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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for adding a dwelling unit that has |
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individual unit metering to an electric service plan; imposing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 184, Utilities Code, is |
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amended by adding Section 184.015 to read as follows: |
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Sec. 184.015. DIRECT METER PROGRAMS. (a) In this section: |
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(1) "Dwelling unit" includes a manufactured home in a |
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manufactured home rental community. |
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(2) "Electric service plan" includes a plan offered |
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by: |
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(A) a retail electric provider, as defined by |
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Section 31.002; |
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(B) an electric cooperative, as defined by |
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Section 11.003; or |
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(C) a municipally owned utility, as defined by |
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Section 11.003. |
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(3) "Manufactured home rental community" has the |
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meaning assigned by Section 13.501, Water Code. |
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(4) "Occupant" means a person who owns or rents a |
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dwelling unit. |
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(b) The owner, operator, or manager of an apartment house, |
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single-family home, or manufactured home rental community that has |
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individual utility metering may add a dwelling unit to the electric |
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service plan that provides electric service to the owner, operator, |
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or manager only with the written consent of: |
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(1) the owner-occupant; or |
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(2) all occupants renting the unit. |
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(c) An owner, operator, or manager of an apartment house, |
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single-family home, or manufactured home rental community who adds |
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a dwelling unit to an electric service plan in accordance with |
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Subsection (b) may: |
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(1) maintain the electric meter for the unit in the |
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name of the owner, operator, or manager; and |
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(2) charge the occupants of the unit for the cost of |
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the electric service provided to the unit and a reasonable |
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administrative fee. |
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(d) An owner, operator, or manager of an apartment house, |
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single-family home, or manufactured home rental community may |
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maintain a water or gas meter in the name of the owner, operator, or |
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manager, and charge occupants of a dwelling unit for the cost of the |
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water or gas utility service provided to the unit and a reasonable |
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administrative fee. |
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(e) An action taken by an owner, operator, or manager of an |
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apartment home, single-family home, or manufactured home rental |
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community under Subsection (b) or (c) does not constitute the |
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provision of electric service for compensation. |
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(f) The commission shall adopt rules as necessary to |
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implement this section and to ensure that: |
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(1) an occupant of a dwelling unit has sufficient |
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information to provide informed, written consent to add a dwelling |
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unit to an electric service plan in accordance with Subsection (b); |
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(2) an owner, operator, or manager of an apartment |
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home, single-family home, or manufactured home rental community |
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fairly allocates the cost of electric, gas, and water utility |
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services between occupants in a dwelling unit when multiple |
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occupants are billed separately; and |
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(3) an owner, operator, or manager of an apartment |
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home, single-family home, or manufactured home rental community |
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maintains adequate records for each dwelling unit, including |
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monthly consumption billing and payment records, and either: |
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(A) makes the records available for inspection by |
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occupants of the unit during normal business hours; or |
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(B) if a third party maintains the records, |
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provides a clear description of the third party and the third |
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party's contact information in each billing statement sent to |
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occupants. |
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SECTION 2. Section 184.071, Utilities Code, is amended to |
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read as follows: |
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Sec. 184.071. LIABILITY. (a) A landlord or manager who |
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violates a commission rule relating to submetering of electric |
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utilities consumed exclusively in a tenant's dwelling unit, [or] a |
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rule relating to the allocation of central system utility costs or |
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nonsubmetered master metered electric utility costs, or a rule |
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adopted under Section 184.015 is liable to the tenant or an occupant |
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for: |
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(1) three times the amount of any overcharge; |
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(2) a civil penalty equal to one month's rent; |
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(3) reasonable attorney's fees; and |
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(4) court costs. |
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(b) A landlord or manager is not liable for the civil |
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penalty provided by Subsection (a)(2) if the landlord or manager |
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proves that the [landlord's] violation of the rule was an |
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unintentional mistake made in good faith. |
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SECTION 3. This Act takes effect September 1, 2019. |