HBA-RBT H.B. 2931 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2931
By: Cook
Natural Resources
3/29/1999
Committee Report (Amended)

BACKGROUND AND PURPOSE 

Commercially owned and operated multi-family residential properties
normally receive water and wastewater service from the local public utility
on a "master meter" basis.  Using submetering in such situations may
encourage the conservation of water.  Switching from a "master meter"
system to a submetering system requires installation of submeters by the
owner of a complex.  H.B. 2931 authorizes the owner of a multi-user
facility to allocate taxes and surcharges paid to the public water utility
to the tenant on a usage basis.  This bill allows a 9 percent service
charge to be allocated to each submetered dwelling or unit.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 2 of this bill and that rulemaking authority
previously delegated to the Texas Natural Resource Conservation Commission
is modified in SECTION 1 (Section 13.503and 13.5031, Water Code) of this
bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter M, Chapter 13, Water Code, as follows:

New title:  SUBCHAPTER M.  SUBMETERING AND NONSUBMETERING FOR 
APARTMENTS AND MANUFACTURED HOME RENTAL COMMUNITIES AND OTHER
 MULTIPLE USE FACILITIES

Sec.  13.501.  DEFINITIONS.  Redefines "dwelling unit" and "owner."
Defines "manufactured home rental community" using the definition of
"mobile home park." 

Sec.  13.502.  SUBMETERING.  Makes a conforming change.

Sec.  13.503.  SUBMETERING RULES.  Requires the Texas Natural Resource
Conservation Commission (commission) to encourage submetering of individual
rental or dwelling units by master meter operators to enhance the
conservation of water resources.  Includes taxes and a service charge of no
more than nine percent in the list of items that can be charged to tenants
by the owner or manager of a manufactured home rental community, apartment
house, multiple use facility, or condominium.  Makes conforming and
nonsubstantive changes. 

Sec.  13.5031.  NONSUBMETERING RULES.  Includes manufactured home rental
community owners in the list of facilities that the commission must adopt
rules regarding billing systems.  Makes conforming changes. 

Sec.  13.504.  IMPROPER RENTAL RATE INCREASE.  Makes a conforming change.

Sec.  13.505.  ENFORCEMENT.  Makes conforming changes.

SECTION 2.  Requires the commission to adopt rules to implement the changes
made to Subchapter M, Chapter 13, Water Code, by this Act as soon after the
effective date of this Act as possible. 

SECTION 3.  Emergency clause.
   Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment Number 1.

Modifies the definition of "manufactured home rental community."

Adds a new Subsection (c) to Section 13.503, Water Code, to prohibit an
owner that installs submeters from allocating the cost of installation to
the tenant.