Amend CSSB 590 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 184.071, Utilities Code, is amended to
read as follows:
Sec. 184.071. LIABILITY. (a) A landlord or owner of a
marina who violates a commission rule relating to submetering of
electric utilities consumed exclusively in a tenant's dwelling unit
or marina facility or a rule relating to the allocation of central
system utility costs or nonsubmetered master metered electric
utility costs is liable to the tenant for:
(1) three times the amount of any overcharge;
(2) a civil penalty equal to one month's rent;
(3) reasonable attorney's fees; and
(4) court costs.
(b) A landlord or owner of a marina is not liable for the
civil penalty provided by Subsection (a)(2) if the landlord or
owner of a marina proves that the <landlord's> violation of the
rule was an unintentional mistake made in good faith.
SECTION 2. Chapter 184, Utilities Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. METERING FOR TENANTS OF MARINAS
Sec. 184.121. DEFINITIONS. In this subchapter:
(1) "Marina" means a business entity that leases dock
space for boats or facilities related to boats.
(2) "Marina electric facility costs" means all costs
incurred by an owner of a marina that are associated with the
purchase, development, engineering, construction, billing costs,
and maintenance of facilities and equipment owned by the marina
that relate in any way to the provision of electricity to marina
tenants.
(3) "Nonsubmetered master metered electric energy
service" means an electric energy utility service that is master
metered for tenants of a marina but is not submetered.
Sec. 184.122. ELECTRIC SUBMETERING. (a) The owner of a
marina that leases a majority of its leased dock space to owners of
boats less than 70 feet long may submeter each facility the marina
leases to a tenant to measure the quantity of electricity consumed
by the tenant.
(b) Electric submetering equipment is subject to:
(1) the same rules adopted by the commission for
accuracy, testing, and recordkeeping of meters installed by
electric utilities; and
(2) the meter testing requirements of Subchapter C,
Chapter 38.
(c) If during the 90 days before the date the owner of a
marina installs individual electric meters or submeters at the
marina the owner increases rental rates and the increase in rental
rates is attributable to the increased cost of electricity, the
owner, on installation of the meters or submeters, shall:
(1) immediately reduce the rental rate by the amount
of the increase attributable to the increased cost of electricity;
and
(2) refund the amount of the increased rent:
(A) collected in the 90-day period preceding the
installation of the meters or submeters; and
(B) attributable to the increased cost of
electricity.
(d) This section does not apply to an increase in rental
rates or separate charges attributable to marina electric facility
costs.
Sec. 184.123. RULES RELATING TO SUBMETERED SERVICE. (a) The
commission shall adopt rules under which an owner of a marina for
which electricity is not individually metered may install
submetering equipment to allocate fairly the cost of the electrical
consumption of each leased facility of the marina.
(b) In addition to other appropriate safeguards for a tenant
leasing a facility of a marina, a rule adopted under this section
must provide that the owner of a marina that has installed
submetering equipment:
(1) may not charge a tenant more than the total cost
charged by the retail electric provider to the owner; and
(2) shall maintain adequate records relating to
submetering and make those records available for inspection by a
tenant during reasonable business hours.
Sec. 184.124. RULES RELATING TO NONSUBMETERED MASTER METERED
SERVICE. (a) The commission shall adopt rules governing billing
systems or methods used by a marina to prorate or allocate among
the marina's tenants nonsubmetered master metered electric energy
service costs.
(b) In addition to other appropriate safeguards for a tenant
leasing a facility of a marina, a rule adopted under this section
must require that:
(1) the lease agreement contain:
(A) a clear written description of the method of
computing the allocation of nonsubmetered master metered electric
energy service for the tenant; and
(B) a statement of the average tenant's monthly
bill for all tenants' nonsubmetered master metered electric energy
service costs for the previous calendar year; and
(2) the owner of a marina:
(A) not impose a charge on a tenant in excess of
the actual charge imposed on the owner for electric energy
consumption by the marina's tenants;
(B) maintain adequate records, including
electric utility bills and records concerning the nonsubmetered
master metered electric energy service consumption by the marina's
tenants, the charges assessed by the retail electric provider, and
the allocation of the nonsubmetered master metered electric energy
service costs among the tenants; and
(C) make the records described by Paragraph (B)
available for inspection by the tenants during normal business
hours.
Sec. 184.125. MARINA ELECTRIC FACILITY COSTS. This
subchapter may not be construed to provide the commission the
authority to regulate, modify, or prohibit an owner of a marina
from charging marina tenants for marina electric facility costs.
Sec. 184.126. EFFECT OF RULES. A rule adopted under this
subchapter has the same effect as a rule adopted under Title 2, and
a utility company and the owner of a marina subject to this
subchapter are subject to enforcement under Sections 15.021,
15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.
SECTION 3. The Public Utility Commission of Texas shall
adopt rules under Subchapter F, Chapter 184, Utilities Code, as
added by this Act, as soon as is practicable. The rules must take
effect not later than January 1, 2002.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2001.