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".