1-1 By: Jackson S.B. No. 590
1-2 (In the Senate - Filed February 7, 2001; February 12, 2001,
1-3 read first time and referred to Committee on Business and Commerce;
1-4 February 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 26, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 590 By: Jackson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to electric utility service to tenants of marinas;
1-11 providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 184.071, Utilities Code, is amended to
1-14 read as follows:
1-15 Sec. 184.071. LIABILITY. (a) A landlord or owner of a
1-16 marina who violates a commission rule relating to submetering of
1-17 electric utilities consumed exclusively in a tenant's dwelling unit
1-18 or marina facility or a rule relating to the allocation of central
1-19 system utility costs or nonsubmetered master metered electric
1-20 utility costs is liable to the tenant for:
1-21 (1) three times the amount of any overcharge;
1-22 (2) a civil penalty equal to one month's rent;
1-23 (3) reasonable attorney's fees; and
1-24 (4) court costs.
1-25 (b) A landlord or owner of a marina is not liable for the
1-26 civil penalty provided by Subsection (a)(2) if the landlord or
1-27 owner of a marina proves that the [landlord's] violation of the
1-28 rule was an unintentional mistake made in good faith.
1-29 SECTION 2. Chapter 184, Utilities Code, is amended by adding
1-30 Subchapter F to read as follows:
1-31 SUBCHAPTER F. METERING FOR TENANTS OF MARINAS
1-32 Sec. 184.121. DEFINITIONS. In this subchapter:
1-33 (1) "Marina" means a business entity that leases dock
1-34 space for boats or facilities related to boats.
1-35 (2) "Nonsubmetered master metered utility service"
1-36 means a utility service that is master metered for tenants of a
1-37 marina but is not submetered.
1-38 Sec. 184.122. ELECTRIC SUBMETERING. (a) The owner of a
1-39 marina that leases a majority of its leased dock space to owners of
1-40 boats less than 70 feet long may submeter each facility the marina
1-41 leases to a tenant to measure the quantity of electricity consumed
1-42 by the tenant.
1-43 (b) Electric submetering equipment is subject to:
1-44 (1) the same rules adopted by the commission for
1-45 accuracy, testing, and recordkeeping of meters installed by
1-46 electric utilities; and
1-47 (2) the meter testing requirements of Subchapter C,
1-48 Chapter 38.
1-49 (c) If during the 90 days before the date the owner of a
1-50 marina installs individual electric meters or submeters at the
1-51 marina the owner increases rental rates and the increase in rental
1-52 rates is attributable to the increased cost of electric utilities,
1-53 the owner, on installation of the meters or submeters, shall:
1-54 (1) immediately reduce the rental rate by the amount
1-55 of the increase attributable to the increased cost of electric
1-56 utilities; and
1-57 (2) refund the amount of the increased rent:
1-58 (A) collected in the 90-day period preceding the
1-59 installation of the meters or submeters; and
1-60 (B) attributable to the cost of increased
1-61 utilities.
1-62 Sec. 184.123. RULES RELATING TO SUBMETERED SERVICE.
1-63 (a) The commission shall adopt rules under which an owner of a
1-64 marina for which electricity is not individually metered may
2-1 install submetering equipment to allocate fairly the cost of the
2-2 electrical consumption of each leased facility of the marina.
2-3 (b) In addition to other appropriate safeguards for a tenant
2-4 leasing a facility of a marina, a rule adopted under this section
2-5 must provide that the owner of a marina that has installed
2-6 submetering equipment:
2-7 (1) may not charge a tenant more than the cost per
2-8 kilowatt hour charged by the retail electric provider to the owner;
2-9 and
2-10 (2) shall maintain adequate records relating to
2-11 submetering and make those records available for inspection by a
2-12 tenant during reasonable business hours.
2-13 Sec. 184.124. RULES RELATING TO NONSUBMETERED MASTER METERED
2-14 SERVICE. (a) The commission shall adopt rules governing billing
2-15 systems or methods used by a marina to prorate or allocate among
2-16 the marina's tenants nonsubmetered master metered utility service
2-17 costs.
2-18 (b) In addition to other appropriate safeguards for a tenant
2-19 leasing a facility of a marina, a rule adopted under this section
2-20 must require that:
2-21 (1) the lease agreement contain:
2-22 (A) a clear written description of the method of
2-23 computing the allocation of nonsubmetered master metered utility
2-24 service for the tenant; and
2-25 (B) a statement of the average tenant's monthly
2-26 bill for all tenants' nonsubmetered master metered utility service
2-27 costs for the previous calendar year; and
2-28 (2) the owner of a marina:
2-29 (A) not impose a charge on a tenant in excess of
2-30 the actual charge imposed on the owner for electric utility
2-31 consumption by the marina's tenants;
2-32 (B) maintain adequate records, including
2-33 electric utility bills and records concerning the nonsubmetered
2-34 master metered utility service consumption by the marina's tenants,
2-35 the charges assessed by the retail electric provider, and the
2-36 allocation of the nonsubmetered master metered utility service
2-37 costs among the tenants; and
2-38 (C) make the records described by Paragraph (B)
2-39 available for inspection by the tenants during normal business
2-40 hours.
2-41 Sec. 184.125. EFFECT OF RULES. A rule adopted under this
2-42 subchapter has the same effect as a rule adopted under Title 2, and
2-43 a utility company and the owner of a marina subject to this
2-44 subchapter are subject to enforcement under Sections 15.021,
2-45 15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.
2-46 SECTION 3. The Public Utility Commission of Texas shall
2-47 adopt rules under Subchapter F, Chapter 184, Utilities Code, as
2-48 added by this Act, as soon as is practicable. The rules must take
2-49 effect not later than January 1, 2002.
2-50 SECTION 4. This Act takes effect immediately if it receives
2-51 a vote of two-thirds of all the members elected to each house, as
2-52 provided by Section 39, Article III, Texas Constitution. If this
2-53 Act does not receive the vote necessary for immediate effect, this
2-54 Act takes effect September 1, 2001.
2-55 * * * * *