1-1 By: Najera, Wise (Senate Sponsor - Zaffirini) H.B. No. 3234
1-2 (In the Senate - Received from the House April 29, 1999;
1-3 April 30, 1999, read first time and referred to Special Committee
1-4 on Border Affairs; May 7, 1999, reported favorably, as amended, by
1-5 the following vote: Yeas 5, Nays 0; May 7, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Zaffirini
1-7 Amend H.B. 3234 (engrossed version), as follows:
1-8 (1) In SECTION 1 (page 1, line 52), strike "500" and substitute
1-9 "750".
1-10 (2) In SECTION 2 (page 2, line 45), strike "500" and substitute
1-11 "750".
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to the connection of utilities in certain subdivisions in
1-15 economically distressed areas.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Section 212.012, Local Government Code, is
1-18 amended by amending Subsections (c) and (d), adding a new
1-19 Subsection (f), and relettering existing Subsections (f), (g), and
1-20 (h) as Subsections (g), (h), and (i) to read as follows:
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) the municipal authority responsible for approving
1-36 plats issues a certificate stating that:
1-37 (A) the land, before September 1, 1995, was sold
1-38 or conveyed to the person requesting service by any means of
1-39 conveyance, including a contract for deed or executory contract;
1-40 (B) the land is located in a subdivision in
1-41 which the entity has previously provided service;
1-42 (C) the land is located outside the limits of
1-43 the municipality;
1-44 (D) the land is located in an "affected county"
1-45 as that term is defined by Section 232.021; and
1-46 (E) construction of a residence on the land,
1-47 evidenced by at least the existence of a completed foundation, was
1-48 begun on or before May 1, 1997; or
1-49 (5) the municipal authority responsible for approving
1-50 plats issues a certificate stating that the land was not subdivided
1-51 after September 1, 1995, and:
1-52 (A) water service is available within 500 feet
1-53 of the land; or
1-54 (B) the water provider has determined that the
1-55 extension of water service to the land is feasible.
1-56 (d) An entity described by Subsection (b) may provide
1-57 utility service to land described by Subsection (c)(4) or (c)(5)
1-58 only if the person requesting service:
1-59 (1) is not the land's subdivider or the subdivider's
1-60 agent; and
1-61 (2) provides to the entity a certificate described by
1-62 Subsection (c)(4) or (c)(5).
1-63 (f) A person requesting service may obtain a certificate
2-1 under Subsection (c)(5) only if the person provides to the
2-2 municipal authority responsible for approving plats an affidavit by
2-3 the person that the property was not sold or conveyed to that
2-4 person from a subdivider or subdivider's agent after September 1,
2-5 1995.
2-6 (g) [(f)] On request, the municipal authority responsible
2-7 for approving plats shall provide to the attorney general and any
2-8 appropriate local, county, or state law enforcement official a copy
2-9 of any document on which the municipal authority relied in
2-10 determining the legality of providing service.
2-11 (h) [(g)] This section may not be construed to abrogate any
2-12 civil or criminal proceeding or prosecution or to waive any penalty
2-13 against a subdivider for a violation of a state or local law,
2-14 regardless of the date on which the violation occurred.
2-15 (i) [(h)] In this section:
2-16 (1) "Foundation" means the lowest division of a
2-17 residence, usually consisting of a masonry slab or a pier and beam
2-18 structure, that is partly or wholly below the surface of the ground
2-19 and on which the residential structure rests.
2-20 (2) "Subdivider" has the meaning assigned by Section
2-21 232.021.
2-22 SECTION 2. Section 232.029, Local Government Code, is
2-23 amended by amending Subsections (c), (d), and (e), adding a new
2-24 Subsection (f), and relettering existing Subsections (f)-(i) as
2-25 Subsections (g)-(j) to read as follows:
2-26 (c) An electric, gas, water, or sewer service utility may
2-27 serve or connect subdivided land with water, sewer, electricity,
2-28 gas, or other utility service regardless of whether the utility
2-29 receives a certificate issued by the commissioners court under
2-30 Section 232.028(a) or receives a determination from the
2-31 commissioners court under Section 232.028(b) if the utility is
2-32 provided with a certificate issued by the commissioners court that
2-33 states that:
2-34 (1) [before July 1, 1995,] the subdivided land:
2-35 (A) was sold or conveyed before September 1,
2-36 1995, to the person requesting service by any means of conveyance,
2-37 including a contract for deed or executory contract;
2-38 (B) [(2) the land] is located in a subdivision
2-39 in which the utility has previously provided service; and
2-40 (C) was improved with the [(3)] construction of
2-41 a residence on the land, evidenced by at least the existence of a
2-42 completed foundation, that was begun on or before May 1, 1997; or
2-43 (2) the land was not subdivided after September 1,
2-44 1995, and:
2-45 (A) water service is available within 500 feet
2-46 of the land; or
2-47 (B) the water provider has determined that the
2-48 extension of water service to the land is feasible.
2-49 (d) A utility may provide utility service to subdivided land
2-50 described by Subsection (c) only if the person requesting service:
2-51 (1) is not the land's subdivider or the subdivider's
2-52 agent; and
2-53 (2) provides to the utility a certificate described by
2-54 Subsection (c)(1) or (c)(2) [(c)].
2-55 (e) A person requesting service may obtain a certificate
2-56 under Subsection (c)(1) [(c)] only if the person provides to the
2-57 commissioners court either:
2-58 (1) a copy of the means of conveyance or other
2-59 documents that show that the land was sold or conveyed to the
2-60 person requesting service before September 1, 1995 [July 1, 1995],
2-61 and a notarized affidavit by that person that states that
2-62 construction of a residence on the land, evidenced by at least the
2-63 existence of a completed foundation, was begun on or before May 1,
2-64 1997; or
2-65 (2) a notarized affidavit by the person requesting
2-66 service that states that the property was sold or conveyed to that
2-67 person before September 1, 1995 [July 1, 1995], and that
2-68 construction of a residence on the land, evidenced by at least the
2-69 existence of a completed foundation, was begun on or before May 1,
3-1 1997.
3-2 (f) A person requesting service may obtain a certificate
3-3 under Subsection (c)(2) only if the person provides to the
3-4 commissioners court an affidavit by the person that the property
3-5 was not sold or conveyed to that person from a subdivider or
3-6 subdivider's agent after September 1, 1995.
3-7 (g) [(f)] On request, the commissioners court shall provide
3-8 to the attorney general and any appropriate local, county, or state
3-9 law enforcement official a copy of any document on which the
3-10 commissioners court relied in determining the legality of providing
3-11 service.
3-12 (h) [(g)] This section may not be construed to abrogate any
3-13 civil or criminal proceeding or prosecution or to waive any penalty
3-14 against a subdivider for a violation of a state or local law,
3-15 regardless of the date on which the violation occurred.
3-16 (i) [(h)] The prohibition established by this section shall
3-17 not prohibit an electric or gas utility from providing electric or
3-18 gas utility connection or service to a lot being sold, conveyed, or
3-19 purchased through a contract for deed or executory contract or
3-20 other device by a subdivider prior to September 1, 1995 [July 1,
3-21 1995], which is located within a subdivision where the utility has
3-22 previously established service and was subdivided by a plat
3-23 approved prior to September 1, 1989.
3-24 (j) [(i)] In this section, "foundation" means the lowest
3-25 division of a residence, usually consisting of a masonry slab or a
3-26 pier and beam structure, that is partly or wholly below the surface
3-27 of the ground and on which the residential structure rests.
3-28 SECTION 3. The importance of this legislation and the
3-29 crowded condition of the calendars in both houses create an
3-30 emergency and an imperative public necessity that the
3-31 constitutional rule requiring bills to be read on three several
3-32 days in each house be suspended, and this rule is hereby suspended,
3-33 and that this Act take effect and be in force from and after its
3-34 passage, and it is so enacted.
3-35 * * * * *