Code, to redefine "manufactured
home rental community."  Amends Section 13.503, Water Code, concerning
submetering rules.  Deletes proposed Section 13.503, Water Code.