1-1     By:  Lewis of Orange (Senate Sponsor - Brown)         H.B. No. 2404
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Brown
 1-7           Amend H.B. 2404 by adding a new SECTION 3 and by renumbering
 1-8     the following section appropriately:
 1-9           SECTION 3.  Section 91.006, Property Code, is amended to read
1-10     as follows:
1-11           Sec. 91.006.  LANDLORD'S DUTY TO MITIGATE DAMAGES.
1-12     (a)  Subject to Subsection (b), a [A] landlord has a duty to make
1-13     reasonable efforts to mitigate damages if a tenant abandons the
1-14     leased premises in violation of the lease.
1-15           (b)  A provision of a lease with an original term of five
1-16     years or less that purports to waive a right or to exempt a
1-17     landlord from a liability or duty under this section is void.
1-18     COMMITTEE AMENDMENT NO. 2                                By:  Brown
1-19     Amend Sec. 13.506(b) of SECTION 2 of H.B. 2404 by adding the phrase
1-20     "under Subsection (a)" after the phrase "submetered or allocated
1-21     water service".
1-22                            A BILL TO BE ENTITLED
1-23                                   AN ACT
1-24     relating to the submetering and allocation of water service in
1-25     apartment houses, manufactured home rental communities,
1-26     condominiums, and other multiple use facilities.
1-27           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28           SECTION 1. Section 13.502, Water Code, is amended to read as
1-29     follows:
1-30           Sec. 13.502. SUBMETERING. (a) An apartment house owner,
1-31     manufactured home rental community owner, multiple use facility
1-32     owner, or condominium manager may provide for submetering of each
1-33     dwelling unit or rental unit for the measurement of the quantity of
1-34     water, if any, consumed by the occupants of that unit.
1-35           (b)  Except as provided by Subsections (c) and (d), a manager
1-36     of a condominium or the owner of an apartment house, manufactured
1-37     home rental community, or multiple use facility, on which
1-38     construction begins after January 1, 2003, shall provide for the
1-39     measurement of the quantity of water, if any, consumed by the
1-40     occupants of each unit through the installation of:
1-41                 (1)  submeters, owned by the property owner or manager,
1-42     for each dwelling unit or rental unit; or
1-43                 (2)  individual meters, owned by the retail public
1-44     utility, for each dwelling unit or rental unit.
1-45           (c)  An owner of an apartment house on which construction
1-46     begins after January 1, 2003, and which provides government
1-47     assisted or subsidized rental housing to low or very low income
1-48     residents shall install a plumbing system in the apartment house
1-49     that is compatible with the installation of submeters for the
1-50     measurement of the quantity of water, if any, consumed by the
1-51     occupants of each unit.
1-52           (d)  On request by the property owner or manager, a retail
1-53     public utility shall install individual meters owned by the utility
1-54     in an apartment house, manufactured home rental community, multiple
1-55     use facility, or condominium on which construction begins after
1-56     January 1, 2003, unless the retail public utility determines that
1-57     installation of meters is not feasible. If the retail public
1-58     utility determines that installation of meters is not feasible, the
1-59     property owner or manager shall install a plumbing system that is
1-60     compatible with the installation of submeters or individual meters.
1-61     A retail public utility may charge reasonable costs to install
 2-1     individual meters.
 2-2           (e)  An owner of an apartment house, manufactured home rental
 2-3     community, or multiple use facility or a manager of a condominium
 2-4     may not change from submetered billing to allocated billing unless:
 2-5                 (1)  the executive director approves of the change in
 2-6     writing after a demonstration of good cause, including meter
 2-7     reading or billing problems that could not feasibly be corrected or
 2-8     equipment failures; and
 2-9                 (2)  the property owner meets rental agreement
2-10     requirements established by the commission.
2-11           SECTION 2. Subchapter M, Chapter 13, Water Code, is amended
2-12     by adding Section 13.506 to read as follows:
2-13           Sec. 13.506. PLUMBING FIXTURES. (a)  After January 1, 2003,
2-14     before an owner of an apartment house, manufactured home rental
2-15     community, or multiple use facility or a manager of a condominium
2-16     may implement a program to bill tenants for submetered or allocated
2-17     water service, the owner or manager must:
2-18                 (1)  meet the standards prescribed by Section 372.002,
2-19     Health and Safety Code, for sink or lavatory faucets, faucet
2-20     aerators, and showerheads; and
2-21                 (2)  perform a water leak audit of each dwelling unit
2-22     or rental unit and each common area and repair any leaks found.
2-23           (b)  Not later than the first anniversary of the date an
2-24     owner of an apartment house, manufactured home rental community, or
2-25     multiple use facility or a manager of a condominium begins to bill
2-26     for submetered or allocated water service, the owner or manager
2-27     shall:
2-28                 (1)  remove any toilets that exceed a maximum flow of
2-29     3.5 gallons of water per flushing; and
2-30                 (2)  install 1.6-gallon toilets that meet the standards
2-31     prescribed by Section 372.002, Health and Safety Code.
2-32           (c)  Subsections (a) and (b) do not apply to a manufactured
2-33     home rental community owner who does not own the manufactured homes
2-34     located on the property of the manufactured home rental community.
2-35           SECTION 3. (a)  This Act takes effect September 1, 2001.
2-36           (b)  The Texas Natural Resource Conservation Commission shall
2-37     enact rules to implement Section 13.506, Water Code, as added by
2-38     this Act, and the changes in law made by this Act to Section
2-39     13.502, Water Code, not later than September 1, 2002.
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