SRC-TNM C.S.S.B. 1512 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1512
By: Truan
International Relations Trade & Technology
4-3-97
Committee Report (Substituted)


DIGEST 

Currently, a significant 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 some parts of East
Texas.  Many people purchased land in these subdivisions based on the
assumption and sometimes on the promise of the developer, that basic
service, 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.   

Texas penalizes the residents of subdivisions that have been abandoned by
the developer.  A water, sewer, electric, or gas utility is prohibited
from providing hook-ups or service to residents of a subdivision that has
not been platted.  Therefore, even in subdivisions where current water,
sewer, electric, or gas services exist, residents may be prohibited from
utilizing those services.  This prohibition on the utilization of existing
services increases the risk of health hazard from third world illnesses
for the residents of these subdivisions.  Health risk along the border in
affected countries, the mobile nature of the residents and trade,
transportation, and commerce along the border of the United States
increases the risk of disease spreading to the residents of this state.
C.S.S.B. 1512 would allow utilities to serve residents who purchased lots
prior to July 1, 1995 in subdivisions in which the utilities currently
provide service.     

PURPOSE

As proposed, C.S.S.B. 1512 outlines provisions regarding the provision of
utility service in economically distressed areas. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 212.012, Local Government Code, by amending
Subsections (a), (c), and (d), and by adding Subsection (e), to prohibit
an entity described by Subsection (b) from serving or connecting any land
with certain utility services unless the entity is in possession of a
certificate applicable to the land issued under Section 212.0115 except as
provided by Subsection (c).  Sets forth instances in which an entity
described by Subsection (b) is authorized to serve or connect with certain
utility services regardless of whether the entity is in possession of a
certificate applicable to the land issued under Section 212.0115. Deletes
text describing an area for which this section does not apply. Sets forth
instances in which an entity described by Subsection (b) is authorized to
provide utility service to land described by Subsection (c)(4).  Deletes
existing Subsection (d) regarding certain prohibitions.  Requires the
municipal authority to provide, on request, to the attorney general and
any appropriate local, county, or state law enforcement official a copy of
any document on which the municipal authority relied in determining the
legality of providing service.  

SECTION 2. Amends Section 232.029, Local Government Code, to prohibit a
utility from serving or connecting any subdivided land with water or sewer
services unless the utility is in possession of a certain certificate or
receives a certain determination from the commissioners court, except as
provided by Subsection (c) or Section 232.037(c).  Sets forth instances in
which a certain service utility is authorized to serve or connect
subdivided land with certain utility services regardless of  whether the
utility receives a certificate issued by the commissioners court under
Section 232.028(a) or receives a determination from the commissioners
court under Section 232.028(b).  Sets forth instances in which a utility
is authorized to provide utility service to subdivided land described by
Subsection (c).  Requires the commissioners court to provide, on request,
to the attorney general and any appropriate local, county, or state law
enforcement official a copy of any document on which the commissioners
court relied in determining the legality of providing service. Deletes
text prohibiting an electric or gas utility from providing electric or gas
utility connection or service to a certain lot by a certain subdivider
prior to July 1, 1995.  Makes a conforming change. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.
  

SUMMARY OF COMMITTEE CHANGES

Amends proposed relating clause.

SECTION 1.

Amends Section 212.012, Local Government Code, by amending Subsections
(a), (c), and (d), and by adding Subsection (e), regarding the provision
of utility service in certain areas. Deletes text regarding the
applicability of the text to certain areas. 

SECTION 2.

Amends Section 232.029, Local Government Code, regarding the connection of
utilities and the provision of utility service to certain areas.  Deletes
text regarding prohibitions for the connection of utilities. 

SECTION 3.

Amends the effective date to September 1, 1997.

SECTION 4.

Adds SECTION 4 regarding the emergency clause.