INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
SECTION 1. Section 13.501,
Water Code, is amended by amending Subdivision (5) and adding Subdivision
(9) to read as follows:
No
equivalent provision.
(5) "Owner" means
the legal titleholder of an apartment house, manufactured home rental
community, or multiple use facility and any individual, firm, or
corporation expressly identified in a lease agreement as [that
purports to be] the landlord of tenants in the apartment house,
manufactured home rental community, or multiple use facility.
(9) "Utility
costs" or "utility service costs" means any amount charged
to the owner by a retail public utility for water or wastewater service.
|
SECTION 1. Section 13.501,
Water Code, is amended by adding Subdivisions (1-a) and (9) and amending
Subdivision (5) to read as follows:
(1-a) "Condominium
manager" or "manager of a condominium" means a condominium
unit owners' association organized under Section 82.101, Property Code, or
an incorporated or unincorporated entity comprising the council of owners
under Chapter 81, Property Code.
(5) "Owner" means
the legal titleholder of an apartment house, manufactured home rental
community, or multiple use facility and any individual, firm, or
corporation expressly identified in a lease agreement as [that
purports to be] the landlord of tenants in the apartment house,
manufactured home rental community, or multiple use facility. The term does not include the manager of an
apartment home unless the manager is expressly identified as the landlord
in the lease agreement.
(9) "Utility
costs" or "utility service costs" means any amount charged
to the owner by a retail public utility for water or wastewater service.
|
SECTION 2. Section 13.503,
Water Code, is amended by adding Subsection (f) to read as follows:
(f) This section does not
limit the authority of an owner, operator, or manager of an apartment
house, manufactured home rental community, or multiple use facility to
charge, bill for, or collect rent, an assessment, an administrative fee, or
any other amount that is unrelated to utility costs.
|
SECTION 2. Section 13.503,
Water Code, is amended by adding Subsection (f) to read as follows:
(f) This section does not
limit the authority of an owner, operator, or manager of an apartment
house, manufactured home rental community, or multiple use facility to
charge, bill for, or collect rent, an assessment, an administrative fee, a fee relating to the upkeep or management of
chilled water, boiler, heating, ventilation, air conditioning, or other
building system, or any other amount that is unrelated to utility
costs.
|
SECTION 3. Section 13.5031,
Water Code, is amended to read as follows:
Sec. 13.5031. NONSUBMETERING
RULES. (a) Notwithstanding any other law, the utility commission
shall adopt rules and standards governing billing systems or methods used
by manufactured home rental community owners, apartment house owners,
condominium managers, or owners of other multiple use facilities for
prorating or allocating among tenants nonsubmetered master metered utility
service costs. In addition to other appropriate safeguards for the tenant,
those rules shall require that:
(1) the rental agreement
contain a clear written description of the method of calculation of the
allocation of nonsubmetered master metered utilities for the manufactured
home rental community, apartment house, or multiple use facility;
(2) the rental agreement
contain a statement of the average manufactured home, apartment, or
multiple use facility unit monthly bill for all units for any allocation of
those utilities for the previous calendar year;
(3) except as provided by
this section, an owner or condominium manager may not impose additional
charges on a tenant in excess of the actual charges imposed on the owner or
condominium manager for utility consumption by the manufactured home rental
community, apartment house, or multiple use facility;
(4) the owner or condominium
manager shall maintain adequate records regarding the utility consumption
of the manufactured home rental community, apartment house, or multiple use
facility, the charges assessed by the retail public utility, and the
allocation of the utility costs to the tenants;
(5) the owner or condominium
manager shall maintain all necessary records concerning utility
allocations, including the retail public utility's bills, and shall make
the records available for inspection by the tenants during normal business
hours; and
(6) the owner or condominium
manager may charge a tenant a fee for late payment of an allocated water
bill if the amount of the fee does not exceed five percent of the bill paid
late.
(b) This section does not
limit the authority of an owner, operator, or manager of an apartment
house, manufactured home rental community, or multiple use facility to
charge, bill for, or collect rent, an assessment, an administrative fee, or
any other amount that is unrelated to utility costs.
|
SECTION 3. Section 13.5031,
Water Code, is amended to read as follows:
Sec. 13.5031. NONSUBMETERING
RULES. (a) Notwithstanding any other law, the utility commission
shall adopt rules and standards governing billing systems or methods used
by manufactured home rental community owners, apartment house owners,
condominium managers, or owners of other multiple use facilities for
prorating or allocating among tenants nonsubmetered master metered utility
service costs. In addition to other appropriate safeguards for the tenant,
those rules shall require that:
(1) the rental agreement
contain a clear written description of the method of calculation of the
allocation of nonsubmetered master metered utilities for the manufactured
home rental community, apartment house, or multiple use facility;
(2) the rental agreement
contain a statement of the average manufactured home, apartment, or
multiple use facility unit monthly bill for all units for any allocation of
those utilities for the previous calendar year;
(3) except as provided by
this section, an owner or condominium manager may not impose additional
charges on a tenant in excess of the actual charges imposed on the owner or
condominium manager for utility consumption by the manufactured home rental
community, apartment house, or multiple use facility;
(4) the owner or condominium
manager shall maintain adequate records regarding the utility consumption
of the manufactured home rental community, apartment house, or multiple use
facility, the charges assessed by the retail public utility, and the
allocation of the utility costs to the tenants;
(5) the owner or condominium
manager shall maintain all necessary records concerning utility
allocations, including the retail public utility's bills, and shall make
the records available for inspection by the tenants during normal business
hours; and
(6) the owner or condominium
manager may charge a tenant a fee for late payment of an allocated water
bill if the amount of the fee does not exceed five percent of the bill paid
late.
(b) This section does not
limit the authority of an owner, operator, or manager of an apartment
house, manufactured home rental community, or multiple use facility to
charge, bill for, or collect rent, an assessment, an administrative fee, a fee relating to the upkeep or management of
chilled water, boiler, heating, ventilation, air conditioning, or other
building system, or any other amount that is unrelated to utility
costs.
|
SECTION 4. Section 13.505,
Water Code, is amended to read as follows:
Sec. 13.505. ENFORCEMENT. (a) In this section,
"overcharge" means the amount, if any, a tenant is charged for
submetered or nonsubmetered master metered utility service to the tenant's
dwelling unit after a violation occurred relating to the assessment of a portion
of utility costs in excess of the amount the tenant would have been charged
under this subchapter.
No
equivalent provision.
(b) If [In
addition to the enforcement provisions contained in Subchapter K, if]
an apartment house owner, condominium manager, manufactured home rental
community owner, or other multiple use facility owner violates a rule of
the utility commission regarding utility costs, the person claiming the
violation may file a complaint with the utility commission. If the utility
commission determines that the owner or condominium manager overcharged a
complaining tenant for water or wastewater service from the retail public
utility, the utility commission shall require the owner or condominium
manager, as applicable, to repay the complaining tenant the amount
overcharged.
No
equivalent provision.
(c) If the owner or condominium manager fails to comply with
the utility commission's order to repay the overcharge, the complaining
tenant may recover from the owner or condominium manager in an action
brought under this section [submetering of utility service
consumed exclusively within the tenant's dwelling unit or multiple use
facility unit or nonsubmetered master metered utility costs, the tenant may
recover] three times the amount of the
[any] overcharge, a civil penalty of $100 [equal to one
month's rent], reasonable attorney's fees, and court costs from the
owner or condominium manager. However, an owner of an apartment house,
manufactured home rental community, or other multiple use facility or
condominium manager is not liable [for a civil penalty] if the owner
or condominium manager proves the violation was a good faith, unintentional
mistake.
(d) A tenant must exhaust
administrative remedies before the tenant brings an action in district
court against an apartment house owner, condominium manager, manufactured
home rental community owner, or other multiple use facility owner who
violates a requirement of this subchapter or a rule of the utility
commission adopted under this subchapter.
|
SECTION 4. Section 13.505,
Water Code, is amended to read as follows:
Sec. 13.505. RESTITUTION [ENFORCEMENT]. (a) In this section,
"overcharge" means the amount, if any, a tenant is charged for
submetered or nonsubmetered master metered utility service to the tenant's
dwelling unit after a violation occurred relating to the assessment of a
portion of utility costs in excess of the amount the tenant would have been
charged under this subchapter.
(b) The utility
commission has exclusive jurisdiction for violations under this subchapter.
(c) If [In
addition to the enforcement provisions contained in Subchapter K, if]
an apartment house owner, condominium manager, manufactured home rental
community owner, or other multiple use facility owner violates a rule of
the utility commission regarding utility costs, the person claiming the
violation may file a complaint with the utility commission. If the utility
commission determines that the owner or condominium manager overcharged a
complaining tenant for water or wastewater service from the retail public
utility, the utility commission shall require the owner or condominium
manager, as applicable, to repay the complaining tenant the amount
overcharged.
(d) Nothing in this
section limits or impairs the utility commission's enforcement authority
under Subchapter K
[submetering of utility
service consumed exclusively within the tenant's dwelling unit or multiple
use facility unit or nonsubmetered master metered utility costs, the tenant
may recover three times the amount of
any overcharge, a civil penalty equal to one month's rent, reasonable
attorney's fees, and court costs from the owner or condominium manager.
However, an owner of an apartment house, manufactured home rental
community, or other multiple use facility or condominium manager is not
liable for a civil penalty if the owner or condominium manager proves the
violation was a good faith, unintentional mistake].
No
equivalent provision.
|
SECTION 5. Section 13.506,
Water Code, is amended.
|
SECTION 5. Same as introduced
version.
|
SECTION 6. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
|
SECTION 6. Same as introduced
version.
|
|