CHAPTER 184. ELECTRIC AND WATER METERING
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.