Texas 2019 - 86th Regular

Texas House Bill HB3341 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11124 BRG-F
2	2	By: Davis of Dallas H.B. No. 3341
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for adding a dwelling unit that has
8	8	individual unit metering to an electric service plan; imposing a
9	9	civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 184, Utilities Code, is
12	12	amended by adding Section 184.015 to read as follows:
13	13	Sec. 184.015. DIRECT METER PROGRAMS. (a) In this section:
14	14	(1) "Dwelling unit" includes a manufactured home in a
15	15	manufactured home rental community.
16	16	(2) "Electric service plan" includes a plan offered
17	17	by:
18	18	(A) a retail electric provider, as defined by
19	19	Section 31.002;
20	20	(B) an electric cooperative, as defined by
21	21	Section 11.003; or
22	22	(C) a municipally owned utility, as defined by
23	23	Section 11.003.
24	24	(3) "Manufactured home rental community" has the
25	25	meaning assigned by Section 13.501, Water Code.
26	26	(4) "Occupant" means a person who owns or rents a
27	27	dwelling unit.
28	28	(b) The owner, operator, or manager of an apartment house,
29	29	single-family home, or manufactured home rental community that has
30	30	individual utility metering may add a dwelling unit to the electric
31	31	service plan that provides electric service to the owner, operator,
32	32	or manager only with the written consent of:
33	33	(1) the owner-occupant; or
34	34	(2) all occupants renting the unit.
35	35	(c) An owner, operator, or manager of an apartment house,
36	36	single-family home, or manufactured home rental community who adds
37	37	a dwelling unit to an electric service plan in accordance with
38	38	Subsection (b) may:
39	39	(1) maintain the electric meter for the unit in the
40	40	name of the owner, operator, or manager; and
41	41	(2) charge the occupants of the unit for the cost of
42	42	the electric service provided to the unit and a reasonable
43	43	administrative fee.
44	44	(d) An owner, operator, or manager of an apartment house,
45	45	single-family home, or manufactured home rental community may
46	46	maintain a water or gas meter in the name of the owner, operator, or
47	47	manager, and charge occupants of a dwelling unit for the cost of the
48	48	water or gas utility service provided to the unit and a reasonable
49	49	administrative fee.
50	50	(e) An action taken by an owner, operator, or manager of an
51	51	apartment home, single-family home, or manufactured home rental
52	52	community under Subsection (b) or (c) does not constitute the
53	53	provision of electric service for compensation.
54	54	(f) The commission shall adopt rules as necessary to
55	55	implement this section and to ensure that:
56	56	(1) an occupant of a dwelling unit has sufficient
57	57	information to provide informed, written consent to add a dwelling
58	58	unit to an electric service plan in accordance with Subsection (b);
59	59	(2) an owner, operator, or manager of an apartment
60	60	home, single-family home, or manufactured home rental community
61	61	fairly allocates the cost of electric, gas, and water utility
62	62	services between occupants in a dwelling unit when multiple
63	63	occupants are billed separately; and
64	64	(3) an owner, operator, or manager of an apartment
65	65	home, single-family home, or manufactured home rental community
66	66	maintains adequate records for each dwelling unit, including
67	67	monthly consumption billing and payment records, and either:
68	68	(A) makes the records available for inspection by
69	69	occupants of the unit during normal business hours; or
70	70	(B) if a third party maintains the records,
71	71	provides a clear description of the third party and the third
72	72	party's contact information in each billing statement sent to
73	73	occupants.
74	74	SECTION 2. Section 184.071, Utilities Code, is amended to
75	75	read as follows:
76	76	Sec. 184.071. LIABILITY. (a) A landlord or manager who
77	77	violates a commission rule relating to submetering of electric
78	78	utilities consumed exclusively in a tenant's dwelling unit, [or] a
79	79	rule relating to the allocation of central system utility costs or
80	80	nonsubmetered master metered electric utility costs, or a rule
81	81	adopted under Section 184.015 is liable to the tenant or an occupant
82	82	for:
83	83	(1) three times the amount of any overcharge;
84	84	(2) a civil penalty equal to one month's rent;
85	85	(3) reasonable attorney's fees; and
86	86	(4) court costs.
87	87	(b) A landlord or manager is not liable for the civil
88	88	penalty provided by Subsection (a)(2) if the landlord or manager
89	89	proves that the [landlord's] violation of the rule was an
90	90	unintentional mistake made in good faith.
91	91	SECTION 3. This Act takes effect September 1, 2019.