Texas 2019 - 86th Regular

Texas Senate Bill SB2195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Lucio S.B. No. 2195
2		-	(Martinez)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to metering and billing requirements for certain apartment
8	7		houses, manufactured homes, and recreational vehicles.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 39.554(e), Utilities Code, is amended to
11	10		read as follows:
12	11		(e) An electric utility that approves an application of a
13	12		distributed renewable generation owner under Subsection (b) shall
14	13		provide to the owner the metering options described by Section
15	14		39.916(f) and an option to interconnect with the utility through a
16	15		single meter that runs forward and backward if:
17	16		(1) the owner:
18	17		(A) intends to interconnect the distributed
19	18		renewable generation at an apartment house, as defined by Section
20	19		184.001 [184.011], occupied by low-income elderly tenants that
21	20		qualifies for master metering under Section 184.012(b) and the
22	21		distributed renewable generation is reasonably expected to
23	22		generate not less than 50 percent of the apartment house's annual
24	23		electricity use; or
25	24		(B) has a qualifying facility with a design
26	25		capacity of not more than 50 kilowatts; and
27	26		(2) the distributed renewable generation or
28	27		qualifying facility that is the subject of the application is rated
29	28		to produce an amount of electricity that is less than or equal to:
30	29		(A) the owner's estimated annual kilowatt hour
31	30		consumption for a new apartment house or qualifying facility; or
32	31		(B) the amount of electricity the owner consumed
33	32		in the year before installation of the distributed renewable
34	33		generation or qualifying facility.
35	34		SECTION 2. Section 184.001, Utilities Code, is amended to
36	35		read as follows:
37	36		Sec. 184.001. DEFINITIONS [DEFINITION]. In this chapter:
38	37		(1) "Apartment house" means one or more buildings
39	38		containing more than five dwelling units each of which is rented
40	39		primarily for nontransient use with rent paid at intervals of one
41	40		week or longer. The term includes a rented or owner-occupied
42	41		residential condominium.
43	42		(2) "Apartment house owner" means:
44	43		(A) the legal titleholder of an apartment house;
45	44		or
46	45		(B) an individual, firm, or corporation that
47	46		purports to be the landlord of a tenant of an apartment house.
48	47		(3) "Commission"[, "commission"] means the Public
49	48		Utility Commission of Texas.
50	49		(4) "Dwelling unit" means one or more rooms that are
51	50		suitable for occupancy as a residence and that contain kitchen and
52	51		bathroom facilities. The term includes a manufactured home. The
53	52		term does not include a recreational vehicle.
54	53		(5) "Electricity supplier" means an electric utility,
55	54		a retail electric provider, a municipally owned utility, as defined
56	55		by Section 11.003, or an electric cooperative, as defined by
57	56		Section 11.003, from which an apartment owner, manufactured
58	57		community owner, or recreational vehicle park owner purchases
59	58		electric energy.
60	59		(6) "Electric utility" has the meaning assigned by
61	60		Section 31.002.
62	61		(7) "Manufactured home" or "manufactured housing" has
63	62		the meaning assigned in Section 1201.003, Occupations Code.
64	63		(8) "Manufactured housing community" has the meaning
65	64		assigned to "manufactured home community" by Section 94.001,
66	65		Property Code.
67	66		(9) "Recreational vehicle" has the meaning assigned by
68	67		Section 522.004, Transportation Code.
69	68		(10) "Recreational vehicle park" has the meaning
70	69		assigned by Section 13.087, Water Code.
71	70		(11) "Retail electric provider" has the meaning
72	71		assigned by Section 31.002.
73	72		(12) "Separately metered" has the meaning assigned by
74	73		Section 31.002.
75	74		(13) "Utility company" means an electric utility or a
76	75		transmission and distribution utility, as defined by Section
77	76		31.002.
78	77		SECTION 3. Subchapter A, Chapter 184, Utilities Code, is
79	78		amended by adding Section 184.002 to read as follows:
80	79		Sec. 184.002. ELECTRICITY SUPPLIER; APPLICABILITY OF TITLE
81	80		2. Notwithstanding Title 2, a person that is not regulated by the
82	81		commission under that title as an electric utility or a retail
83	82		electric provider for another activity may not be considered to be
84	83		an electric utility or a retail electric provider solely because
85	84		the person provides electric service in accordance with this
86	85		chapter and commission rules adopted under this chapter.
87	86		SECTION 4. The heading to Subchapter B, Chapter 184,
88	87		Utilities Code, is amended to read as follows:
89	88		SUBCHAPTER B. METERING IN APARTMENTS, CONDOMINIUMS, AND
90	89		MANUFACTURED HOUSING COMMUNITIES [MOBILE HOME PARKS]
91	90		SECTION 5. Section 184.012(a), Utilities Code, is amended
92	91		to read as follows:
93	92		(a) A political subdivision may not authorize the
94	93		construction or occupancy of a new apartment house, including the
95	94		conversion of property to a condominium, unless the construction
96	95		plan provides for the measurement of the quantity of electricity
97	96		consumed by the occupants of each dwelling unit of the apartment
98	97		house, either by separate [individual] metering by the utility
99	98		company or by submetering by the owner.
100	99		SECTION 6. Sections 184.013(a) and (c), Utilities Code, are
101	100		amended to read as follows:
102	101		(a) The owner of an apartment house or manufactured housing
103	102		community [mobile home park] may submeter each dwelling unit in the
104	103		apartment house or manufactured housing community that is not
105	104		separately metered [mobile home park] to measure the quantity of
106	105		electricity consumed by the occupants of the dwelling unit.
107	106		(c) If, not more than 90 days before the date an owner,
108	107		operator, or manager of an apartment house or manufactured housing
109	108		community installs individual meters or submeters in the apartment
110	109		house or manufactured housing community, the owner, operator, or
111	110		manager increases rental rates and the increase in rental rates is
112	111		attributable to the increased cost of utilities, the owner,
113	112		operator, or manager, on installation of the meters or submeters,
114	113		shall:
115	114		(1) immediately reduce the rental rate by the amount
116	115		of the increase attributable to the increased cost of utilities;
117	116		and
118	117		(2) refund the amount of the increased rent:
119	118		(A) collected in the 90-day period preceding the
120	119		installation of the meters or submeters; and
121	120		(B) attributable to the cost of increased
122	121		utilities.
123	122		SECTION 7. Sections 184.014(a) and (b), Utilities Code, are
124	123		amended to read as follows:
125	124		(a) The commission shall adopt rules under which an owner,
126	125		operator, or manager of an apartment house or manufactured housing
127	126		community [mobile home park] for which electricity is not
128	127		separately [individually] metered may install submetering
129	128		equipment to allocate fairly the cost of the electrical consumption
130	129		of each dwelling unit in the apartment house or manufactured
131	130		housing community [mobile home park].
132	131		(b) In addition to other appropriate safeguards for a tenant
133	132		of an apartment house or manufactured housing community [mobile
134	133		home park], a rule adopted under Subsection (a) must provide that:
135	134		(1) the apartment house owner or a manufactured
136	135		housing community [mobile home park] owner may not charge a tenant
137	136		more than the cost per kilowatt hour charged by the utility to the
138	137		owner; and
139	138		(2) the apartment house owner shall maintain adequate
140	139		records relating to submetering and make those records available
141	140		for inspection by the tenant during reasonable business hours.
142	141		SECTION 8. Sections 184.033, 184.034, 184.035, and 184.036,
143	142		Utilities Code, are amended to read as follows:
144	143		Sec. 184.033. METERED SALE UNDER THIS CHAPTER.
145	144		Notwithstanding any provision of Title 2, the metered sale of
146	145		electricity by a recreational vehicle park owner does not
147	146		constitute the provision of electric service for compensation if:
148	147		(1) the electricity is consumed in a recreational
149	148		vehicle that is located in a recreational vehicle park;
150	149		(2) the owner can show that the owner does not annually
151	150		recover from recreational vehicle occupants through metered
152	151		charges more than the electricity supplier [supplying utility]
153	152		charges the owner for electricity that is submetered, taking into
154	153		account fuel refunds;
155	154		(3) the owner establishes a fiscal year for the
156	155		purposes of this subchapter and maintains for at least three years
157	156		records of:
158	157		(A) bills received from the electricity supplier
159	158		[supplying utility];
160	159		(B) charges made to recreational vehicle
161	160		occupants; and
162	161		(C) consumption records for each fiscal year;
163	162		(4) the owner charges for electricity using a fixed
164	163		rate per kilowatt hour for each fiscal year computed at the
165	164		beginning of the fiscal year in the manner provided by Section
166	165		184.034; and
167	166		(5) the owner complies with the refund requirements of
168	167		Section 184.035.
169	168		Sec. 184.034. COMPUTATION OF CHARGES. (a) For the
170	169		purposes of computing the charge for electricity under Section
171	170		184.033(4), the recreational vehicle park owner shall divide the
172	171		amount charged the owner by the electricity supplier [supplying
173	172		utility] for the preceding fiscal year by the total number of
174	173		kilowatt hours consumed by occupants visiting the park in the
175	174		preceding fiscal year and round the quotient to the nearest cent.
176	175		(b) If since or during the preceding fiscal year the rates
177	176		the owner pays its electricity supplier have increased [supplying
178	177		utility increases its rates], the owner may recompute the preceding
179	178		fiscal year's charges [by the utility] using the current rates
180	179		[charged by the utility].
181	180		(c) If since or during the preceding fiscal year the rates
182	181		the owner pays its electricity supplier have decreased [supplying
183	182		utility decreases its rates], the owner shall recompute the
184	183		preceding fiscal year's charges [by the utility] using the current
185	184		rates [charged by the utility].
186	185		(d) An owner may not:
187	186		(1) include a charge by the electricity supplier
188	187		[supplying utility] for electricity used in a common area or office
189	188		of the recreational vehicle park in computing the amounts under
190	189		Subsection (b) or (c); or
191	190		(2) recover that charge through a metered charge to a
192	191		recreational vehicle occupant.
193	192		Sec. 184.035. REFUND OF SURCHARGES. A recreational vehicle
194	193		park owner who determines at the end of a fiscal year that the owner
195	194		has collected more than the amount charged by the electricity
196	195		supplier [supplying utility] shall refund the excess amount to
197	196		occupants visiting the park in the succeeding fiscal year.
198	197		Sec. 184.036. UTILITY CUTOFF AT RECREATIONAL VEHICLE PARK.
199	198		Notwithstanding any other law, a person who operates a recreational
200	199		vehicle park[, as defined by Section 13.087, Water Code,] may
201	200		withhold electric, water, or wastewater utility services from a
202	201		person occupying a recreational vehicle at the park if the occupant
203	202		is delinquent in paying for utility services provided by the
204	203		operator until the occupant pays the delinquent amount.
205	204		SECTION 9. Chapter 184, Utilities Code, is amended by
206	205		adding Subchapter C-1 to read as follows:
207	206		SUBCHAPTER C-1. MIXED USE FACILITIES
208	207		Sec. 184.0401. APPLICABILITY. This subchapter applies to
209	208		dwelling units and recreational vehicles that:
210	209		(1) are not separately metered; and
211	210		(2) are located on a property that includes at least
212	211		two of the following types of housing:
213	212		(A) apartment houses;
214	213		(B) manufactured homes; and
215	214		(C) recreational vehicles.
216	215		Sec. 184.0402. METERING AND BILLING REQUIREMENTS. (a) A
217	216		submetered dwelling unit is subject to the metering and billing
218	217		requirements applicable to a dwelling unit under Subchapter B.
219	218		(b) Except as provided by Subsection (c), a submetered
220	219		recreational vehicle is subject to the metering and billing
221	220		requirements applicable to a recreational vehicle under Subchapter
222	221		C.
223	222		(c) The owner of a property that includes at least one
224	223		submetered recreational vehicle and at least one submetered
225	224		manufactured home may choose to apply the metering and billing
226	225		requirements applicable to a dwelling unit under Subchapter B to
227	226		manufactured homes and recreational vehicles on the property.
228	227		(d) A dwelling unit or recreational vehicle that is not
229	228		submetered is subject to the billing requirements of Subchapter D.
230	229		Sec. 184.0403. RULES. The commission shall adopt rules
231	230		under which an owner of a property described by Section 184.0401(2)
232	231		may install submetering equipment to fairly allocate the cost of
233	232		electric energy consumption of each dwelling unit or recreational
234	233		vehicle.
235	234		SECTION 10. Section 184.051(8), Utilities Code, is amended
236	235		to read as follows:
237	236		(8) "Utility" means an electric [a public, private, or
238	237		member-owned] utility, a retail electric provider, an electric
239	238		cooperative, or a municipally owned utility that provides
240	239		electricity, water, or wastewater service to an apartment house
241	240		served by a master meter.
242	241		SECTION 11. Section 184.071(a), Utilities Code, is amended
243	242		to read as follows:
244	243		(a) A landlord who violates a commission rule relating to
245	244		submetering of electric utilities consumed exclusively in a
246	245		tenant's dwelling unit or a rule relating to the allocation of
247	246		central system utility costs or nonsubmetered master metered
248	247		electricity [electric utility] costs is liable to the tenant for:
249	248		(1) three times the amount of any overcharge;
250	249		(2) a civil penalty equal to one month's rent;
251	250		(3) reasonable attorney's fees; and
252	251		(4) court costs.
253	252		SECTION 12. The following provisions of the Utilities Code
254	253		are repealed:
255	254		(1) Section 184.011;
256	255		(2) Section 184.031; and
257	256		(3) Sections 184.051(1), (2), and (5).
258	257		SECTION 13. This Act takes effect September 1, 2019.