Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Truan S.B. No. 1512
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of utility service in economically
1-2 distressed subdivisions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 232.029, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 232.029. Connection of Utilities. (a) Except as
1-7 provided by Section 232.037(c), a utility may not serve or connect
1-8 any subdivided land with water or sewer services unless the utility
1-9 receives a certificate issued by the commissioners court under
1-10 Section 232.028(a) or receives a determination from the
1-11 commissioners court under Section 232.028(b)(1) that the plat has
1-12 been reviewed and approved by the commissioners court.
1-13 (b) Except as provided by Section 232.037(c), a utility may
1-14 not serve or connect any subdivided land with electricity or gas
1-15 unless the entity receives a determination from the county
1-16 commissioners court under Section 232.028(b)(2) that adequate water
1-17 and sewer services have been installed to service the subdivision.
1-18 (c) Notwithstanding the requirements of subsections (a) or
1-19 (b) of this section, an electric, gas, water or sewer utility may
1-20 provide utility connection or service to a lot if the following
1-21 conditions are satisfied:
1-22 (i) the lot was sold or conveyed through a
1-23 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 in 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
3-1 entity has been presented with or otherwise holds a certificate
3-2 applicable to the land issued under Section 212.0115.
3-3 (b) The prohibition established by Subsection (a) applies
3-4 only to:
3-5 (1) a municipality and officials of a municipality
3-6 that provides water, sewer, electricity, gas, or other utility
3-7 service;
3-8 (2) a municipally owned or municipally operated
3-9 utility that provides any of those services;
3-10 (3) a public utility that provides any of those
3-11 services;
3-12 (4) a water supply or sewer service corporation
3-13 organized and operating under Chapter 76, Acts of the 43rd
3-14 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
3-15 Texas Civil Statutes), that provides any of those services;
3-16 (5) a county that provides any of those services;
3-17 (6) a special district or authority created by or
3-18 under state law that provides any of those services.
3-19 (c) Notwithstanding the requirements of subsection (a) of
3-20 this section, an entity described in subsection (b) may provide
3-21 water, sewer, electricity, gas, or other utility connection or
3-22 service to land if one of the following conditions is met:
3-23 (i) the land is covered by a development
3-24 plat approved under Subchapter B or under an ordinance or rule
3-25 relating to the development plat;
4-1 (ii) the land was first served or
4-2 connected with service by an entity described by Subsection (b)(1),
4-3 (2), or (3) prior to September 1, 1987;
4-4 (iii) the land was first served or
4-5 connected with service by an entity described by Subsection (b)(4),
4-6 (5), or (6) prior to September 1, 1989; or
4-7 (iv) the land was sold or conveyed through
4-8 a contract for deed, executory contract, or other means of
4-9 conveyance prior to September 1, 1995 and the land is located
4-10 within a subdivision where the entity has previously provided
4-11 service.
4-12 [(c) This section does not apply to any area covered by a
4-13 development plat duly approved under Subchapter B or under an
4-14 ordinance or rule relating to the development plat.]
4-15 (d) In order to establish that a lot was sold or conveyed
4-16 prior to September 1, 1995 under subsection (c), the purchaser
4-17 shall provide the utility with either:
4-18 (i) a copy of the contract for deed,
4-19 executory contract, or other conveyancing device by which the
4-20 property was sold or conveyed to the purchaser prior to September
4-21 1, 1995; or
4-22 (ii) a notarized affidavit stating that
4-23 the purchaser bought or was conveyed the lot prior to September 1,
4-24 1995.
4-25 [(d) The prohibition established by Subsection (a) applies
5-1 only to land that an entity described by Subsection (b)(1), (2), or
5-2 (3) first serves or first connects with services on or after
5-3 September 1, 1987. The prohibition applies only to land that an
5-4 entity described by Subsection (b)(4), (5), or (6) first serves or
5-5 first connects with services on or after September 1, 1989.]
5-6 SECTION 3. EMERGENCY. The importance of this legislation and
5-7 the crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended,
5-11 and that this Act take effect and be in force from and after its
5-12 passage, and it is so enacted.