By: Truan, Zaffirini S.B. No. 1512
Shapleigh, Lucio
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of utility service in economically
1-2 distressed areas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 212.012, Local Government Code, is
1-5 amended by amending Subsections (a), (c), and (d) and adding
1-6 Subsections (e), (f), (g), and (h) to read as follows:
1-7 (a) Except as provided by Subsection (c), an [An] entity
1-8 described by Subsection (b) may not serve or connect any land with
1-9 water, sewer, electricity, gas, or other utility service unless the
1-10 entity has been presented with or otherwise holds a certificate
1-11 applicable to the land issued under Section 212.0115.
1-12 (c) An entity described by Subsection (b) may serve or
1-13 connect land with water, sewer, electricity, gas, or other utility
1-14 service regardless of whether the entity is presented with or
1-15 otherwise holds a certificate applicable to the land issued under
1-16 Section 212.0115 if:
1-17 (1) the land is covered by a development plat approved
1-18 under Subchapter B or under an ordinance or rule relating to the
1-19 development plat;
1-20 (2) the land was first served or connected with
1-21 service by an entity described by Subsection (b)(1), (b)(2), or
1-22 (b)(3) before September 1, 1987;
1-23 (3) the land was first served or connected with
2-1 service by an entity described by Subsection (b)(4), (b)(5), or
2-2 (b)(6) before September 1, 1989; or
2-3 (4) the municipal authority responsible for approving
2-4 plats issues a certificate stating that:
2-5 (A) the land before September 1, 1995, was sold
2-6 or conveyed to the person requesting service by any means of
2-7 conveyance, including a contract for deed or executory contract;
2-8 (B) the land is located in a subdivision in
2-9 which the entity has previously provided service;
2-10 (C) the land is located outside the limits of
2-11 the municipality;
2-12 (D) the land is located in an "affected county"
2-13 as that term is defined by Section 232.021; and
2-14 (E) construction of a residence, evidenced by at
2-15 least the existence of a completed foundation or an equivalent
2-16 structure for a pier and beam home, was begun on or before May 1,
2-17 1997. "Foundation" means the lowest division of a residence,
2-18 usually consisting of a masonry slab or a pier and beam structure,
2-19 that is partly or wholly below the surface of the ground and on
2-20 which the residential structure rests. [This section does not
2-21 apply to any area covered by a development plat duly approved under
2-22 Subchapter B or under an ordinance or rule relating to the
2-23 development plat.]
2-24 (d) An entity described by Subsection (b) may provide
2-25 utility service to land described by Subsection (c)(4) only if the
3-1 person requesting service:
3-2 (1) is not the land's subdivider or the subdivider's
3-3 agent; and
3-4 (2) provides to the entity a certificate described by
3-5 Subsection (c)(4).
3-6 (e) A person requesting service may obtain a certificate
3-7 under Subsection (c)(4) only if the person provides to the
3-8 municipal authority responsible for approving plats either:
3-9 (1)(A) a copy of the means of conveyance or other
3-10 documents that show that the land was sold or conveyed to the
3-11 person requesting service before September 1, 1995; and
3-12 (B) a notarized affidavit by the person
3-13 requesting service that states that construction of a residence,
3-14 evidenced by at least the existence of a completed foundation or an
3-15 equivalent structure for a pier and beam home, was begun on or
3-16 before May 1, 1997; or
3-17 (2) a notarized affidavit by the person requesting
3-18 service that states that the property was sold or conveyed to the
3-19 person requesting service before September 1, 1995, and that
3-20 construction of a residence, evidenced by at least the existence of
3-21 a completed foundation or an equivalent structure for a pier and
3-22 beam home, was begun on or before May 1, 1997.
3-23 (f) On request, the municipal authority responsible for
3-24 approving plats shall provide to the attorney general and any
3-25 appropriate local, county, or state law enforcement official a copy
4-1 of any document on which the municipal authority relied in
4-2 determining the legality of providing service. [The prohibition
4-3 established by Subsection (a) applies only to land that an entity
4-4 described by Subsection (b)(1), (2), or (3) first serves or first
4-5 connects with services on or after September 1, 1987. The
4-6 prohibition applies only to land that an entity described by
4-7 Subsection (b)(4), (5), or (6) first serves or first connects with
4-8 services on or after September 1, 1989.]
4-9 (g) This section may not be construed to abrogate any civil
4-10 or criminal prosecution or to waive any penalty against a
4-11 subdivider for a violation of a state or local law, regardless of
4-12 the date on which the violation occurred.
4-13 (h) In this section, "subdivider" has the meaning assigned
4-14 by Section 232.021.
4-15 SECTION 2. Section 232.029, Local Government Code, is
4-16 amended to read as follows:
4-17 Sec. 232.029. CONNECTION OF UTILITIES. (a) Except as
4-18 provided by Subsection (c) or Section 232.037(c), a utility may not
4-19 serve or connect any subdivided land with water or sewer services
4-20 unless the utility receives a certificate issued by the
4-21 commissioners court under Section 232.028(a) or receives a
4-22 determination from the commissioners court under Section
4-23 232.028(b)(1) that the plat has been reviewed and approved by the
4-24 commissioners court.
4-25 (b) Except as provided by Subsection (c) or Section
5-1 232.037(c), a utility may not serve or connect any subdivided land
5-2 with electricity or gas unless the entity receives a determination
5-3 from the county commissioners court under Section 232.028(b)(2)
5-4 that adequate water and sewer services have been installed to
5-5 service the subdivision.
5-6 (c) An electric, gas, water, or sewer service utility may
5-7 serve or connect subdivided land with water, sewer, electricity,
5-8 gas, or other utility service regardless of whether the utility
5-9 receives a certificate issued by the commissioners court under
5-10 Section 232.028(a) or receives a determination from the
5-11 commissioners court under Section 232.028(b) the utility is
5-12 provided with a certificate issued by the commissioners court that
5-13 states that:
5-14 (1) before July 1, 1995, the subdivided land was sold
5-15 or conveyed to the person requesting service by any means of
5-16 conveyance, including a contract for deed or executory contract;
5-17 and
5-18 (2) the land is located in a subdivision in which the
5-19 utility has previously provided service; and
5-20 (3) construction of a residence, evidenced by at least
5-21 the existence of a completed foundation or an equivalent structure
5-22 for a pier and beam home, was begun on or before May 1, 1997.
5-23 "Foundation" means the lowest division of a residence, usually
5-24 consisting of a masonry slab or a pier and beam structure that is
5-25 partly or wholly below ground and on which the residential
6-1 structure rests.
6-2 (d) A utility may provide utility service to subdivided
6-3 land described by Subsection (c) only if the person requesting
6-4 service:
6-5 (1) is not the land's subdivider or the subdivider's
6-6 agent; and
6-7 (2) provides to the utility a certificate described in
6-8 Subsection (c).
6-9 (e) A person requesting service may obtain a certificate
6-10 under Subsection (c) only if the person provides to the
6-11 commissioners court either:
6-12 (1)(A) a copy of the means of conveyance or other
6-13 documents that show that the land was sold or conveyed to the
6-14 person before July 1, 1995; and
6-15 (B) a notarized affidavit by the person
6-16 requesting service that states that construction of a residence,
6-17 evidenced by at least the existence of a completed foundation or an
6-18 equivalent structure for a pier and beam home, was begun on or
6-19 before May 1, 1997; or
6-20 (2) a notarized affidavit by the person requesting
6-21 service that states that the property was sold or conveyed to the
6-22 person before July 1, 1995, and that construction of a residence,
6-23 evidenced by at least the existence of a completed foundation or an
6-24 equivalent structure for a pier and beam home, was begun on or
6-25 before May 1, 1997.
7-1 (f) On request, the commissioners court shall provide to the
7-2 attorney general and any appropriate local, county, or state law
7-3 enforcement official a copy of any document on which the
7-4 commissioners court relied in determining the legality of providing
7-5 service.
7-6 (g) This section may not be construed to abrogate any civil
7-7 or criminal prosecution or to waive any penalty against a
7-8 subdivider for a violation of a state or local law, regardless of
7-9 the date on which the violation occurred.
7-10 (h) The prohibition established by this section shall not
7-11 prohibit an electric or gas utility from providing electric or gas
7-12 utility connection or service to a lot being sold, conveyed, or
7-13 purchased through a contract for deed or executory contract or
7-14 other device by a subdivider prior to July 1, 1995, which is
7-15 located within a subdivision where the utility has previously
7-16 established service and was subdivided by a plat approved prior to
7-17 September 1, 1989.
7-18 SECTION 3. This Act takes effect September 1, 1997.
7-19 SECTION 4. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended.