HBA-JRA S.B. 950 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 950
By: Duncan
Natural Resources
4/26/1999
Engrossed

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.  S.B. 950 authorizes the owner of a multiple-user
facility to allocate taxes and surcharges paid to the public water utility
to the tenant on a usage basis.  This bill allows a nine 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:

SUBCHAPTER M.  New title:  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 applicable taxes among the list
of expenses that can be charged to tenants by the owner or manager of a
manufactured home rental community, apartment house, multiple use facility,
or condominium.  Requires the rules to authorize a manufactured home rental
community owner or manger to impose a service charge of no more than nine
percent of the costs related to submetering allocated to each submetered
rental or dwelling unit.  Defines "costs related to submetering."  Makes
conforming and nonsubstantive changes. 

Sec.  13.5031.  NONSUBMETERING RULES.  Includes manufactured home rental
community owners in the list of facilities for which 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.