S.B. No. 2126
AN ACT
relating to the authority of owners and managers of apartment
houses to assess a service charge for the submetering of water and
wastewater services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.503, Water Code, is amended by
amending Subsections (c) and (d) and adding Subsection (c-1) to
read as follows:
(c) Except as provided by Subsection (c-1), in [In] addition
to the charges permitted under Subsection (b), the rules shall
authorize the owner or manager of a manufactured home rental
community or apartment house [owner or manager] to impose a service
charge of not more than nine percent of the costs related to
submetering allocated to each submetered rental or dwelling unit.
(c-1) The rules may not authorize the owner or manager of an
apartment house to impose a service charge under Subsection (c) on a
resident who:
(1) resides in a unit of an apartment house that has
received an allocation of low income housing tax credits under
Subchapter DD, Chapter 2306, Government Code; or
(2) receives tenant-based voucher assistance under
Section 8, United States Housing Act of 1937 (42 U.S.C. Section
1437f).
(d) For purposes of Subsection (c), "costs related to
submetering" means water costs as well as any other applicable
taxes and surcharges that are charged by the retail public utility
to the owner or manager of a manufactured home rental community or
apartment house [owner or manager].
SECTION 2. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2126 passed the Senate on
April 28, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 14, 2009, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2126 passed the House, with
amendment, on May 11, 2009, by the following vote: Yeas 142,
Nays 3, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor