By Jackson                                             S.B. No. 590
         77R822 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to electric utility service to tenants of marinas.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 184.071, Utilities Code, is amended to
 1-5     read as follows:
 1-6           Sec. 184.071.  LIABILITY. (a)  A landlord or owner of a
 1-7     marina who violates a commission rule relating to submetering of
 1-8     electric utilities consumed exclusively in a tenant's dwelling unit
 1-9     or marina facility or a rule relating to the allocation of central
1-10     system utility costs or nonsubmetered master metered electric
1-11     utility costs is liable to the tenant for:
1-12                 (1)  three times the amount of any overcharge;
1-13                 (2)  a civil penalty equal to one month's rent;
1-14                 (3)  reasonable attorney's fees; and
1-15                 (4)  court costs.
1-16           (b)  A landlord or owner of a marina is not liable for the
1-17     civil penalty provided by Subsection (a)(2) if the landlord or
1-18     owner of a marina proves that the [landlord's] violation of the
1-19     rule was an unintentional mistake made in good faith.
1-20           SECTION 2. Chapter 184, Utilities Code, is amended by adding
1-21     Subchapter F to read as follows:
1-22               SUBCHAPTER F.  METERING FOR TENANTS OF MARINAS
1-23           Sec. 184.121.  DEFINITIONS. In this subchapter:
1-24                 (1)  "Marina" means a business entity that leases dock
 2-1     space for boats or facilities related to boats.
 2-2                 (2)  "Nonsubmetered master metered utility service"
 2-3     means a utility service that is master metered for tenants of a
 2-4     marina but is not submetered.
 2-5           Sec. 184.122.  ELECTRIC SUBMETERING. (a)  The owner of a
 2-6     marina that leases a majority of its leased dock space to owners of
 2-7     boats less than 70 feet long may submeter each facility the marina
 2-8     leases to a tenant to measure the quantity of electricity consumed
 2-9     by the tenant.
2-10           (b)  Electric submetering equipment is subject to:
2-11                 (1)  the same rules adopted by the commission for
2-12     accuracy, testing, and recordkeeping of meters installed by
2-13     electric utilities; and
2-14                 (2)  the meter testing requirements of Subchapter C,
2-15     Chapter 38.
2-16           (c)  If during the 90 days before the date the owner of a
2-17     marina installs individual electric meters or submeters at the
2-18     marina the owner increases rental rates and the increase in rental
2-19     rates is attributable to the increased cost of electric utilities,
2-20     the owner, on installation of the meters or submeters, shall:
2-21                 (1)  immediately reduce the rental rate by the amount
2-22     of the increase attributable to the increased cost of electric
2-23     utilities; and
2-24                 (2)  refund the amount of the increased rent:
2-25                       (A)  collected in the 90-day period preceding the
2-26     installation of the meters or submeters; and
2-27                       (B)  attributable to the cost of increased
 3-1     utilities.
 3-2           Sec. 184.123.  RULES RELATING TO SUBMETERED SERVICE. (a)  The
 3-3     commission shall adopt rules under which an owner of a marina for
 3-4     which electricity is not individually metered may install
 3-5     submetering equipment to allocate fairly the cost of the electrical
 3-6     consumption of each leased facility of the marina.
 3-7           (b)  In addition to other appropriate safeguards for a tenant
 3-8     leasing a facility of a marina, a rule adopted under this section
 3-9     must provide that the owner of a marina that has installed
3-10     submetering equipment:
3-11                 (1)  may not charge a tenant more than the cost per
3-12     kilowatt hour charged by the utility to the owner; and
3-13                 (2)  shall maintain adequate records relating to
3-14     submetering and make those records available for inspection by a
3-15     tenant during reasonable business hours.
3-16           Sec. 184.124.  RULES RELATING TO NONSUBMETERED MASTER METERED
3-17     SERVICE. (a)  The commission shall adopt rules governing billing
3-18     systems or methods used by a marina to prorate or allocate among
3-19     the marina's tenants' nonsubmetered master metered utility service
3-20     costs.
3-21           (b)  In addition to other appropriate safeguards for a tenant
3-22     leasing a facility of a marina, a rule adopted under this section
3-23     must require that:
3-24                 (1)  the lease agreement contain:
3-25                       (A)  a clear written description of the method of
3-26     computing the allocation of nonsubmetered master metered utility
3-27     service for the tenant; and
 4-1                       (B)  a statement of the average tenant's monthly
 4-2     bill for all tenants' nonsubmetered master metered utility service
 4-3     costs for the previous calendar year; and
 4-4                 (2)  the owner of a marina:
 4-5                       (A)  not impose a charge on a tenant in excess of
 4-6     the actual charge imposed on the owner for electric utility
 4-7     consumption by the marina's tenants;
 4-8                       (B)  maintain adequate records, including
 4-9     electric utility bills and records concerning the nonsubmetered
4-10     master metered utility service consumption by the marina's tenants,
4-11     the charges assessed by the electric utility, and the allocation of
4-12     the nonsubmetered master metered utility service costs to the
4-13     tenants; and
4-14                       (C)  make the records described by Paragraph (B)
4-15     available for inspection by the tenants during normal business
4-16     hours.
4-17           Sec. 184.125.  EFFECT OF RULES. A rule adopted under this
4-18     subchapter has the same effect as a rule adopted under Title 2, and
4-19     a utility company and the owner of a marina subject to this
4-20     subchapter are subject to enforcement under Sections 15.021,
4-21     15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.
4-22           SECTION 3.  The Public Utility Commission of Texas shall
4-23     adopt rules under Subchapter F, Chapter 184, Utilities Code, as
4-24     added by this Act, as soon as is practicable.  The rules must take
4-25     effect not later than January 1, 2002.
4-26           SECTION 4.  This Act takes effect immediately if it receives
4-27     a vote of two-thirds of all the members elected to each house, as
 5-1     provided by Section 39, Article III, Texas Constitution.  If this
 5-2     Act does not receive the vote necessary for immediate effect, this
 5-3     Act takes effect September 1, 2001.