1-1 AN ACT
1-2 relating to the submetering and allocation of water service in
1-3 apartment houses, manufactured home rental communities,
1-4 condominiums, and other multiple use facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 13.502, Water Code, is amended to read as
1-7 follows:
1-8 Sec. 13.502. SUBMETERING. (a) An apartment house owner,
1-9 manufactured home rental community owner, multiple use facility
1-10 owner, or condominium manager may provide for submetering of each
1-11 dwelling unit or rental unit for the measurement of the quantity of
1-12 water, if any, consumed by the occupants of that unit.
1-13 (b) Except as provided by Subsections (c) and (d), a manager
1-14 of a condominium or the owner of an apartment house, manufactured
1-15 home rental community, or multiple use facility, on which
1-16 construction begins after January 1, 2003, shall provide for the
1-17 measurement of the quantity of water, if any, consumed by the
1-18 occupants of each unit through the installation of:
1-19 (1) submeters, owned by the property owner or manager,
1-20 for each dwelling unit or rental unit; or
1-21 (2) individual meters, owned by the retail public
1-22 utility, for each dwelling unit or rental unit.
1-23 (c) An owner of an apartment house on which construction
1-24 begins after January 1, 2003, and which provides government
2-1 assisted or subsidized rental housing to low or very low income
2-2 residents shall install a plumbing system in the apartment house
2-3 that is compatible with the installation of submeters for the
2-4 measurement of the quantity of water, if any, consumed by the
2-5 occupants of each unit.
2-6 (d) On request by the property owner or manager, a retail
2-7 public utility shall install individual meters owned by the utility
2-8 in an apartment house, manufactured home rental community, multiple
2-9 use facility, or condominium on which construction begins after
2-10 January 1, 2003, unless the retail public utility determines that
2-11 installation of meters is not feasible. If the retail public
2-12 utility determines that installation of meters is not feasible, the
2-13 property owner or manager shall install a plumbing system that is
2-14 compatible with the installation of submeters or individual meters.
2-15 A retail public utility may charge reasonable costs to install
2-16 individual meters.
2-17 (e) An owner of an apartment house, manufactured home rental
2-18 community, or multiple use facility or a manager of a condominium
2-19 may not change from submetered billing to allocated billing unless:
2-20 (1) the executive director approves of the change in
2-21 writing after a demonstration of good cause, including meter
2-22 reading or billing problems that could not feasibly be corrected or
2-23 equipment failures; and
2-24 (2) the property owner meets rental agreement
2-25 requirements established by the commission.
2-26 SECTION 2. Subchapter M, Chapter 13, Water Code, is amended
2-27 by adding Section 13.506 to read as follows:
3-1 Sec. 13.506. PLUMBING FIXTURES. (a) After January 1, 2003,
3-2 before an owner of an apartment house, manufactured home rental
3-3 community, or multiple use facility or a manager of a condominium
3-4 may implement a program to bill tenants for submetered or allocated
3-5 water service, the owner or manager must:
3-6 (1) meet the standards prescribed by Section 372.002,
3-7 Health and Safety Code, for sink or lavatory faucets, faucet
3-8 aerators, and showerheads; and
3-9 (2) perform a water leak audit of each dwelling unit
3-10 or rental unit and each common area and repair any leaks found.
3-11 (b) Not later than the first anniversary of the date an
3-12 owner of an apartment house, manufactured home rental community, or
3-13 multiple use facility or a manager of a condominium begins to bill
3-14 for submetered or allocated water service under Subsection (a), the
3-15 owner or manager shall:
3-16 (1) remove any toilets that exceed a maximum flow of
3-17 3.5 gallons of water per flushing; and
3-18 (2) install 1.6-gallon toilets that meet the standards
3-19 prescribed by Section 372.002, Health and Safety Code.
3-20 (c) Subsections (a) and (b) do not apply to a manufactured
3-21 home rental community owner who does not own the manufactured homes
3-22 located on the property of the manufactured home rental community.
3-23 SECTION 3. (a) This Act takes effect September 1, 2001.
3-24 (b) The Texas Natural Resource Conservation Commission shall
3-25 enact rules to implement Section 13.506, Water Code, as added by
3-26 this Act, and the changes in law made by this Act to Section
3-27 13.502, Water Code, not later than September 1, 2002.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2404 was passed by the House on May
5, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2404 on May 24, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2404 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2404 was passed by the Senate, with
amendments, on May 22, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 2404 on May 27, 2001, by a viva-voce
vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor