75R11896 CBH-F
By Truan S.B. No. 1512
Substitute the following for S.B. No. 1512:
By Howard C.S.S.B. No. 1512
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of utility service in economically
1-3 distressed areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 212.012, Local Government Code, is
1-6 amended by amending Subsections (a), (c), and (d) and by adding
1-7 Subsections (e), (f), (g), and (h) to read as follows:
1-8 (a) Except as provided by Subsection (c), an [An] entity
1-9 described by Subsection (b) may not serve or connect any land with
1-10 water, sewer, electricity, gas, or other utility service unless
1-11 the entity has been presented with or otherwise holds a certificate
1-12 applicable to the land issued under Section 212.0115.
1-13 (c) An entity described by Subsection (b) may serve or
1-14 connect land with water, sewer, electricity, gas, or other utility
1-15 service regardless of whether the entity is presented with or
1-16 otherwise holds a certificate applicable to the land issued under
1-17 Section 212.0115 if:
1-18 (1) the land is covered by a development plat approved
1-19 under Subchapter B or under an ordinance or rule relating to the
1-20 development plat;
1-21 (2) the land was first served or connected with
1-22 service by an entity described by Subsection (b)(1), (b)(2), or
1-23 (b)(3) before September 1, 1987;
1-24 (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
2-26 Subsection (c)(4).
2-27 (e) A person requesting service may obtain a certificate
3-1 under Subsection (c)(4) only if the person provides to the
3-2 municipal authority responsible for approving plats either:
3-3 (1) a copy of the means of conveyance or other
3-4 documents that show that the land was sold or conveyed to the
3-5 person requesting service before September 1, 1995, and a notarized
3-6 affidavit by that person that states that construction of a
3-7 residence on the land, evidenced by at least the existence of a
3-8 completed foundation, was begun on or before May 1, 1997; or
3-9 (2) a notarized affidavit by the person requesting
3-10 service that states that the property was sold or conveyed to that
3-11 person before September 1, 1995, and that construction of a
3-12 residence on the land, evidenced by at least the existence of a
3-13 completed foundation, was begun on or before May 1, 1997.
3-14 (f) On request, the municipal authority responsible for
3-15 approving plats shall provide to the attorney general and any
3-16 appropriate local, county, or state law enforcement official a copy
3-17 of any document on which the municipal authority relied in
3-18 determining the legality of providing service.
3-19 (g) This section may not be construed to abrogate any civil
3-20 or criminal proceeding or prosecution or to waive any penalty
3-21 against a subdivider for a violation of a state or local law,
3-22 regardless of the date on which the violation occurred.
3-23 (h) In this section:
3-24 (1) "Foundation" means the lowest division of a
3-25 residence, usually consisting of a masonry slab or a pier and beam
3-26 structure, that is partly or wholly below the surface of the ground
3-27 and on which the residential structure rests.
4-1 (2) "Subdivider" has the meaning assigned by Section
4-2 232.021. [The prohibition established by Subsection (a) applies
4-3 only to land that an entity described by Subsection (b)(1), (2),
4-4 or (3) first serves or first connects with services on or after
4-5 September 1, 1987. The prohibition applies only to land that an
4-6 entity described by Subsection (b)(4), (5), or (6) first serves or
4-7 first connects with services on or after September 1, 1989.]
4-8 SECTION 2. Section 232.029, Local Government Code, is
4-9 amended to read as follows:
4-10 Sec. 232.029. CONNECTION OF UTILITIES. (a) Except as
4-11 provided by Subsection (c) or Section 232.037(c), a utility may not
4-12 serve or connect any subdivided land with water or sewer services
4-13 unless the utility receives a certificate issued by the
4-14 commissioners court under Section 232.028(a) or receives a
4-15 determination from the commissioners court under Section
4-16 232.028(b)(1) that the plat has been reviewed and approved by the
4-17 commissioners court.
4-18 (b) Except as provided by Subsection (c) or Section
4-19 232.037(c), a utility may not serve or connect any subdivided land
4-20 with electricity or gas unless the entity receives a determination
4-21 from the county commissioners court under Section 232.028(b)(2)
4-22 that adequate water and sewer services have been installed to
4-23 service the subdivision.
4-24 (c) An electric, gas, water, or sewer service utility may
4-25 serve or connect subdivided land with water, sewer, electricity,
4-26 gas, or other utility service regardless of whether the utility
4-27 receives a certificate issued by the commissioners court under
5-1 Section 232.028(a) or receives a determination from the
5-2 commissioners court under Section 232.028(b) if the utility is
5-3 provided with a certificate issued by the commissioners court that
5-4 states that:
5-5 (1) before July 1, 1995, the subdivided land was sold
5-6 or conveyed to the person requesting service by any means of
5-7 conveyance, including a contract for deed or executory contract;
5-8 (2) the land is located in a subdivision in which the
5-9 utility has previously provided service; and
5-10 (3) construction of a residence on the land, evidenced
5-11 by at least the existence of a completed foundation, was begun on
5-12 or before May 1, 1997.
5-13 (d) A utility may provide utility service to subdivided
5-14 land described by Subsection (c) only if the person requesting
5-15 service:
5-16 (1) is not the land's subdivider or the subdivider's
5-17 agent; and
5-18 (2) provides to the utility a certificate described by
5-19 Subsection (c).
5-20 (e) A person requesting service may obtain a certificate
5-21 under Subsection (c) only if the person provides to the
5-22 commissioners court either:
5-23 (1) a copy of the means of conveyance or other
5-24 documents that show that the land was sold or conveyed to the
5-25 person requesting service before July 1, 1995, and a notarized
5-26 affidavit by that person that states that construction of a
5-27 residence on the land, evidenced by at least the existence of a
6-1 completed foundation, was begun on or before May 1, 1997; or
6-2 (2) a notarized affidavit by the person requesting
6-3 service that states that the property was sold or conveyed to that
6-4 person before July 1, 1995, and that construction of a residence on
6-5 the land, evidenced by at least the existence of a completed
6-6 foundation, was begun on or before May 1, 1997.
6-7 (f) On request, the commissioners court shall provide to the
6-8 attorney general and any appropriate local, county, or state law
6-9 enforcement official a copy of any document on which the
6-10 commissioners court relied in determining the legality of providing
6-11 service.
6-12 (g) This section may not be construed to abrogate any civil
6-13 or criminal proceeding or prosecution or to waive any penalty
6-14 against a subdivider for a violation of a state or local law,
6-15 regardless of the date on which the violation occurred.
6-16 (h) The prohibition established by this section shall not
6-17 prohibit an electric or gas utility from providing electric or gas
6-18 utility connection or service to a lot being sold, conveyed, or
6-19 purchased through a contract for deed or executory contract or
6-20 other device by a subdivider prior to July 1, 1995, which is
6-21 located within a subdivision where the utility has previously
6-22 established service and was subdivided by a plat approved prior to
6-23 September 1, 1989.
6-24 (i) In this section, "foundation" means the lowest division
6-25 of a residence, usually consisting of a masonry slab or a pier and
6-26 beam structure, that is partly or wholly below the surface of the
6-27 ground and on which the residential structure rests.
7-1 SECTION 3. This Act takes effect September 1, 1997.
7-2 SECTION 4. The importance of this legislation and the
7-3 crowded condition of the calendars in both houses create an
7-4 emergency and an imperative public necessity that the
7-5 constitutional rule requiring bills to be read on three several
7-6 days in each house be suspended, and this rule is hereby suspended.