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.