1-1 By: Truan, Zaffirini S.B. No. 1512
1-2 (In the Senate - Filed March 13, 1997; March 20, 1997, read
1-3 first time and referred to Committee on International Relations,
1-4 Trade, and Technology; April 4, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 8, Nays
1-6 0; April 4, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1512 By: Truan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the provision of utility service in economically
1-11 distressed areas.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 212.012, Local Government Code, is
1-14 amended by amending Subsections (a), (c), and (d) and adding
1-15 Subsection (e) to read as follows:
1-16 (a) Except as provided by Subsection (c), an [An] entity
1-17 described by Subsection (b) may not serve or connect any land with
1-18 water, sewer, electricity, gas, or other utility service unless the
1-19 entity has been presented with or otherwise holds a certificate
1-20 applicable to the land issued under Section 212.0115.
1-21 (c) An entity described by Subsection (b) may serve or
1-22 connect land with water, sewer, electricity, gas, or other utility
1-23 service regardless of whether the entity is presented with or
1-24 otherwise holds a certificate applicable to the land issued under
1-25 Section 212.0115 if:
1-26 (1) the land is covered by a development plat approved
1-27 under Subchapter B or under an ordinance or rule relating to the
1-28 development plat;
1-29 (2) the land was first served or connected with
1-30 service by an entity described by Subsection (b)(1), (b)(2), or
1-31 (b)(3) before September 1, 1987;
1-32 (3) the land was first served or connected with
1-33 service by an entity described by Subsection (b)(4), (b)(5), or
1-34 (b)(6) before September 1, 1989; or
1-35 (4) a certificate has been issued by the municipal
1-36 authority that the land:
1-37 (A) before September 1, 1995, was sold or
1-38 conveyed to the person requesting service by any means of
1-39 conveyance, including a contract for deed or executory contract;
1-40 (B) is located in a subdivision in which the
1-41 entity has previously provided service;
1-42 (C) is located outside the limits of the
1-43 municipality; and
1-44 (D) is located in an "affected county" as that
1-45 term is defined by Section 232.021. [This section does not apply
1-46 to any area covered by a development plat duly approved under
1-47 Subchapter B or under an ordinance or rule relating to the
1-48 development plat.]
1-49 (d) An entity described by Subsection (b) may provide
1-50 utility service to land described by Subsection (c)(4) only if the
1-51 person requesting service:
1-52 (1) is not the land's "subdivider," as that term is
1-53 defined by Section 232.021, or the subdivider's agent; and
1-54 (2) provides to the entity a certificate described in
1-55 Subsection (c)(4). To obtain such a certificate, the person
1-56 requesting service must provide to the municipal authority either:
1-57 (A) a copy of the means of conveyance or other
1-58 documents that show that the land was sold or conveyed to the
1-59 person before September 1, 1995; or
1-60 (B) a notarized affidavit that states that the
1-61 property was sold or conveyed to the person before September 1,
1-62 1995.
1-63 (e) On request, the municipal authority shall provide to the
1-64 attorney general and any appropriate local, county, or state law
2-1 enforcement official a copy of any document on which the municipal
2-2 authority relied in determining the legality of providing service.
2-3 [The prohibition established by Subsection (a) applies only to
2-4 land that an entity described by Subsection (b)(1), (2), or (3)
2-5 first serves or first connects with services on or after September
2-6 1, 1987. The prohibition applies only to land that an entity
2-7 described by Subsection (b)(4), (5), or (6) first serves or first
2-8 connects with services on or after September 1, 1989.]
2-9 SECTION 2. Section 232.029, Local Government Code, is
2-10 amended to read as follows:
2-11 Sec. 232.029. CONNECTION OF UTILITIES. (a) Except as
2-12 provided by Subsection (c) or Section 232.037(c), a utility may not
2-13 serve or connect any subdivided land with water or sewer services
2-14 unless the utility receives a certificate issued by the
2-15 commissioners court under Section 232.028(a) or receives a
2-16 determination from the commissioners court under Section
2-17 232.028(b)(1) that the plat has been reviewed and approved by the
2-18 commissioners court.
2-19 (b) Except as provided by Subsection (c) or Section
2-20 232.037(c), a utility may not serve or connect any subdivided land
2-21 with electricity or gas unless the entity receives a determination
2-22 from the county commissioners court under Section 232.028(b)(2)
2-23 that adequate water and sewer services have been installed to
2-24 service the subdivision.
2-25 (c) An electric, gas, water, or sewer service utility may
2-26 serve or connect subdivided land with water, sewer, electricity,
2-27 gas, or other utility service regardless of whether the utility
2-28 receives a certificate issued by the commissioners court under
2-29 Section 232.028(a) or receives a determination from the
2-30 commissioners court under Section 232.028(b) if the utility is
2-31 provided with a certificate issued by the commissioners court
2-32 certifying that:
2-33 (1) before July 1, 1995, the subdivided land was sold
2-34 or conveyed to the person requesting service by any means of
2-35 conveyance, including a contract for deed or executory contract;
2-36 and
2-37 (2) the land is located in a subdivision in which the
2-38 utility has previously provided service.
2-39 (d) A utility may provide utility service to subdivided
2-40 land described by Subsection (c) only if the person requesting
2-41 service:
2-42 (1) is not the land's subdivider or the subdivider's
2-43 agent; and
2-44 (2) provides to the utility a certificate described in
2-45 Subsection (c) of this section. To obtain such a certificate, the
2-46 person requesting services must provide to the commissioners court
2-47 either:
2-48 (A) a copy of the means of conveyance or other
2-49 documents that show that the land was sold or conveyed to the
2-50 person before July 1, 1995; or
2-51 (B) a notarized affidavit that states that the
2-52 property was sold or conveyed to the person before July 1, 1995.
2-53 (e) On request, the commissioners court shall provide to the
2-54 attorney general and any appropriate local, county, or state law
2-55 enforcement official a copy of any document on which the
2-56 commissioners court relied in determining the legality of providing
2-57 service. [The prohibition established by this section shall not
2-58 prohibit an electric or gas utility from providing electric or gas
2-59 utility connection or service to a lot being sold, conveyed, or
2-60 purchased through a contract for deed or executory contract or
2-61 other device by a subdivider prior to July 1, 1995, which is
2-62 located within a subdivision where the utility has previously
2-63 established service and was subdivided by a plat approved prior to
2-64 September 1, 1989.]
2-65 SECTION 3. This Act takes effect September 1, 1997.
2-66 SECTION 4. The importance of this legislation and the
2-67 crowded condition of the calendars in both houses create an
2-68 emergency and an imperative public necessity that the
2-69 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
3-2 * * * * *