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.