By Najera H.B. No. 3234
76R9384 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of utility service in economically
1-3 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 (e) to read as follows:
1-7 (c) An entity described by Subsection (b) may serve or
1-8 connect land with water, sewer, electricity, gas, or other utility
1-9 service regardless of whether the entity is presented with or
1-10 otherwise holds a certificate applicable to the land issued under
1-11 Section 212.0115 if:
1-12 (1) the land is covered by a development plat approved
1-13 under Subchapter B or under an ordinance or rule relating to the
1-14 development plat;
1-15 (2) the land was first served or connected with
1-16 service by an entity described by Subsection (b)(1), (b)(2), or
1-17 (b)(3) before September 1, 1987;
1-18 (3) the land was first served or connected with
1-19 service by an entity described by Subsection (b)(4), (b)(5), or
1-20 (b)(6) before September 1, 1989; or
1-21 (4) the municipal authority responsible for approving
1-22 plats issues a certificate stating that:
1-23 (A) the land, before September 1, 1995, was sold
1-24 or conveyed to the person requesting service by any means of
2-1 conveyance, including a contract for deed or executory contract;
2-2 (B) the land is located in a subdivision in
2-3 which the entity has previously provided service;
2-4 (C) the land is located outside the limits of
2-5 the municipality; and
2-6 (D) the land is located in an "affected county"
2-7 as that term is defined by Section 232.021[; and]
2-8 [(E) construction of a residence on the land,
2-9 evidenced by at least the existence of a completed foundation, was
2-10 begun on or before May 1, 1997].
2-11 (e) A person requesting service may obtain a certificate
2-12 under Subsection (c)(4) only if the person provides to the
2-13 municipal authority responsible for approving plats either:
2-14 (1) a copy of the means of conveyance or other
2-15 documents that show that the land was sold or conveyed to the
2-16 person requesting service before September 1, 1995[, and a
2-17 notarized affidavit by that person that states that construction of
2-18 a residence on the land, evidenced by at least the existence of a
2-19 completed foundation, was begun on or before May 1, 1997;] or
2-20 (2) a notarized affidavit by the person requesting
2-21 service that states that the property was sold or conveyed to that
2-22 person before September 1, 1995[, and that construction of a
2-23 residence on the land, evidenced by at least the existence of a
2-24 completed foundation, was begun on or before May 1, 1997].
2-25 SECTION 2. Sec. 232.029, Local Government Code, is amended
2-26 by amending Subsections (c) and (e) to read as follows:
2-27 (c) An electric, gas, water, or sewer service utility may
3-1 serve or connect subdivided land with water, sewer, electricity,
3-2 gas, or other utility service regardless of whether the utility
3-3 receives a certificate issued by the commissioners court under
3-4 Section 232.028(a) or receives a determination from the
3-5 commissioners court under Section 232.028(b) if the utility is
3-6 provided with a certificate issued by the commissioners court that
3-7 states that:
3-8 (1) before July 1, 1995, the subdivided land was sold
3-9 or conveyed to the person requesting service by any means of
3-10 conveyance, including a contract for deed or executory contract;
3-11 (2) the land is located in a subdivision in which the
3-12 utility has previously provided service[; and (3) construction of a
3-13 residence on the land, evidenced by at least the existence of a
3-14 completed foundation, was begun on or before May 1, 1997].
3-15 (e) A person requesting service may obtain a certificate
3-16 under Subsection (c) only if the person provides to the
3-17 commissioners court either:
3-18 (1) a copy of the means of conveyance or other
3-19 documents that show that the land was sold or conveyed to the
3-20 person requesting service before July 1, 1995[, and a notarized
3-21 affidavit by that person that states that construction of a
3-22 residence on the land, evidenced by at least the existence of a
3-23 completed foundation, was begun on or before May 1, 1997]; or
3-24 (2) a notarized affidavit by the person requesting
3-25 service that states that the property was sold or conveyed to that
3-26 person before July 1, 1995[, and that construction of a residence
3-27 on the land, evidenced by at least the existence of a completed
4-1 foundation, was begun on or before May 1, 1997].
4-2 SECTION 3. This Act takes effect on September 1, 1999.
4-3 SECTION 4. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.