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 by 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 on the land,
2-15 evidenced by at least the existence of a completed foundation, was
2-16 begun on or before May 1, 1997. [This section does not apply to
2-17 any area covered by a development plat duly approved under
2-18 Subchapter B or under an ordinance or rule relating to the
2-19 development plat.]
2-20 (d) An entity described by Subsection (b) may provide
2-21 utility service to land described by Subsection (c)(4) only if the
2-22 person requesting service:
2-23 (1) is not the land's subdivider or the subdivider's
2-24 agent; and
2-25 (2) provides to the entity a certificate described by
3-1 Subsection (c)(4).
3-2 (e) A person requesting service may obtain a certificate
3-3 under Subsection (c)(4) only if the person provides to the
3-4 municipal authority responsible for approving plats either:
3-5 (1) a copy of the means of conveyance or other
3-6 documents that show that the land was sold or conveyed to the
3-7 person requesting service before September 1, 1995, and a notarized
3-8 affidavit by that person that states that construction of a
3-9 residence on the land, evidenced by at least the existence of a
3-10 completed foundation, was begun on or before May 1, 1997; or
3-11 (2) a notarized affidavit by the person requesting
3-12 service that states that the property was sold or conveyed to that
3-13 person before September 1, 1995, and that construction of a
3-14 residence on the land, evidenced by at least the existence of a
3-15 completed foundation, was begun on or before May 1, 1997.
3-16 (f) On request, the municipal authority responsible for
3-17 approving plats shall provide to the attorney general and any
3-18 appropriate local, county, or state law enforcement official a copy
3-19 of any document on which the municipal authority relied in
3-20 determining the legality of providing service.
3-21 (g) This section may not be construed to abrogate any civil
3-22 or criminal proceeding or prosecution or to waive any penalty
3-23 against a subdivider for a violation of a state or local law,
3-24 regardless of the date on which the violation occurred.
3-25 (h) In this section:
4-1 (1) "Foundation" means the lowest division of a
4-2 residence, usually consisting of a masonry slab or a pier and beam
4-3 structure, that is partly or wholly below the surface of the ground
4-4 and on which the residential structure rests.
4-5 (2) "Subdivider" has the meaning assigned by Section
4-6 232.021. [The prohibition established by Subsection (a) applies
4-7 only to land that an entity described by Subsection (b)(1), (2), or
4-8 (3) first serves or first connects with services on or after
4-9 September 1, 1987. The prohibition applies only to land that an
4-10 entity described by Subsection (b)(4), (5), or (6) first serves or
4-11 first connects with services on or after September 1, 1989.]
4-12 SECTION 2. Section 232.029, Local Government Code, is
4-13 amended to read as follows:
4-14 Sec. 232.029. CONNECTION OF UTILITIES. (a) Except as
4-15 provided by Subsection (c) or Section 232.037(c), a utility may not
4-16 serve or connect any subdivided land with water or sewer services
4-17 unless the utility receives a certificate issued by the
4-18 commissioners court under Section 232.028(a) or receives a
4-19 determination from the commissioners court under Section
4-20 232.028(b)(1) that the plat has been reviewed and approved by the
4-21 commissioners court.
4-22 (b) Except as provided by Subsection (c) or Section
4-23 232.037(c), a utility may not serve or connect any subdivided land
4-24 with electricity or gas unless the entity receives a determination
4-25 from the county commissioners court under Section 232.028(b)(2)
5-1 that adequate water and sewer services have been installed to
5-2 service the subdivision.
5-3 (c) An electric, gas, water, or sewer service utility may
5-4 serve or connect subdivided land with water, sewer, electricity,
5-5 gas, or other utility service regardless of whether the utility
5-6 receives a certificate issued by the commissioners court under
5-7 Section 232.028(a) or receives a determination from the
5-8 commissioners court under Section 232.028(b) if the utility is
5-9 provided with a certificate issued by the commissioners court that
5-10 states that:
5-11 (1) before July 1, 1995, the subdivided land was sold
5-12 or conveyed to the person requesting service by any means of
5-13 conveyance, including a contract for deed or executory contract;
5-14 (2) the land is located in a subdivision in which the
5-15 utility has previously provided service; and
5-16 (3) construction of a residence on the land, evidenced
5-17 by at least the existence of a completed foundation, was begun on
5-18 or before May 1, 1997.
5-19 (d) A utility may provide utility service to subdivided
5-20 land described by Subsection (c) only if the person requesting
5-21 service:
5-22 (1) is not the land's subdivider or the subdivider's
5-23 agent; and
5-24 (2) provides to the utility a certificate described by
5-25 Subsection (c).
6-1 (e) A person requesting service may obtain a certificate
6-2 under Subsection (c) only if the person provides to the
6-3 commissioners court either:
6-4 (1) a copy of the means of conveyance or other
6-5 documents that show that the land was sold or conveyed to the
6-6 person requesting service before July 1, 1995, and a notarized
6-7 affidavit by that person that states that construction of a
6-8 residence on the land, evidenced by at least the existence of a
6-9 completed foundation, was begun on or before May 1, 1997; or
6-10 (2) a notarized affidavit by the person requesting
6-11 service that states that the property was sold or conveyed to that
6-12 person before July 1, 1995, and that construction of a residence on
6-13 the land, evidenced by at least the existence of a completed
6-14 foundation, was begun on or before May 1, 1997.
6-15 (f) On request, the commissioners court shall provide to the
6-16 attorney general and any appropriate local, county, or state law
6-17 enforcement official a copy of any document on which the
6-18 commissioners court relied in determining the legality of providing
6-19 service.
6-20 (g) This section may not be construed to abrogate any civil
6-21 or criminal proceeding or prosecution or to waive any penalty
6-22 against a subdivider for a violation of a state or local law,
6-23 regardless of the date on which the violation occurred.
6-24 (h) The prohibition established by this section shall not
6-25 prohibit an electric or gas utility from providing electric or gas
7-1 utility connection or service to a lot being sold, conveyed, or
7-2 purchased through a contract for deed or executory contract or
7-3 other device by a subdivider prior to July 1, 1995, which is
7-4 located within a subdivision where the utility has previously
7-5 established service and was subdivided by a plat approved prior to
7-6 September 1, 1989.
7-7 (i) In this section, "foundation" means the lowest division
7-8 of a residence, usually consisting of a masonry slab or a pier and
7-9 beam structure, that is partly or wholly below the surface of the
7-10 ground and on which the residential structure rests.
7-11 SECTION 3. This Act takes effect September 1, 1997.
7-12 SECTION 4. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1512 passed the Senate on
April 9, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 29, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1512 passed the House, with
amendment, on May 26, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor