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.