CHAPTER 184. ELECTRIC AND WATER METERING - Texas Statutes

UTILITIES CODE

TITLE 4. DELIVERY OF UTILITY SERVICES

SUBTITLE B. PROVISIONS REGULATING DELIVERY OF SERVICES

CHAPTER 184. ELECTRIC AND WATER METERING

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 184.001. DEFINITION. In this chapter, "commission" means

the Public Utility Commission of Texas.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. METERING IN APARTMENTS, CONDOMINIUMS, AND MOBILE

HOME PARKS

Sec. 184.011. DEFINITIONS. In this subchapter:

(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) "Dwelling unit" means:

(A) one or more rooms that are suitable for occupancy as a

residence and that contain kitchen and bathroom facilities; or

(B) a mobile home in a mobile home park.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 184.012. NEW CONSTRUCTION OR CONVERSION. (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

individual metering by the utility company or by submetering by

the owner.

(b) This section does not prohibit a political subdivision from

issuing a permit to a nonprofit organization for construction of

a new apartment house for occupancy by low-income elderly tenants

if the nonprofit organization establishes, by submitting

engineering and cost data and a sworn statement, that all cost

savings will be passed on to the low-income elderly tenants.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 184.0125. HOUSING FOR OLDER PERSONS. (a) Section 184.012

does not prohibit a political subdivision from issuing a permit

for the construction of housing for older persons with 100 or

more dwelling units.

(b) Before issuing a permit, certificate, or other authorization

for the construction of housing for older persons, a political

subdivision shall require that the construction plan provide for

the requirements prescribed by this section.

(c) To qualify for the exemption provided by this section, the

housing, at a minimum, must have:

(1) significant facilities and services specifically designed to

meet the physical or social needs of older persons or, if the

provision of those facilities and services is not practicable,

the housing must be necessary to provide important housing

opportunities for older persons;

(2) at least 80 percent of the dwelling units set aside for

occupancy by at least one person 55 years of age or older in each

dwelling unit; and

(3) policies and procedures that demonstrate an intent by the

owner or manager to provide housing for persons 55 years of age

or older.

(d) The owner or manager must adhere to the policies and

procedures required by Subsection (c)(3).

(e) In this section, "housing for older persons" means housing:

(1) intended for and solely occupied by persons 62 years of age

or older; or

(2) intended and operated for occupancy by at least one person

55 years of age or older in each dwelling unit.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.16(a), eff. Sept.

1, 1999.

Sec. 184.013. SUBMETERING. (a) The owner of an apartment house

or mobile home park may submeter each dwelling unit in the

apartment house or mobile home park to measure the quantity of

electricity consumed by the occupants of the dwelling unit.

(b) Electric submetering equipment is subject to:

(1) the same rules adopted by the commission for accuracy,

testing, and recordkeeping of meters installed by electric

utilities; and

(2) the meter testing requirements of Subchapter C, Chapter 38.

(c) If not more than 90 days before the date an owner, operator,

or manager of an apartment house installs individual meters or

submeters in the apartment house 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.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 184.014. RULES. (a) The commission shall adopt rules

under which an owner, operator, or manager of an apartment house

or mobile home park for which electricity is not individually

metered may install submetering equipment to allocate fairly the

cost of the electrical consumption of each dwelling unit in the

apartment house or mobile home park.

(b) In addition to other appropriate safeguards for a tenant of

an apartment house or mobile home park, a rule adopted under

Subsection (a) must provide that:

(1) the apartment house owner or a mobile home park owner may

not charge a tenant 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.

(c) A rule adopted under this section has the same effect as a

rule adopted under Title 2, and a utility company and the owner,

operator, or manager of an apartment house subject to this

subchapter is subject to enforcement under Sections 15.021,

15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER C. METERING IN RECREATIONAL VEHICLE PARKS

Sec. 184.031. DEFINITIONS. In this subchapter:

(1) "Recreational vehicle" has the meaning assigned by Section

522.004(b), Transportation Code.

(2) "Supplying utility" means the electric utility from which a

recreational vehicle park owner purchases electricity consumed at

the recreational vehicle park.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 184.032. METERED SALE UNDER COMMISSION RULES. The metered

sale of electricity by a recreational vehicle park owner in

compliance with submetering rules adopted by the commission under

Title 2 does not constitute the provision of electric service for

compensation.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

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 supplying utility 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 supplying utility;

(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.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

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 supplying utility for the preceding

fiscal year by the total number of 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 supplying

utility increases its rates, the owner may recompute the

preceding fiscal year's charges by the utility using the current

rates charged by the utility.

(c) If since or during the preceding fiscal year the supplying

utility decreases its rates, the owner shall recompute the

preceding fiscal year's charges by the utility using the current

rates charged by the utility.

(d) An owner may not:

(1) include a charge by the supplying utility for electricity

used in a common area or office 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.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

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 supplying

utility shall refund the excess amount to occupants visiting the

park in the succeeding fiscal year.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER D. CENTRAL SYSTEM UTILITIES

Sec. 184.051. DEFINITIONS. In this subchapter:

(1) "Apartment house" means one or more buildings containing two

or more dwelling units rented primarily for nontransient use with

rent paid at intervals of one week or longer.

(2) "Apartment house owner" means the legal titleholder of an

apartment house or an individual, firm, or corporation purporting

to be the landlord of tenants in the apartment house.

(3) "Central system utilities" means electricity and water

consumed by and wastewater services related to a central air

conditioning system, central heating system, central hot water

system, or central chilled water system in an apartment house.

The term does not include utilities directly consumed in a

dwelling unit.

(4) "Customer" means an individual, firm, or corporation in

whose name a master meter is connected by a utility.

(5) "Dwelling unit" means one or more rooms that are suitable

for occupancy as a residence and that contain kitchen and

bathroom facilities.

(6) "Nonsubmetered master metered utility service" means an

electric utility service that is master metered for an apartment

house but is not submetered.

(7) "Tenant" means a person who is entitled to occupy a dwelling

unit in an apartment house to the exclusion of others and who is

obligated to pay for the occupancy under a written or oral rental

agreement.

(8) "Utility" means a public, private, or member-owned utility

that provides electricity, water, or wastewater service to an

apartment house served by a master meter.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 184.052. RULES. (a) The commission shall adopt rules

governing billing systems or methods used by an apartment house

owner to prorate or allocate among tenants central system utility

costs or nonsubmetered master metered utility service costs.

(b) In addition to other appropriate safeguards for a tenant of

an apartment house, a rule adopted under this section must

require that:

(1) a rental agreement contain:

(A) a clear written description of the method of computing the

allocation of central system utilities or nonsubmetered master

metered utilities for the apartment house; and

(B) a statement of the average apartment unit monthly bill for

all apartment units for any allocation of central system

utilities' costs or nonsubmetered master metered utility service

costs for the previous calendar year; and

(2) the apartment house owner:

(A) not impose a charge on a tenant in excess of the actual

charge imposed on the owner for utility consumption by the

apartment house; and

(B) maintain adequate records, including utility bills and

records concerning the central system utility or nonsubmetered

master metered utility service consumption of the apartment

house, the charges assessed by the utility, and the allocation of

central system utilities' costs or nonsubmetered master metered

utility service costs to the tenants and make the records

available for inspection by the tenants during normal business

hours.

(c) A rule adopted under this section has the same effect as a

rule adopted under Title 2, and an owner, operator, or manager of

an apartment house subject to this subchapter is subject to

enforcement under Sections 15.021, 15.022, 15.028, 15.029,

15.030, 15.031, 15.032, and 15.033.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER E. LIABILITY FOR RULE VIOLATION

Sec. 184.071. LIABILITY. (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 electric utility costs is liable to

the tenant 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 is not liable for the civil penalty provided by

Subsection (a)(2) if the landlord proves that the landlord's

violation of the rule was an unintentional mistake made in good

faith.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.