SLC C.S.S.B. 1512 75(R)    BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.S.B. 1512
By: Truan (Rangel)
4-28-97
Committee Report (Substituted)



BACKGROUND 

A large number of people are living in subdivisions that have been
developed in economically distressed areas throughout South Texas along
the international border with Mexico and in parts of East Texas.  People
bought land in these subdivisions based on the assumption, and sometimes
on the express promise from the developer, that basic services - such as
water, sewer, electricity, and gas - would be provided.  Many of these
developers have disappeared without platting the subdivisions and without
providing for basic services. 

Current law penalizes the residents of subdivisions that have been
abandoned by the developer. A water, sewer, electric or gas  utility may
not provide hook-ups or service to residents of a subdivision that has not
been platted.  Therefore, even in subdivisions where current water, sewer
electrical or gas services exist, residents may be prohibited from
utilizing these services.  Some argue that this prohibition on the
utilization of existing services creates a serious and unacceptable health
hazard from third world illnesses for the residents of these subdivisions.

PURPOSE

SB 1512 is designed to allow utilities to serve residents who purchased
lots prior to July 1, 1995 in subdivisions in which the utilities
currently provide service.  The legislation  will not allow utilities to
bring new service into subdivisions that are not platted.  It is intended
simply to allow those persons who were provided with no notice, when they
purchased lots that those lots would not be provided with utility service
to hook up to the utility services that already exist in their
subdivisions. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sec. 212.012, Local Gov. Code, by amending (a), (c),
and (d) and adding (e), (f), (g) and (h) as follows: 

 (a) Adds except as provided by subsection (c).

 (c) States that an entity described by (b) may serve or connect land with
water, sewer, electricity, gas, or other utility service.  Sets forth
conditions on the land for which the entity can serve.  
 
 (d) Sets forth  certain conditions on the person requesting the service
before the entity can provide service. 

 (e) Sets for conditions a person must meet to obtain a certificate under
(c)(4). 

 (f) States that on request, the municipal authority responsible for
approving plats shall provide to the attorney general and any appropriate
law enforcement official a copy of any  document the municipal authority
used in determining the legality of providing service. 

 (g) States that this section may not be construed to abrogate any civil
or criminal proceeding or prosecution or to waive any penalty against a
subdivider for a violation of a state or local law, regardless of the date
on which the violation occurred. 

 (h) Sets forth definitions.

SECTION 2.  Amends Sec. 232.029, Local Gov. Code, as follows:

 Sec. 232.029.  CONNECTION OF UTILITIES.  Sets up conditions for which
entities/utilities can connect and serve certain subdivisions and
subdivided tracts of land. Additionally, this section sets forth that a
person requesting to obtain a certificate under (c) must provide certain
information to the commissioners court.  The commissioners court shall
provide to the attorney general and any appropriate law enforcement
official a copy of any document the municipal authority used in
determining the legality of providing service.  This section also has a
provision that states that this section may not be construed to abrogate
any civil or criminal proceeding or prosecution or to waive any penalty
against a subdivider for a violation of a state or local law, regardless
of the date on which the violation occurred.  Sets forth definitions. 

SECTION 3.  Effective date: September 1, 1997.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSSB 1512 is a Legislative Council draft and the original legislation was
not, most changes are a result of "clean-up". 

CSSB 1512 deletes the language in Sec. 232.029(e)(2) and Sec.
21.012(e)(2), Local Gov. Code, that refers to "an equivalent structure for
a pier and beam home".