Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Rangel H.B. No. 2316
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of utility service in economically
1-3 distressed subdivisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 232.029, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 232.029. Connection of Utilities. (a) Except as
1-8 provided by Section 232.037(c), a utility may not serve or connect
1-9 any subdivided land with water or sewer services unless the utility
1-10 receives a certificate issued by the commissioners court under
1-11 Section 232.028(a) or receives a determination from the
1-12 commissioners court under Section 232.028(b)(1) that the plat has
1-13 been reviewed and approved by the commissioners court.
1-14 (b) Except as provided by Section 232.037(c), a utility may
1-15 not serve or connect any subdivided land with electricity or gas
1-16 unless the entity receives a determination from the county
1-17 commissioners court under Section 232.028(b)(2) that adequate water
1-18 and sewer services have been installed to service the subdivision.
1-19 (c) Notwithstanding the requirements of subsections (a) or
1-20 (b) of this section, an electric, gas, water or sewer utility may
1-21 provide utility connection or service to a lot if the following
1-22 conditions are satisfied:
1-23 (i) the lot was sold or conveyed through a
1-24 contract for deed, executory contract, or other means of conveyance
2-1 prior to July 1, 1995; and
2-2 (ii) the lot is located within a
2-3 subdivision where the utility has previously established service.
2-4 [(c) The prohibition established by this section shall not
2-5 prohibit an electric or gas utility from providing electric or gas
2-6 utility connection or service to a lot being sold, conveyed, or
2-7 purchased through a contract for deed or executory contract or
2-8 other device by a subdivider prior to July 1, 1995, which is
2-9 located within a subdivision where the utility has previously
2-10 established service and was subdivided by a plat approved prior to
2-11 September 1, 1989.]
2-12 (d) In order to establish that a lot was sold or conveyed
2-13 prior to July 1, 1995 under subsection (c), the purchaser shall
2-14 provide the utility with either:
2-15 (i) a copy of the contract for deed,
2-16 executory contract, or other conveyancing device by which the
2-17 property was sold or conveyed to the purchaser prior to July 1,
2-18 1995; or
2-19 (ii) a notarized affidavit stating that
2-20 the purchaser bought or was conveyed the lot prior to July 1, 1995.
2-21 SECTION 2. Section 212.012, Local Government Code, is
2-22 amended to read as follows:
2-23 Sec. 212.012. Connection of Utilities. (a) An entity
2-24 described by Subsection (b) may not serve or connect any land with
2-25 water, sewer, electricity, gas, or other utility service unless the
2-26 entity has been presented with or otherwise holds a certificate
2-27 applicable to the land issued under Section 212.0115.
2-28 (b) The prohibition established by Subsection (a) applies
2-29 only to:
2-30 (1) a municipality and officials of a municipality
3-1 that provides water, sewer, electricity, gas, or other utility
3-2 service;
3-3 (2) a municipally owned or municipally operated
3-4 utility that provides any of those services;
3-5 (3) a public utility that provides any of those
3-6 services;
3-7 (4) a water supply or sewer service corporation
3-8 organized and operating under Chapter 76, Acts of the 43rd
3-9 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
3-10 Texas Civil Statutes), that provides any of those services;
3-11 (5) a county that provides any of those services;
3-12 (6) a special district or authority created by or
3-13 under state law that provides any of those services.
3-14 (c) Notwithstanding the requirements of subsection (a) of
3-15 this section, an entity described in subsection (b) may provide
3-16 water, sewer, electricity, gas, or other utility connection or
3-17 service to land if one of the following conditions is met:
3-18 (i) the land is covered by a development
3-19 plat approved under Subchapter B or under an ordinance or rule
3-20 relating to the development plat;
3-21 (ii) the land was first served or
3-22 connected with service by an entity described by Subsection (b)(1),
3-23 (2), or (3) prior to September 1, 1987;
3-24 (iii) the land was first served or
3-25 connected with service by an entity described by Subsection (b)(4),
3-26 (5), or (6) prior to September 1, 1989; or
3-27 (iv) the land was sold or conveyed through
3-28 a contract for deed, executory contract, or other means of
3-29 conveyance prior to September 1, 1995 and the land is located
3-30 within a subdivision where the entity has previously provided
4-1 service.
4-2 [(c) This section does not apply to any area covered by a
4-3 development plat duly approved under Subchapter B or under an
4-4 ordinance or rule relating to the development plat.]
4-5 (d) In order to establish that a lot was sold or conveyed
4-6 prior to September 1, 1995 under subsection (c), the purchaser
4-7 shall provide the utility with either:
4-8 (i) a copy of the contract for deed,
4-9 executory contract, or other conveyancing device by which the
4-10 property was sold or conveyed to the purchaser prior to September
4-11 1, 1995; or
4-12 (ii) a notarized affidavit stating that
4-13 the purchaser bought or was conveyed the lot prior to September 1,
4-14 1995.
4-15 [(d) The prohibition established by Subsection (a) applies
4-16 only to land that an entity described by Subsection (b)(1), (2), or
4-17 (3) first serves or first connects with services on or after
4-18 September 1, 1987. The prohibition applies only to land that an
4-19 entity described by Subsection (b)(4), (5), or (6) first serves or
4-20 first connects with services on or after September 1, 1989.]
4-21 SECTION 3. EMERGENCY. The importance of this legislation and
4-22 the crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.