By: Zaffirini S.B. No. 1411
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of utility service in economically
1-2 distressed areas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 212.012, Local Government Code, is amended by
1-5 amending Subsections (c) and (e) to read as follows:
1-6 (c) An entity described by Subsection (b) may serve or
1-7 connect land with water, sewer, electricity, gas, or other utility
1-8 service regardless of whether the entity is presented with or
1-9 otherwise holds a certificate applicable to the land issued under
1-10 Section 212.0115 if:
1-11 (1) the land is covered by a development plat approved
1-12 under Subchapter B or under an ordinance or rule relating to the
1-13 development plat;
1-14 (2) the land was first served or connected with
1-15 service by an entity described by Subsection (b)(1), (b)(2), or
1-16 (b)(3) before September 1, 1987;
1-17 (3) the land was first served or connected with
1-18 service by an entity described by Subsection (b)(4), (b)(5), or
1-19 (b)(6) before September 1, 1989; or
1-20 (4) the municipal authority responsible for approving
1-21 plats issues a certificate stating that:
1-22 (A) the land, before September 1, 1995, was sold
2-1 or conveyed to the person requesting service by any means of
2-2 conveyance, including a contract for deed or executory contract;
2-3 (B) the land is located in a subdivision in
2-4 which the entity has previously provided service;
2-5 (C) the land is located outside the limits of
2-6 the municipality; and
2-7 (D) the land is located in an "affected county"
2-8 as that term is defined by Section 232.021[; and]
2-9 [(E) construction of a residence on the land,
2-10 evidenced by at least the existence of a completed foundation, was
2-11 begun on or before May 1, 1997].
2-12 (e) A person requesting service may obtain a certificate
2-13 under Subsection (c)(4) only if the person provides to the
2-14 municipal authority responsible for approving plats either:
2-15 (1) a copy of the means of conveyance or other
2-16 documents that show that the land was sold or conveyed to the
2-17 person requesting service before September 1, 1995[, and a
2-18 notarized affidavit by that person that states that construction of
2-19 a residence on the land, evidenced by at least the existence of a
2-20 completed foundation, was begun on or before May 1, 1997;] or
2-21 (2) a notarized affidavit by the person requesting
2-22 service that states that the property was sold or conveyed to that
2-23 person before September 1, 1995[, and that construction of a
2-24 residence on the land, evidenced by at least the existence of a
2-25 completed foundation, was begun on or before May 1, 1997].
2-26 SECTION 2. Sec. 232.029, Local Government Code, is amended by
3-1 amending Subsections (c) and (e) to read as follows:
3-2 (c) An electric, gas, water, or sewer service utility may
3-3 serve or connect subdivided land with water, sewer, electricity,
3-4 gas, or other utility service regardless of whether the utility
3-5 receives a certificate issued by the commissioners court under
3-6 Section 232.028(a) or receives a determination from the
3-7 commissioners court under Section 232.028(b) if the utility is
3-8 provided with a certificate issued by the commissioners court that
3-9 states that:
3-10 (1) before July 1, 1995, the subdivided land was sold
3-11 or conveyed to the person requesting service by any means of
3-12 conveyance, including a contract for deed or executory contract;
3-13 (2) the land is located in a subdivision in which the
3-14 utility has previously provided service [; and (3) construction of
3-15 a residence on the land, evidenced by at least the existence of a
3-16 completed foundation, was begun on or before May 1, 1997].
3-17 (e) A person requesting service may obtain a certificate
3-18 under Subsection (c) only if the person provides to the
3-19 commissioners court either:
3-20 (1) a copy of the means of conveyance or other
3-21 documents that show that the land was sold or conveyed to the
3-22 person requesting service before July 1, 1995 [, and a notarized
3-23 affidavit by that person that states that construction of a
3-24 residence on the land, evidenced by at least the existence of a
3-25 completed foundation, was begun on or before May 1, 1997]; or
3-26 (2) a notarized affidavit by the person requesting
4-1 service that states that the property was sold or conveyed to that
4-2 person before July 1, 1995 [, and that construction of a residence
4-3 on the land, evidenced by at least the the existence of a completed
4-4 foundation, was begun on or before May 1, 1997].
4-5 SECTION 3. This act takes effect on September 1, 1999.
4-6 SECTION 4. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.