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.
2-40 * * * * *