Bill Text: TX HB3341 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to requirements for adding a dwelling unit that has individual unit metering to an electric service plan; imposing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-25 - Left pending in committee [HB3341 Detail]
Download: Texas-2019-HB3341-Introduced.html
86R11124 BRG-F | ||
By: Davis of Dallas | H.B. No. 3341 |
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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, [ |
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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 [ |
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unintentional mistake made in good faith. | ||
SECTION 3. This Act takes effect September 1, 2019. |