SRC-TBR H.B. 2404 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2404
77R13685 EBy: Lewis, Ron (Brown, J. E. "Buster")
Natural Resources
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, apartments can include water charges in the rent, and
allocate water bills by dividing the charges among tenants by the number of
occupants and/or square footage.  H.B. 2404 requires an owner or manager of
a new apartment house, manufactured home rental community, multiple use
facility, or condominium to provide for the submetering of each unit and
sets forth provisions regarding the installation of plumbing fixtures that
meet water savings performance standards. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13.502, Water Code, as followed:

(b)  Requires that, except as provided by Subsections (c) and (d), a
manager of a condominium or the owner of an apartment house, manufactured
home rental community, or multiple use facility, on which construction
begins after January 1, 2003, to provide for the measurement of the
quantity of water, if any, consumed by the occupants of each unit through
the installation of submeters, owned by the property owner or manager, for
each dwelling unit or rental unit or individual meters, owned by the retail
public utility, for each dwelling unit or rental unit. 

(c)  Requires that an owner of an apartment house on which construction
begins after January 1, 2003, and which provides government assisted or
subsidized rental housing to low or very low income residents to install a
plumbing system in the apartment house that is compatible with the
installation of submeters for the measurement of the quantity of water, if
any, consumed by the occupants of each unit. 

(d)  Requires a retail public facility, on request by the property owner or
manager, a retail public utility to install individual meters owned by the
utility in an apartment house, manufactured home rental community, multiple
use facility, or condominium on which construction begins after January 1,
2003, unless the retail public utility determines that installation of
meters is not feasible.  Requires that, if the retail public utility
determines that installation of meters is not feasible, the property owner
or manager to install a plumbing system that is compatible with the
installation of submeters or individual meters.  Authorizes a retail public
utility to charge reasonable costs to install individual meters. 

(e)  Prohibits an owner of an apartment house, manufactured home rental
community, or multiple use facility or a manager of a condominium from
changing from submetered billing to allocated billing unless certain
conditions are met. 

SECTION 2.  Amends Chapter 13M, Water Code, by adding Section 13.506 as
follows: 

 Sec. 13.506. PLUMBING FIXTURES. (a)  Requires that, after January 1, 2003,
before an owner of an apartment house, manufactured home rental community,
or multiple use facility or a manager of a condominium may implement a
program to bill tenants for submetered or allocated water service, the
owner or manager to meet the standards prescribed by Section 372.002,
Health and Safety Code, for sink or lavatory faucets, faucet aerators, and
showerheads and perform a water leak audit of each dwelling unit or rental
unit and each common area and repair any leaks found. 

(b)  Requires the owner or manager, not later than the first anniversary of
the date an owner of an apartment house, manufactured home rental
community, or multiple use facility or a manager of a condominium begins to
bill for submetered or allocated water service, to remove any toilets that
exceed a maximum flow of 3.5 gallons of water per flushing and install
1.6-gallon toilets that meet the standards prescribed by Section 372.002,
Health and Safety Code. 

(c)  Provides that Subsections (a) and (b) do not apply to a manufactured
home rental community owner who does not own the manufactured homes located
on the property of the manufactured home rental community. 

SECTION 3. (a)  Effective date: September 1, 2001.

(b)  Requires The Texas Natural Resource Conservation Commission to enact
rules to implement Section 13.506, Water Code, as added by this Act, and
the changes in law made by this Act to Section 13.502, Water Code, not
later than September 1, 2002.