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.