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.
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