86R11124 BRG-F
By: Davis of Dallas H.B. No. 3341
A BILL TO BE ENTITLED
AN ACT
relating to requirements for adding a dwelling unit that has
individual unit metering to an electric service plan; imposing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 184, Utilities Code, is
amended by adding Section 184.015 to read as follows:
Sec. 184.015. DIRECT METER PROGRAMS. (a) In this section:
(1) "Dwelling unit" includes a manufactured home in a
manufactured home rental community.
(2) "Electric service plan" includes a plan offered
by:
(A) a retail electric provider, as defined by
Section 31.002;
(B) an electric cooperative, as defined by
Section 11.003; or
(C) a municipally owned utility, as defined by
Section 11.003.
(3) "Manufactured home rental community" has the
meaning assigned by Section 13.501, Water Code.
(4) "Occupant" means a person who owns or rents a
dwelling unit.
(b) The owner, operator, or manager of an apartment house,
single-family home, or manufactured home rental community that has
individual utility metering may add a dwelling unit to the electric
service plan that provides electric service to the owner, operator,
or manager only with the written consent of:
(1) the owner-occupant; or
(2) all occupants renting the unit.
(c) An owner, operator, or manager of an apartment house,
single-family home, or manufactured home rental community who adds
a dwelling unit to an electric service plan in accordance with
Subsection (b) may:
(1) maintain the electric meter for the unit in the
name of the owner, operator, or manager; and
(2) charge the occupants of the unit for the cost of
the electric service provided to the unit and a reasonable
administrative fee.
(d) An owner, operator, or manager of an apartment house,
single-family home, or manufactured home rental community may
maintain a water or gas meter in the name of the owner, operator, or
manager, and charge occupants of a dwelling unit for the cost of the
water or gas utility service provided to the unit and a reasonable
administrative fee.
(e) An action taken by an owner, operator, or manager of an
apartment home, single-family home, or manufactured home rental
community under Subsection (b) or (c) does not constitute the
provision of electric service for compensation.
(f) The commission shall adopt rules as necessary to
implement this section and to ensure that:
(1) an occupant of a dwelling unit has sufficient
information to provide informed, written consent to add a dwelling
unit to an electric service plan in accordance with Subsection (b);
(2) an owner, operator, or manager of an apartment
home, single-family home, or manufactured home rental community
fairly allocates the cost of electric, gas, and water utility
services between occupants in a dwelling unit when multiple
occupants are billed separately; and
(3) an owner, operator, or manager of an apartment
home, single-family home, or manufactured home rental community
maintains adequate records for each dwelling unit, including
monthly consumption billing and payment records, and either:
(A) makes the records available for inspection by
occupants of the unit during normal business hours; or
(B) if a third party maintains the records,
provides a clear description of the third party and the third
party's contact information in each billing statement sent to
occupants.
SECTION 2. Section 184.071, Utilities Code, is amended to
read as follows:
Sec. 184.071. LIABILITY. (a) A landlord or manager who
violates a commission rule relating to submetering of electric
utilities consumed exclusively in a tenant's dwelling unit, [or] a
rule relating to the allocation of central system utility costs or
nonsubmetered master metered electric utility costs, or a rule
adopted under Section 184.015 is liable to the tenant or an occupant
for:
(1) three times the amount of any overcharge;
(2) a civil penalty equal to one month's rent;
(3) reasonable attorney's fees; and
(4) court costs.
(b) A landlord or manager is not liable for the civil
penalty provided by Subsection (a)(2) if the landlord or manager
proves that the [landlord's] violation of the rule was an
unintentional mistake made in good faith.
SECTION 3. This Act takes effect September 1, 2019.