1-1 By: Brown S.B. No. 1330 1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read 1-3 first time and referred to Committee on Business and Commerce; 1-4 March 14, 2001, rereferred to Committee on Natural Resources; 1-5 April 23, 2001, reported adversely, with favorable Committee 1-6 Substitute by the following vote: Yeas 6, Nays 0; April 23, 2001, 1-7 sent to printer.) 1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 1330 By: Brown 1-9 A BILL TO BE ENTITLED 1-10 AN ACT 1-11 relating to the submetering and allocation of water service in 1-12 apartment houses, manufactured home rental communities, 1-13 condominiums, and other multiple use facilities. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Section 13.502, Water Code, is amended to read as 1-16 follows: 1-17 Sec. 13.502. SUBMETERING. (a) An apartment house owner, 1-18 manufactured home rental community owner, multiple use facility 1-19 owner, or condominium manager may provide for submetering of each 1-20 dwelling unit or rental unit for the measurement of the quantity of 1-21 water, if any, consumed by the occupants of that unit. 1-22 (b) Except as provided by Subsections (c) and (d), a manager 1-23 of a condominium or the owner of an apartment house, manufactured 1-24 home rental community, or multiple use facility on which 1-25 construction begins after January 1, 2003, shall provide for the 1-26 measurement of the quantity of water, if any, consumed by the 1-27 occupants of each unit through the installation of: 1-28 (1) submeters, owned by the property owner or manager, 1-29 for each dwelling unit or rental unit; or 1-30 (2) individual meters, owned by the retail public 1-31 utility, for each dwelling unit or rental unit. 1-32 (c) An owner of an apartment house on which construction 1-33 begins after January 1, 2003, and which provides government 1-34 assisted or subsidized rental housing to low or very low income 1-35 residents shall install a plumbing system in the apartment house 1-36 that is compatible with the installation of submeters for the 1-37 measurement of the quantity of water, if any, consumed by the 1-38 occupants of each unit. 1-39 (d) On request by the property owner or manager, a retail 1-40 public utility shall install individual meters owned by the utility 1-41 in an apartment house, manufactured home rental community, multiple 1-42 use facility, or condominium on which construction begins after 1-43 January 1, 2003, unless the retail public utility determines that 1-44 installation of meters is not feasible. If the retail public 1-45 utility determines that installation of meters is not feasible, the 1-46 property owner or manager shall install a plumbing system that is 1-47 compatible with the installation of submeters or individual meters. 1-48 A retail public utility may charge reasonable costs to install 1-49 individual meters. 1-50 (e) An owner of an apartment house, manufactured home rental 1-51 community, or multiple use facility or a manager of a condominium 1-52 may not change from submetered billing to allocated billing unless: 1-53 (1) the executive director approves of the change in 1-54 writing after a demonstration of good cause, including meter 1-55 reading or billing problems that could not feasibly be corrected or 1-56 equipment failures; and 1-57 (2) the property owner meets rental agreement 1-58 requirements established by the commission. 1-59 SECTION 2. Subchapter M, Chapter 13, Water Code, is amended 1-60 by adding Section 13.506 to read as follows: 1-61 Sec. 13.506. PLUMBING FIXTURES. (a) After January 1, 2003, 1-62 before an owner of an apartment house, manufactured home rental 1-63 community, or multiple use facility or a manager of a condominium 1-64 may implement a program to bill tenants for submetered or allocated 2-1 water service, the owner or manager must: 2-2 (1) meet the standards prescribed by Section 372.002, 2-3 Health and Safety Code, for sink or lavatory faucets, faucet 2-4 aerators, and showerheads; and 2-5 (2) perform a water leak audit of each dwelling unit 2-6 or rental unit and each common area and repair any leaks found. 2-7 (b) Not later than the first anniversary of the date an 2-8 owner of an apartment house, manufactured home rental community, or 2-9 multiple use facility or a manager of a condominium begins to bill 2-10 for submetered or allocated water service, the owner or manager 2-11 shall: 2-12 (1) remove any toilets that exceed a maximum flow of 2-13 3.5 gallons of water per flushing; and 2-14 (2) install 1.6-gallon toilets that meet the standards 2-15 prescribed by Section 372.002, Health and Safety Code. 2-16 (c) Subsections (a) and (b) do not apply to a manufactured 2-17 home rental community owner who does not own the manufactured homes 2-18 located on the property of the manufactured home rental community. 2-19 SECTION 3. (a) This Act takes effect September 1, 2001. 2-20 (b) The Texas Natural Resource Conservation Commission shall 2-21 enact rules to implement Section 13.506, Water Code, as added by 2-22 this Act, and the changes in law made by this Act to Section 2-23 13.502, Water Code, not later than September 1, 2002. 2-24 * * * * *