Bill Text: TX SB2195 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to metering and billing requirements for certain apartment houses, manufactured homes, and recreational vehicles.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-16 - Committee report sent to Calendars [SB2195 Detail]
Download: Texas-2019-SB2195-Comm_Sub.html
By: Lucio | S.B. No. 2195 | |
(Martinez) | ||
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relating to metering and billing requirements for certain apartment | ||
houses, manufactured homes, and recreational vehicles. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.554(e), Utilities Code, is amended to | ||
read as follows: | ||
(e) An electric utility that approves an application of a | ||
distributed renewable generation owner under Subsection (b) shall | ||
provide to the owner the metering options described by Section | ||
39.916(f) and an option to interconnect with the utility through a | ||
single meter that runs forward and backward if: | ||
(1) the owner: | ||
(A) intends to interconnect the distributed | ||
renewable generation at an apartment house, as defined by Section | ||
184.001 [ |
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qualifies for master metering under Section 184.012(b) and the | ||
distributed renewable generation is reasonably expected to | ||
generate not less than 50 percent of the apartment house's annual | ||
electricity use; or | ||
(B) has a qualifying facility with a design | ||
capacity of not more than 50 kilowatts; and | ||
(2) the distributed renewable generation or | ||
qualifying facility that is the subject of the application is rated | ||
to produce an amount of electricity that is less than or equal to: | ||
(A) the owner's estimated annual kilowatt hour | ||
consumption for a new apartment house or qualifying facility; or | ||
(B) the amount of electricity the owner consumed | ||
in the year before installation of the distributed renewable | ||
generation or qualifying facility. | ||
SECTION 2. Section 184.001, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 184.001. DEFINITIONS [ |
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(1) "Apartment house" means one or more buildings | ||
containing more than five dwelling units each of which is rented | ||
primarily for nontransient use with rent paid at intervals of one | ||
week or longer. The term includes a rented or owner-occupied | ||
residential condominium. | ||
(2) "Apartment house owner" means: | ||
(A) the legal titleholder of an apartment house; | ||
or | ||
(B) an individual, firm, or corporation that | ||
purports to be the landlord of a tenant of an apartment house. | ||
(3) "Commission"[ |
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Utility Commission of Texas. | ||
(4) "Dwelling unit" means one or more rooms that are | ||
suitable for occupancy as a residence and that contain kitchen and | ||
bathroom facilities. The term includes a manufactured home. The | ||
term does not include a recreational vehicle. | ||
(5) "Electricity supplier" means an electric utility, | ||
a retail electric provider, a municipally owned utility, as defined | ||
by Section 11.003, or an electric cooperative, as defined by | ||
Section 11.003, from which an apartment owner, manufactured | ||
community owner, or recreational vehicle park owner purchases | ||
electric energy. | ||
(6) "Electric utility" has the meaning assigned by | ||
Section 31.002. | ||
(7) "Manufactured home" or "manufactured housing" has | ||
the meaning assigned in Section 1201.003, Occupations Code. | ||
(8) "Manufactured housing community" has the meaning | ||
assigned to "manufactured home community" by Section 94.001, | ||
Property Code. | ||
(9) "Recreational vehicle" has the meaning assigned by | ||
Section 522.004, Transportation Code. | ||
(10) "Recreational vehicle park" has the meaning | ||
assigned by Section 13.087, Water Code. | ||
(11) "Retail electric provider" has the meaning | ||
assigned by Section 31.002. | ||
(12) "Separately metered" has the meaning assigned by | ||
Section 31.002. | ||
(13) "Utility company" means an electric utility or a | ||
transmission and distribution utility, as defined by Section | ||
31.002. | ||
SECTION 3. Subchapter A, Chapter 184, Utilities Code, is | ||
amended by adding Section 184.002 to read as follows: | ||
Sec. 184.002. ELECTRICITY SUPPLIER; APPLICABILITY OF TITLE | ||
2. Notwithstanding Title 2, a person that is not regulated by the | ||
commission under that title as an electric utility or a retail | ||
electric provider for another activity may not be considered to be | ||
an electric utility or a retail electric provider solely because | ||
the person provides electric service in accordance with this | ||
chapter and commission rules adopted under this chapter. | ||
SECTION 4. The heading to Subchapter B, Chapter 184, | ||
Utilities Code, is amended to read as follows: | ||
SUBCHAPTER B. METERING IN APARTMENTS, CONDOMINIUMS, AND | ||
MANUFACTURED HOUSING COMMUNITIES [ |
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SECTION 5. Section 184.012(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) A political subdivision may not authorize the | ||
construction or occupancy of a new apartment house, including the | ||
conversion of property to a condominium, unless the construction | ||
plan provides for the measurement of the quantity of electricity | ||
consumed by the occupants of each dwelling unit of the apartment | ||
house, either by separate [ |
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company or by submetering by the owner. | ||
SECTION 6. Sections 184.013(a) and (c), Utilities Code, are | ||
amended to read as follows: | ||
(a) The owner of an apartment house or manufactured housing | ||
community [ |
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apartment house or manufactured housing community that is not | ||
separately metered [ |
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electricity consumed by the occupants of the dwelling unit. | ||
(c) If, not more than 90 days before the date an owner, | ||
operator, or manager of an apartment house or manufactured housing | ||
community installs individual meters or submeters in the apartment | ||
house or manufactured housing community, the owner, operator, or | ||
manager increases rental rates and the increase in rental rates is | ||
attributable to the increased cost of utilities, the owner, | ||
operator, or manager, on installation of the meters or submeters, | ||
shall: | ||
(1) immediately reduce the rental rate by the amount | ||
of the increase attributable to the increased cost of utilities; | ||
and | ||
(2) refund the amount of the increased rent: | ||
(A) collected in the 90-day period preceding the | ||
installation of the meters or submeters; and | ||
(B) attributable to the cost of increased | ||
utilities. | ||
SECTION 7. Sections 184.014(a) and (b), Utilities Code, are | ||
amended to read as follows: | ||
(a) The commission shall adopt rules under which an owner, | ||
operator, or manager of an apartment house or manufactured housing | ||
community [ |
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separately [ |
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equipment to allocate fairly the cost of the electrical consumption | ||
of each dwelling unit in the apartment house or manufactured | ||
housing community [ |
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(b) In addition to other appropriate safeguards for a tenant | ||
of an apartment house or manufactured housing community [ |
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(1) the apartment house owner or a manufactured | ||
housing community [ |
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more than the cost per kilowatt hour charged by the utility to the | ||
owner; and | ||
(2) the apartment house owner shall maintain adequate | ||
records relating to submetering and make those records available | ||
for inspection by the tenant during reasonable business hours. | ||
SECTION 8. Sections 184.033, 184.034, 184.035, and 184.036, | ||
Utilities Code, are amended to read as follows: | ||
Sec. 184.033. METERED SALE UNDER THIS CHAPTER. | ||
Notwithstanding any provision of Title 2, the metered sale of | ||
electricity by a recreational vehicle park owner does not | ||
constitute the provision of electric service for compensation if: | ||
(1) the electricity is consumed in a recreational | ||
vehicle that is located in a recreational vehicle park; | ||
(2) the owner can show that the owner does not annually | ||
recover from recreational vehicle occupants through metered | ||
charges more than the electricity supplier [ |
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charges the owner for electricity that is submetered, taking into | ||
account fuel refunds; | ||
(3) the owner establishes a fiscal year for the | ||
purposes of this subchapter and maintains for at least three years | ||
records of: | ||
(A) bills received from the electricity supplier | ||
[ |
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(B) charges made to recreational vehicle | ||
occupants; and | ||
(C) consumption records for each fiscal year; | ||
(4) the owner charges for electricity using a fixed | ||
rate per kilowatt hour for each fiscal year computed at the | ||
beginning of the fiscal year in the manner provided by Section | ||
184.034; and | ||
(5) the owner complies with the refund requirements of | ||
Section 184.035. | ||
Sec. 184.034. COMPUTATION OF CHARGES. (a) For the | ||
purposes of computing the charge for electricity under Section | ||
184.033(4), the recreational vehicle park owner shall divide the | ||
amount charged the owner by the electricity supplier [ |
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kilowatt hours consumed by occupants visiting the park in the | ||
preceding fiscal year and round the quotient to the nearest cent. | ||
(b) If since or during the preceding fiscal year the rates | ||
the owner pays its electricity supplier have increased [ |
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fiscal year's charges [ |
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[ |
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(c) If since or during the preceding fiscal year the rates | ||
the owner pays its electricity supplier have decreased [ |
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preceding fiscal year's charges [ |
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rates [ |
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(d) An owner may not: | ||
(1) include a charge by the electricity supplier | ||
[ |
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of the recreational vehicle park in computing the amounts under | ||
Subsection (b) or (c); or | ||
(2) recover that charge through a metered charge to a | ||
recreational vehicle occupant. | ||
Sec. 184.035. REFUND OF SURCHARGES. A recreational vehicle | ||
park owner who determines at the end of a fiscal year that the owner | ||
has collected more than the amount charged by the electricity | ||
supplier [ |
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occupants visiting the park in the succeeding fiscal year. | ||
Sec. 184.036. UTILITY CUTOFF AT RECREATIONAL VEHICLE PARK. | ||
Notwithstanding any other law, a person who operates a recreational | ||
vehicle park[ |
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withhold electric, water, or wastewater utility services from a | ||
person occupying a recreational vehicle at the park if the occupant | ||
is delinquent in paying for utility services provided by the | ||
operator until the occupant pays the delinquent amount. | ||
SECTION 9. Chapter 184, Utilities Code, is amended by | ||
adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. MIXED USE FACILITIES | ||
Sec. 184.0401. APPLICABILITY. This subchapter applies to | ||
dwelling units and recreational vehicles that: | ||
(1) are not separately metered; and | ||
(2) are located on a property that includes at least | ||
two of the following types of housing: | ||
(A) apartment houses; | ||
(B) manufactured homes; and | ||
(C) recreational vehicles. | ||
Sec. 184.0402. METERING AND BILLING REQUIREMENTS. (a) A | ||
submetered dwelling unit is subject to the metering and billing | ||
requirements applicable to a dwelling unit under Subchapter B. | ||
(b) Except as provided by Subsection (c), a submetered | ||
recreational vehicle is subject to the metering and billing | ||
requirements applicable to a recreational vehicle under Subchapter | ||
C. | ||
(c) The owner of a property that includes at least one | ||
submetered recreational vehicle and at least one submetered | ||
manufactured home may choose to apply the metering and billing | ||
requirements applicable to a dwelling unit under Subchapter B to | ||
manufactured homes and recreational vehicles on the property. | ||
(d) A dwelling unit or recreational vehicle that is not | ||
submetered is subject to the billing requirements of Subchapter D. | ||
Sec. 184.0403. RULES. The commission shall adopt rules | ||
under which an owner of a property described by Section 184.0401(2) | ||
may install submetering equipment to fairly allocate the cost of | ||
electric energy consumption of each dwelling unit or recreational | ||
vehicle. | ||
SECTION 10. Section 184.051(8), Utilities Code, is amended | ||
to read as follows: | ||
(8) "Utility" means an electric [ |
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cooperative, or a municipally owned utility that provides | ||
electricity, water, or wastewater service to an apartment house | ||
served by a master meter. | ||
SECTION 11. Section 184.071(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) A landlord 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 | ||
electricity [ |
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(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. | ||
SECTION 12. The following provisions of the Utilities Code | ||
are repealed: | ||
(1) Section 184.011; | ||
(2) Section 184.031; and | ||
(3) Sections 184.051(1), (2), and (5). | ||
SECTION 13. This Act takes effect September 1, 2019. |