By: Jackson S.B. No. 590
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to electric utility service to tenants of marinas;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 184.071, Utilities Code, is amended to
1-6 read as follows:
1-7 Sec. 184.071. LIABILITY. (a) A landlord or owner of a
1-8 marina who violates a commission rule relating to submetering of
1-9 electric utilities consumed exclusively in a tenant's dwelling unit
1-10 or marina facility or a rule relating to the allocation of central
1-11 system utility costs or nonsubmetered master metered electric
1-12 utility costs is liable to the tenant for:
1-13 (1) three times the amount of any overcharge;
1-14 (2) a civil penalty equal to one month's rent;
1-15 (3) reasonable attorney's fees; and
1-16 (4) court costs.
1-17 (b) A landlord or owner of a marina is not liable for the
1-18 civil penalty provided by Subsection (a)(2) if the landlord or
1-19 owner of a marina proves that the [landlord's] violation of the
1-20 rule was an unintentional mistake made in good faith.
1-21 SECTION 2. Chapter 184, Utilities Code, is amended by adding
1-22 Subchapter F to read as follows:
1-23 SUBCHAPTER F. METERING FOR TENANTS OF MARINAS
1-24 Sec. 184.121. DEFINITIONS. In this subchapter:
1-25 (1) "Marina" means a business entity that leases dock
2-1 space for boats or facilities related to boats.
2-2 (2) "Marina electric facility costs" means all costs
2-3 incurred by an owner of a marina that are associated with the
2-4 purchase, development, engineering, construction, billing costs,
2-5 and maintenance of facilities and equipment owned by the marina
2-6 that relate in any way to the provision of electricity to marina
2-7 tenants.
2-8 (3) "Nonsubmetered master metered electric energy
2-9 service" means an electric energy utility service that is master
2-10 metered for tenants of a marina but is not submetered.
2-11 Sec. 184.122. ELECTRIC SUBMETERING. (a) The owner of a
2-12 marina that leases a majority of its leased dock space to owners of
2-13 boats less than 70 feet long may submeter each facility the marina
2-14 leases to a tenant to measure the quantity of electricity consumed
2-15 by the tenant.
2-16 (b) Electric submetering equipment is subject to:
2-17 (1) the same rules adopted by the commission for
2-18 accuracy, testing, and recordkeeping of meters installed by
2-19 electric utilities; and
2-20 (2) the meter testing requirements of Subchapter C,
2-21 Chapter 38.
2-22 (c) If during the 90 days before the date the owner of a
2-23 marina installs individual electric meters or submeters at the
2-24 marina the owner increases rental rates and the increase in rental
2-25 rates is attributable to the increased cost of electricity, the
2-26 owner, on installation of the meters or submeters, shall:
3-1 (1) immediately reduce the rental rate by the amount
3-2 of the increase attributable to the increased cost of electricity;
3-3 and
3-4 (2) refund the amount of the increased rent:
3-5 (A) collected in the 90-day period preceding the
3-6 installation of the meters or submeters; and
3-7 (B) attributable to the increased cost of
3-8 electricity.
3-9 (d) This section does not apply to an increase in rental
3-10 rates or separate charges attributable to marina electric facility
3-11 costs.
3-12 Sec. 184.123. RULES RELATING TO SUBMETERED SERVICE. (a)
3-13 The commission shall adopt rules under which an owner of a marina
3-14 for which electricity is not individually metered may install
3-15 submetering equipment to allocate fairly the cost of the electrical
3-16 consumption of each leased facility of the marina.
3-17 (b) In addition to other appropriate safeguards for a tenant
3-18 leasing a facility of a marina, a rule adopted under this section
3-19 must provide that the owner of a marina that has installed
3-20 submetering equipment:
3-21 (1) may not charge a tenant more than the total cost
3-22 charged by the retail electric provider to the owner; and
3-23 (2) shall maintain adequate records relating to
3-24 submetering and make those records available for inspection by a
3-25 tenant during reasonable business hours.
3-26 Sec. 184.124. RULES RELATING TO NONSUBMETERED MASTER METERED
4-1 SERVICE. (a) The commission shall adopt rules governing billing
4-2 systems or methods used by a marina to prorate or allocate among
4-3 the marina's tenants nonsubmetered master metered electric energy
4-4 service costs.
4-5 (b) In addition to other appropriate safeguards for a tenant
4-6 leasing a facility of a marina, a rule adopted under this section
4-7 must require that:
4-8 (1) the lease agreement contain:
4-9 (A) a clear written description of the method of
4-10 computing the allocation of nonsubmetered master metered electric
4-11 energy service for the tenant; and
4-12 (B) a statement of the average tenant's monthly
4-13 bill for all tenants' nonsubmetered master metered electric energy
4-14 service costs for the previous calendar year; and
4-15 (2) the owner of a marina:
4-16 (A) not impose a charge on a tenant in excess of
4-17 the actual charge imposed on the owner for electric energy
4-18 consumption by the marina's tenants;
4-19 (B) maintain adequate records, including
4-20 electric utility bills and records concerning the nonsubmetered
4-21 master metered electric energy service consumption by the marina's
4-22 tenants, the charges assessed by the retail electric provider, and
4-23 the allocation of the nonsubmetered master metered electric energy
4-24 service costs among the tenants; and
4-25 (C) make the records described by Paragraph (B)
4-26 available for inspection by the tenants during normal business
5-1 hours.
5-2 Sec. 184.125. MARINA ELECTRIC FACILITY COSTS. This
5-3 subchapter may not be construed to provide the commission the
5-4 authority to regulate, modify, or prohibit an owner of a marina
5-5 from charging marina tenants for marina electric facility costs.
5-6 Sec. 184.126. EFFECT OF RULES. A rule adopted under this
5-7 subchapter has the same effect as a rule adopted under Title 2, and
5-8 a utility company and the owner of a marina subject to this
5-9 subchapter are subject to enforcement under Sections 15.021,
5-10 15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.
5-11 SECTION 3. The Public Utility Commission of Texas shall
5-12 adopt rules under Subchapter F, Chapter 184, Utilities Code, as
5-13 added by this Act, as soon as is practicable. The rules must take
5-14 effect not later than January 1, 2002.
5-15 SECTION 4. This Act takes effect immediately if it receives
5-16 a vote of two-thirds of all the members elected to each house, as
5-17 provided by Section 39, Article III, Texas Constitution. If this
5-18 Act does not receive the vote necessary for immediate effect, this
5-19 Act takes effect September 1, 2001.