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.