HBA-ALS C.S.H.B. 3234 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3234 By: Najera Land & Resource Management 4/14/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law designed to stop the proliferation of colonias has unintentionally prevented some current residents from connecting to available utility service. As a result, there may be situations in which one residence has utility service, but because of a later construction date, a neighboring residence may not be eligible for the same services. The purpose of the bill is to enable owners of land who have not yet started construction on a residence to receive utility services if certain requirements are met, while maintaining the prohibition against the development of new colonias. C.S.H.B. 3234 allows certain entities to serve or connect land with water, sewer, electricity, gas, or other utility regardless of whether the entity has certification regarding compliance with plat requirements if it obtains specified certification that the land was not subdivided after September 1, 1995, and water service is feasible. Under this bill, a person requesting service may obtain such certification by providing to the proper municipal authority an affidavit stating that the property was not sold or conveyed to that person from a subdivider or subdivider's agent after September 1, 1995. This bill also allows an electric, gas, water, or sewer utility to serve or connect subdivided land regardless of whether the utility receives a certificate issued by the commissioners court if: the utility receives a certificate issued by the commissioners court stating that the subdivided land was sold or conveyed before September 1, 1995, to the person requesting service; is in a subdivision where the utility has previously provided service; and was improved with the construction of a residence that begun on or before May 1, 1997, or stating that the land was not subdivided after September 1, 1995, and that water service to the land is feasible. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 212.012, Local Government Code, to authorize an entity described under Subsection (b) to serve or connect land with water, sewer, electricity, gas, or other utility regardless of whether the entity holds an applicable certificate under Section 212.0115 (Certification Regarding Compliance With Plat Requirements) if the municipal authority responsible for approving plats issues a certificate stating that the land was not subdivided after September 1, 1995, and water service is available within 500 feet of the land or the water provider has determined that water service to the land is feasible. Authorizes a person requesting service to obtain a certificate only if the person provides to the municipal authority an affidavit by the person that the property was not sold or conveyed to that person from a subdivider or subdivider's agent after September 1, 1995. Redesignates existing Subsections (f)-(h) to Subsections (g)-(i). Makes conforming and nonsubstantive changes. SECTION 2. Amends Sections 232.029(c)-(j), Local Government Code, as follows: (c) Authorizes an electric, gas, water, or sewer service utility to serve or connect subdivided land regardless of whether the utility receives a certificate issued by, or receives a determination from the commissioners court if the utility is provided with a certificate issued by the commissioners court stating that the subdivided land, was sold or conveyed before September 1, 1995, rather than before July 1, 1995 to the person requesting service; is located in a subdivision in which the utility has previously provided service; and was improved with the construction of a residence, evidenced by at least the existence of a completed foundation that was begun on or before May 1, 1997, or the land was not subdivided after September 1, 1995, and water service is available within 500 feet of the land or the water provider has determined that the extension of water service to the land is feasible. Creates Subparagraph (B) and (C) from existing Subdivisions (2) and (3), respectively. (d) Makes conforming changes. (e) Makes conforming changes. (f) Authorizes a person requesting service to obtain a certificate under Subsection (c)(2) if the person provides to the commissioners court an affidavit by the person that the property was not sold or conveyed to that person from a subdivider after September 1, 1995. (g) Redesignated from existing Subsection (f). (h) Redesignated from existing Subsection (g). (i) Redesignated from existing Subsection (h). (j) Redesignated from existing Subsection (i). SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 (Section 212.012, Local Government Code) by eliminating the proposed deletion of Paragraph (c)(4)(E), relating to the requirement of a municipal authority to issue a certificate stating that the completed foundation of a residence existed prior to May 1, 1997, in order for a utility to provide the land with utility service regardless of whether the entity holds an applicable certificate regarding compliance with plat requirement. The substitute adds Subdivision (5) to allow an entity described under Subsection (b) to serve or connect land with water, sewer, electricity, gas, or other utility regardless of whether the entity holds an applicable certification regarding compliance with plat retirements, if a certificate is issued stating that the land was not subdivided after September 1, 1995, and water service is available within 500 feet of the land or the water provider has determined that water service to the land is feasible. The substitute modifies the original in SECTION 1 (Section 212.012, Local Government Code) by eliminating the proposed deletion of text in Subsection (e), relating to the requirement that a person provide to the appropriate municipal authority a notarized affidavit stating that the completed foundation of a residence existed prior to May 1, 1997, in order for the person to obtain a certificate under Subsection (c)(4). The substitute modifies the original by adding new Subsection (f) to allow a person requesting service to obtain a certificate under Subsection (c)(2) upon providing the commissioners court an affidavit stating that the property was not sold or conveyed to that person from a subdivider after September 1, 1995. Redesignates Subsections (f)-(h) of the original to Subsections (g)-(i). The substitute modifies the original in SECTION 2 (Section 232.029, Local Government Code) in Subsection (c) by authorizing an electric, gas, water, or sewer service utility to serve or connect subdivided land regardless of whether the utility receives a certificate issued by, or receives a determination from, the commissioners court, if the utility is provided with a certificate issued by the commissioners court stating the subdivided land was sold or conveyed before September 1, 1995, to the person requesting service; is in a subdivision that has previously received service from the utility; and was improved with the construction of a residence having a completed foundation on or before May 1, 1997, or, if the land was not subdivided after September 1, 1995, and the water service is available within 500 feet of the land or the water provider has determined that the extension of water service to the land is feasible. The substitute deletes the requirement that the subdivided land was sold or conveyed before July 1, 1995. The substitute creates Subparagraphs (A)(C) from existing Subdivisions (1)-(3). Makes conforming changes. The substitute modifies the original in SECTION 2 (Section 232.029, Local Government Code) by adding Subsection (f) to authorize a person requesting service to obtain a certificate under Subsection (c)(2) if the person provides to the commissioners court an affidavit by the person that the property was not sold or conveyed to that person from a subdivider after September 1, 1995. The substitute modifies the original in SECTION 2 (Section 232.029, Local Government Code) by redesignating Subsections (f)-(i) of the original to Subsections (g)-(j) of the substitute, and by making conforming to these subsections. The substitute modifies the original in SECTION 3 by combining the effective date and short emergency clause set out in SECTION 3 and 4, respectively, of the original bill, into a long emergency clause in SECTION 3 of the substitute.