76R11344 DRH-D
By Najera, Wise H.B. No. 3234
Substitute the following for H.B. No. 3234:
By Walker C.S.H.B. No. 3234
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the connection of utilities in certain subdivisions in
1-3 economically 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 (c) and (d), adding a new
1-7 Subsection (f), and relettering existing Subsections (f), (g), and
1-8 (h) as Subsections (g), (h), and (i) to read as follows:
1-9 (c) An entity described by Subsection (b) may serve or
1-10 connect land with water, sewer, electricity, gas, or other utility
1-11 service regardless of whether the entity is presented with or
1-12 otherwise holds a certificate applicable to the land issued under
1-13 Section 212.0115 if:
1-14 (1) the land is covered by a development plat approved
1-15 under Subchapter B or under an ordinance or rule relating to the
1-16 development plat;
1-17 (2) the land was first served or connected with
1-18 service by an entity described by Subsection (b)(1), (b)(2), or
1-19 (b)(3) before September 1, 1987;
1-20 (3) the land was first served or connected with
1-21 service by an entity described by Subsection (b)(4), (b)(5), or
1-22 (b)(6) before September 1, 1989; [or]
1-23 (4) the municipal authority responsible for approving
1-24 plats issues a certificate stating that:
2-1 (A) the land, before September 1, 1995, was sold
2-2 or conveyed to the person requesting service by any means of
2-3 conveyance, including a contract for deed or executory contract;
2-4 (B) the land is located in a subdivision in
2-5 which the entity has previously provided service;
2-6 (C) the land is located outside the limits of
2-7 the municipality;
2-8 (D) the land is located in an "affected county"
2-9 as that term is defined by Section 232.021; and
2-10 (E) construction of a residence on the land,
2-11 evidenced by at least the existence of a completed foundation, was
2-12 begun on or before May 1, 1997; or
2-13 (5) the municipal authority responsible for approving
2-14 plats issues a certificate stating that the land was not subdivided
2-15 after September 1, 1995, and:
2-16 (A) water service is available within 500 feet
2-17 of the land; or
2-18 (B) the water provider has determined that the
2-19 extension of water service to the land is feasible.
2-20 (d) An entity described by Subsection (b) may provide
2-21 utility service to land described by Subsection (c)(4) or (c)(5)
2-22 only if the 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) or (c)(5).
2-27 (f) A person requesting service may obtain a certificate
3-1 under Subsection (c)(5) only if the person provides to the
3-2 municipal authority responsible for approving plats an affidavit by
3-3 the person that the property was not sold or conveyed to that
3-4 person from a subdivider or subdivider's agent after September 1,
3-5 1995.
3-6 (g) [(f)] On request, the municipal authority responsible
3-7 for approving plats shall provide to the attorney general and any
3-8 appropriate local, county, or state law enforcement official a copy
3-9 of any document on which the municipal authority relied in
3-10 determining the legality of providing service.
3-11 (h) [(g)] This section may not be construed to abrogate any
3-12 civil or criminal proceeding or prosecution or to waive any penalty
3-13 against a subdivider for a violation of a state or local law,
3-14 regardless of the date on which the violation occurred.
3-15 (i) [(h)] In this section:
3-16 (1) "Foundation" means the lowest division of a
3-17 residence, usually consisting of a masonry slab or a pier and beam
3-18 structure, that is partly or wholly below the surface of the ground
3-19 and on which the residential structure rests.
3-20 (2) "Subdivider" has the meaning assigned by Section
3-21 232.021.
3-22 SECTION 2. Section 232.029, Local Government Code, is
3-23 amended by amending Subsections (c), (d), and (e), adding a new
3-24 Subsection (f), and relettering existing Subsections (f)-(i) as
3-25 Subsections (g)-(j) to read as follows:
3-26 (c) An electric, gas, water, or sewer service utility may
3-27 serve or connect subdivided land with water, sewer, electricity,
4-1 gas, or other utility service regardless of whether the utility
4-2 receives a certificate issued by the commissioners court under
4-3 Section 232.028(a) or receives a determination from the
4-4 commissioners court under Section 232.028(b) if the utility is
4-5 provided with a certificate issued by the commissioners court that
4-6 states that:
4-7 (1) [before July 1, 1995,] the subdivided land:
4-8 (A) was sold or conveyed before September 1,
4-9 1995, to the person requesting service by any means of conveyance,
4-10 including a contract for deed or executory contract;
4-11 (B) [(2) the land] is located in a subdivision
4-12 in which the utility has previously provided service; and
4-13 (C) was improved with the [(3)] construction of
4-14 a residence on the land, evidenced by at least the existence of a
4-15 completed foundation, that was begun on or before May 1, 1997; or
4-16 (2) the land was not subdivided after September 1,
4-17 1995, and:
4-18 (A) water service is available within 500 feet
4-19 of the land; or
4-20 (B) the water provider has determined that the
4-21 extension of water service to the land is feasible.
4-22 (d) A utility may provide utility service to subdivided land
4-23 described by Subsection (c) only if the person requesting service:
4-24 (1) is not the land's subdivider or the subdivider's
4-25 agent; and
4-26 (2) provides to the utility a certificate described by
4-27 Subsection (c)(1) or (c)(2) [(c)].
5-1 (e) A person requesting service may obtain a certificate
5-2 under Subsection (c)(1) [(c)] only if the person provides to the
5-3 commissioners court either:
5-4 (1) a copy of the means of conveyance or other
5-5 documents that show that the land was sold or conveyed to the
5-6 person requesting service before September 1, 1995 [July 1, 1995],
5-7 and a notarized affidavit by that person that states that
5-8 construction of a residence on the land, evidenced by at least the
5-9 existence of a completed foundation, was begun on or before May 1,
5-10 1997; or
5-11 (2) a notarized affidavit by the person requesting
5-12 service that states that the property was sold or conveyed to that
5-13 person before September 1, 1995 [July 1, 1995], and that
5-14 construction of a residence on the land, evidenced by at least the
5-15 existence of a completed foundation, was begun on or before May 1,
5-16 1997.
5-17 (f) A person requesting service may obtain a certificate
5-18 under Subsection (c)(2) only if the person provides to the
5-19 commissioners court an affidavit by the person that the property
5-20 was not sold or conveyed to that person from a subdivider or
5-21 subdivider's agent after September 1, 1995.
5-22 (g) [(f)] On request, the commissioners court shall provide
5-23 to the attorney general and any appropriate local, county, or state
5-24 law enforcement official a copy of any document on which the
5-25 commissioners court relied in determining the legality of providing
5-26 service.
5-27 (h) [(g)] This section may not be construed to abrogate any
6-1 civil or criminal proceeding or prosecution or to waive any penalty
6-2 against a subdivider for a violation of a state or local law,
6-3 regardless of the date on which the violation occurred.
6-4 (i) [(h)] The prohibition established by this section shall
6-5 not prohibit an electric or gas utility from providing electric or
6-6 gas utility connection or service to a lot being sold, conveyed, or
6-7 purchased through a contract for deed or executory contract or
6-8 other device by a subdivider prior to September 1, 1995 [July 1,
6-9 1995], which is located within a subdivision where the utility has
6-10 previously established service and was subdivided by a plat
6-11 approved prior to September 1, 1989.
6-12 (j) [(i)] In this section, "foundation" means the lowest
6-13 division of a residence, usually consisting of a masonry slab or a
6-14 pier and beam structure, that is partly or wholly below the surface
6-15 of the ground and on which the residential structure rests.
6-16 SECTION 3. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended,
6-21 and that this Act take effect and be in force from and after its
6-22 passage, and it is so enacted.