1-1 By: Zaffirini S.B. No. 1411
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Special Committee on Border Affairs;
1-4 April 9, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 9, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1411 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the provision of utility services in economically
1-11 distressed areas.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 212.012, Local Government Code, is
1-14 amended to read as follows:
1-15 Sec. 212.012. CONNECTION OF UTILITIES. (a) Except as
1-16 provided by Subsection (c), an entity described by Subsection (b)
1-17 may not serve or connect any land with water, sewer, electricity,
1-18 gas, or other utility service unless the entity has been presented
1-19 with or otherwise holds a certificate applicable to the land issued
1-20 under Section 212.0115.
1-21 (b) The prohibition established by Subsection (a) applies
1-22 only to:
1-23 (1) a municipality and officials of a municipality
1-24 that provides water, sewer, electricity, gas, or other utility
1-25 service;
1-26 (2) a municipally owned or municipally operated
1-27 utility that provides any of those services;
1-28 (3) a public utility that provides any of those
1-29 services;
1-30 (4) a water supply or sewer service corporation
1-31 organized and operating under Chapter 67, Water Code [76, Acts of
1-32 the 43rd Legislature, 1st Called Session, 1933 (Article 1434a,
1-33 Vernon's Texas Civil Statutes)], that provides any of those
1-34 services;
1-35 (5) a county that provides any of those services; and
1-36 (6) a special district or authority created by or
1-37 under state law that provides any of those services.
1-38 (c) An entity described by Subsection (b) may serve or
1-39 connect land with water, sewer, electricity, gas, or other utility
1-40 service regardless of whether the entity is presented with or
1-41 otherwise holds a certificate applicable to the land issued under
1-42 Section 212.0115 if:
1-43 (1) the land is covered by a development plat approved
1-44 under Subchapter B or under an ordinance or rule relating to the
1-45 development plat;
1-46 (2) the land was first served or connected with
1-47 service by an entity described by Subsection (b)(1), (b)(2), or
1-48 (b)(3) before September 1, 1987;
1-49 (3) the land was first served or connected with
1-50 service by an entity described by Subsection (b)(4), (b)(5), or
1-51 (b)(6) before September 1, 1989; or
1-52 (4) the municipal authority responsible for approving
1-53 plats issues a certificate stating that:
1-54 (A) the land:
1-55 (i)[,] before September 1, 1995, was sold
1-56 or conveyed to the person requesting service by any means of
1-57 conveyance, including a contract for deed or executory contract;
1-58 (ii) [(B) the land] is located in a
1-59 subdivision in which the entity has previously provided service;
1-60 (iii) [(C) the land] is located outside
1-61 the limits of the municipality;
1-62 (iv) [(D) the land] is located in a county
1-63 to which Subchapter B, Chapter 232, applies [an "affected county"
1-64 as that term is defined by Section 232.021]; and
2-1 (v) is the site of [(E)] construction of a
2-2 residence [on the land], evidenced by at least the existence of a
2-3 completed foundation, that was begun on or before May 1, 1997; or
2-4 (B) the land was not subdivided after September
2-5 1, 1995, and:
2-6 (i) water service is available within 500
2-7 feet of the subdivided land; or
2-8 (ii) water service is available more than
2-9 500 feet from the subdivided land and the extension of water
2-10 service to the land may be feasible, subject to a final
2-11 determination by the water service provider.
2-12 (d) An entity described by Subsection (b) may provide
2-13 utility service to land described by Subsection (c)(4)(A) only if
2-14 the person requesting service:
2-15 (1) is not the land's subdivider or the subdivider's
2-16 agent; and
2-17 (2) provides to the entity a certificate described by
2-18 Subsection (c)(4)(A).
2-19 (e) A person requesting service may obtain a certificate
2-20 under Subsection (c)(4)(A) only if the person provides to the
2-21 municipal authority responsible for approving plats either:
2-22 (1) a copy of the means of conveyance or other
2-23 documents that show that the land was sold or conveyed to the
2-24 person requesting service before September 1, 1995, and a notarized
2-25 affidavit by that person that states that construction of a
2-26 residence on the land, evidenced by at least the existence of a
2-27 completed foundation, was begun on or before May 1, 1997; or
2-28 (2) a notarized affidavit by the person requesting
2-29 service that states that the property was sold or conveyed to that
2-30 person before September 1, 1995, and that construction of a
2-31 residence on the land, evidenced by at least the existence of a
2-32 completed foundation, was begun on or before May 1, 1997.
2-33 (f) A person requesting service may obtain a certificate
2-34 under Subsection (c)(4)(B) only if the person provides to the
2-35 municipal authority responsible for approving plats an affidavit
2-36 that states that the property was not sold or conveyed to that
2-37 person from a subdivider or the subdivider's agent after September
2-38 1, 1995.
2-39 (g) On request, the municipal authority responsible for
2-40 approving plats shall provide to the attorney general and any
2-41 appropriate local, county, or state law enforcement official a copy
2-42 of any document on which the municipal authority relied in
2-43 determining the legality of providing service.
2-44 (h) [(g)] This section may not be construed to abrogate any
2-45 civil or criminal proceeding or prosecution or to waive any penalty
2-46 against a subdivider for a violation of a state or local law,
2-47 regardless of the date on which the violation occurred.
2-48 (i) [(h)] In this section:
2-49 (1) "Foundation" means the lowest division of a
2-50 residence, usually consisting of a masonry slab or a pier and beam
2-51 structure, that is partly or wholly below the surface of the ground
2-52 and on which the residential structure rests.
2-53 (2) "Subdivider" has the meaning assigned by Section
2-54 232.021.
2-55 SECTION 2. Section 232.029, Local Government Code, is
2-56 amended by amending Subsections (c), (d), and (e), adding a new
2-57 Subsection (f), and relettering Subsections (f), (g), (h), and (i)
2-58 as Subsections (g), (h), (i), and (j) to read as follows:
2-59 (c) An electric, gas, water, or sewer service utility may
2-60 serve or connect subdivided land with water, sewer, electricity,
2-61 gas, or other utility service regardless of whether the utility
2-62 receives a certificate issued by the commissioners court under
2-63 Section 232.028(a) or receives a determination from the
2-64 commissioners court under Section 232.028(b) if the utility is
2-65 provided with a certificate issued by the commissioners court that
2-66 states that:
2-67 (1) [before July 1, 1995,] the subdivided land:
2-68 (A) before September 1, 1995, was sold or
2-69 conveyed to the person requesting service by any means of
3-1 conveyance, including a contract for deed or executory contract;
3-2 (B) [(2) the land] is located in a subdivision
3-3 in which the utility has previously provided service; and
3-4 (C) is the site of [(3)] construction of a
3-5 residence [on the land], evidenced by at least the existence of a
3-6 completed foundation, that was begun on or before May 1, 1997; or
3-7 (2) the land was not subdivided after September 1,
3-8 1995, and:
3-9 (A) water service is available within 500 feet
3-10 of the subdivided land; or
3-11 (B) water service is available more than 500
3-12 feet from the subdivided land and the extension of water service to
3-13 the land may be feasible, subject to a final determination by the
3-14 water service provider.
3-15 (d) A utility may provide utility service to subdivided land
3-16 described by Subsection (c)(1) only if the person requesting
3-17 service:
3-18 (1) is not the land's subdivider or the subdivider's
3-19 agent; and
3-20 (2) provides to the utility a certificate described by
3-21 Subsection (c)(1).
3-22 (e) A person requesting service may obtain a certificate
3-23 under Subsection (c)(1) only if the person provides to the
3-24 commissioners court either:
3-25 (1) a copy of the means of conveyance or other
3-26 documents that show that the land was sold or conveyed to the
3-27 person requesting service before September [July] 1, 1995, and a
3-28 notarized affidavit by that person that states that construction of
3-29 a residence on the land, evidenced by at least the existence of a
3-30 completed foundation, was begun on or before May 1, 1997; or
3-31 (2) a notarized affidavit by the person requesting
3-32 service that states that the property was sold or conveyed to that
3-33 person before September [July] 1, 1995, and that construction of a
3-34 residence on the land, evidenced by at least the existence of a
3-35 completed foundation, was begun on or before May 1, 1997.
3-36 (f) A person requesting service may obtain a certificate
3-37 under Subsection (c)(2) only if the person provides to the
3-38 commissioners court an affidavit that states that the property was
3-39 not sold or conveyed to that person from a subdivider or the
3-40 subdivider's agent after September 1, 1995.
3-41 (g) On request, the commissioners court shall provide to the
3-42 attorney general and any appropriate local, county, or state law
3-43 enforcement official a copy of any document on which the
3-44 commissioners court relied in determining the legality of providing
3-45 service.
3-46 (h) [(g)] This section may not be construed to abrogate any
3-47 civil or criminal proceeding or prosecution or to waive any penalty
3-48 against a subdivider for a violation of a state or local law,
3-49 regardless of the date on which the violation occurred.
3-50 (i) [(h)] The prohibition established by this section shall
3-51 not prohibit an electric or gas utility from providing electric or
3-52 gas utility connection or service to a lot being sold, conveyed, or
3-53 purchased through a contract for deed or executory contract or
3-54 other device by a subdivider prior to July 1, 1995, which is
3-55 located within a subdivision where the utility has previously
3-56 established service and was subdivided by a plat approved prior to
3-57 September 1, 1989.
3-58 (j) [(i)] In this section, "foundation" means the lowest
3-59 division of a residence, usually consisting of a masonry slab or a
3-60 pier and beam structure, that is partly or wholly below the surface
3-61 of the ground and on which the residential structure rests.
3-62 SECTION 3. This Act takes effect September 1, 1999.
3-63 SECTION 4. The importance of this legislation and the
3-64 crowded condition of the calendars in both houses create an
3-65 emergency and an imperative public necessity that the
3-66 constitutional rule requiring bills to be read on three several
3-67 days in each house be suspended, and this rule is hereby suspended.
3-68 * * * * *