SRC-MWN, JEC C.S.S.B. 1330 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1330
7712917 MTB-DBy: Brown, J. E. "Buster"
Natural Resources
4/20/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Submetering is a more accurate way of measuring water consumption in
multifamily housing than simply dividing the water bill.  Older plumbing
fixtures are less efficient than more modern ones. C.S.S.B. 1330 requires
owners of certain multifamily housing structures to use submetering to
measure the quantity of water consumed by occupants of an individual unit.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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

(b) Requires 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, except as provided by
Subsections (c) and (d), to provide for the measurement of the quantity of
water, if any, consumed by the occupants of each unit through the
installation of certain submeters or meters. 

(c) Requires an owner of an apartment house on which construction began
before 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 utility, on request by the property owner or
manager, 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 the property owner or manager, if the retail public
utility determines that installation of meters is not feasible, 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) Provides 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 is authorized to
implement a program to bill tenants for submetered or allocated water
service, the owner or manager is required to perform certain procedures. 

(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 perform certain
procedures. 

(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 commission to adopt rules to implement this Act not later
than September 1, 2002. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 1330 by amending proposed Section 13.502
(SUBMETERING), Water Code. 

SECTION 2. Amends As Filed S.B. 1330 by amending proposed Section 13.506,
Water Code. 

SECTION 3. Amends As Filed S.B. 1330 by deleting the stipulation that
Section 2 of this Act takes effect January 1, 2003.  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, rather than January 1, 2002.