By: Lucio, et al. S.B. No. 1421
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of the subdivision or development of
1-2 land in certain economically distressed areas, including colonias,
1-3 and certain other areas; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 103.001, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 103.001. ANNUAL AUDIT; FINANCIAL STATEMENT. (a) A
1-8 municipality shall have its records and accounts audited annually
1-9 and shall have an annual financial statement prepared based on the
1-10 audit.
1-11 (b) A municipality subject to Section 16.356, Water Code,
1-12 must include in its financial statement a specific report on
1-13 compliance with that section.
1-14 SECTION 2. Section 212.012, Local Government Code, is
1-15 amended to read as follows:
1-16 Sec. 212.012. CONNECTION OF UTILITIES. (a) Except as
1-17 provided by Subsection (c), an entity described by Subsection (b)
1-18 may not serve or connect any land with water, sewer, electricity,
1-19 gas, or other utility service unless the entity has been presented
1-20 with or otherwise holds a certificate applicable to the land issued
1-21 under Section 212.0115.
1-22 (b) The prohibition established by Subsection (a) applies
1-23 only to:
1-24 (1) a municipality and officials of a municipality
2-1 that provides water, sewer, electricity, gas, or other utility
2-2 service;
2-3 (2) a municipally owned or municipally operated
2-4 utility that provides any of those services;
2-5 (3) a public utility that provides any of those
2-6 services;
2-7 (4) a water supply or sewer service corporation
2-8 organized and operating under Chapter 67, Water Code [76, Acts of
2-9 the 43rd Legislature, 1st Called Session, 1933 (Article 1434a,
2-10 Vernon's Texas Civil Statutes)], that provides any of those
2-11 services;
2-12 (5) a county that provides any of those services; and
2-13 (6) a special district or authority created by or
2-14 under state law that provides any of those services.
2-15 (c) An entity described by Subsection (b) may serve or
2-16 connect land with water, sewer, electricity, gas, or other utility
2-17 service regardless of whether the entity is presented with or
2-18 otherwise holds a certificate applicable to the land issued under
2-19 Section 212.0115 if:
2-20 (1) the land is covered by a development plat approved
2-21 under Subchapter B or under an ordinance or rule relating to the
2-22 development plat;
2-23 (2) the land was first served or connected with
2-24 service by an entity described by Subsection (b)(1), (b)(2), or
2-25 (b)(3) before September 1, 1987;
2-26 (3) the land was first served or connected with
3-1 service by an entity described by Subsection (b)(4), (b)(5), or
3-2 (b)(6) before September 1, 1989; or
3-3 (4) the municipal authority responsible for approving
3-4 plats issues a certificate stating that:
3-5 (A) the land:
3-6 (i) [,] before September 1, 1995, was sold
3-7 or conveyed to the person requesting service by any means of
3-8 conveyance, including a contract for deed or executory contract;
3-9 (ii) [(B) the land] is located in a
3-10 subdivision in which the entity has previously provided service;
3-11 (iii) [(C) the land] is located outside
3-12 the limits of the municipality;
3-13 (iv) [(D) the land] is located in a county
3-14 to which Subchapter B, Chapter 232, applies [an "affected county"
3-15 as that term is defined by Section 232.021]; and
3-16 (v) is the site of [(E)] construction of a
3-17 residence [on the land], evidenced by at least the existence of a
3-18 completed foundation, that was begun on or before May 1, 1997; or
3-19 (B) the land was not subdivided after September
3-20 1, 1995, and:
3-21 (i) water service is available within 500
3-22 feet of the subdivided land; or
3-23 (ii) water service is available more than
3-24 500 feet from the subdivided land and the extension of water
3-25 service to the land may be feasible, subject to a final
3-26 determination by the water service provider.
4-1 (d) An entity described by Subsection (b) may provide
4-2 utility service to land described by Subsection (c)(4)(A) only if
4-3 the person requesting service:
4-4 (1) is not the land's subdivider or the subdivider's
4-5 agent; and
4-6 (2) provides to the entity a certificate described by
4-7 Subsection (c)(4)(A).
4-8 (e) A person requesting service may obtain a certificate
4-9 under Subsection (c)(4)(A) only if the person provides to the
4-10 municipal authority responsible for approving plats either:
4-11 (1) a copy of the means of conveyance or other
4-12 documents that show that the land was sold or conveyed to the
4-13 person requesting service before September 1, 1995, and a notarized
4-14 affidavit by that person that states that construction of a
4-15 residence on the land, evidenced by at least the existence of a
4-16 completed foundation, was begun on or before May 1, 1997; or
4-17 (2) a notarized affidavit by the person requesting
4-18 service that states that the property was sold or conveyed to that
4-19 person before September 1, 1995, and that construction of a
4-20 residence on the land, evidenced by at least the existence of a
4-21 completed foundation, was begun on or before May 1, 1997.
4-22 (f) A person requesting service may obtain a certificate
4-23 under Subsection (c)(4)(B) only if the person provides to the
4-24 municipal authority responsible for approving plats an affidavit
4-25 that states that the property was not sold or conveyed to that
4-26 person from a subdivider or the subdivider's agent after September
5-1 1, 1995.
5-2 (g) On request, the municipal authority responsible for
5-3 approving plats shall provide to the attorney general and any
5-4 appropriate local, county, or state law enforcement official a copy
5-5 of any document on which the municipal authority relied in
5-6 determining the legality of providing service.
5-7 (h) [(g)] This section may not be construed to abrogate any
5-8 civil or criminal proceeding or prosecution or to waive any penalty
5-9 against a subdivider for a violation of a state or local law,
5-10 regardless of the date on which the violation occurred.
5-11 (i) [(h)] In this section:
5-12 (1) "Foundation" means the lowest division of a
5-13 residence, usually consisting of a masonry slab or a pier and beam
5-14 structure, that is partly or wholly below the surface of the ground
5-15 and on which the residential structure rests.
5-16 (2) "Subdivider" has the meaning assigned by Section
5-17 232.021.
5-18 SECTION 3. The heading to Subchapter B, Chapter 232, Local
5-19 Government Code, is amended to read as follows:
5-20 SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR
5-21 INTERNATIONAL BORDER [ECONOMICALLY DISTRESSED COUNTIES]
5-22 SECTION 4. Section 232.021, Local Government Code, is
5-23 amended to read as follows:
5-24 Sec. 232.021. DEFINITIONS. In this subchapter:
5-25 (1) ["Affected county" means a county:]
5-26 [(A) that has a per capita income that averaged
6-1 25 percent below the state average for the most recent three
6-2 consecutive years for which statistics are available and an
6-3 unemployment rate that averaged 25 percent above the state average
6-4 for the most recent three consecutive years for which statistics
6-5 are available; and]
6-6 [(B) any part of which is within 50 miles of an
6-7 international border.]
6-8 [(2)] "Board" means the Texas Water Development Board.
6-9 (2) [(3)] "Common promotional plan" means any plan or
6-10 scheme of operation undertaken by a single subdivider or a group of
6-11 subdividers acting in concert, either personally or through an
6-12 agent, to offer for sale or lease lots when the land is:
6-13 (A) contiguous or part of the same area of land;
6-14 or
6-15 (B) known, designated, or advertised as a common
6-16 unit or by a common name.
6-17 (3) [(4)] "Executive administrator" means the
6-18 executive administrator of the Texas Water Development Board.
6-19 (4) [(5)] "Floodplain" means any area in the 100-year
6-20 floodplain that is susceptible to being inundated by water from any
6-21 source or [and] that is identified by the Federal Emergency
6-22 Management Agency under the National Flood Insurance Act of 1968
6-23 (42 U.S.C. Sections 4001 through 4127).
6-24 (5) [(6)] "Lease" includes an offer to lease.
6-25 (6) [(7)] "Lot" means a parcel into which land that is
6-26 intended for residential use is divided.
7-1 (7) [(8)] "Minimum state standards" means the minimum
7-2 standards set out for:
7-3 (A) adequate drinking water by or under Section
7-4 16.343(b)(1), Water Code;
7-5 (B) adequate sewer facilities by or under
7-6 Section 16.343(c)(1), Water Code; or
7-7 (C) the treatment, disposal, and management of
7-8 solid waste by or under Chapters 361 and 364, Health and Safety
7-9 Code.
7-10 (8) [(9)] "Plat" means a map, chart, survey, plan, or
7-11 replat containing a description of the subdivided land with ties to
7-12 permanent landmarks or monuments.
7-13 (9) [(10)] "Sell" includes an offer to sell.
7-14 (10) [(11)] "Sewer," "sewer services," or "sewer
7-15 facilities" means treatment works as defined by Section 17.001,
7-16 Water Code, or individual, on-site, or cluster treatment systems
7-17 such as septic tanks and includes drainage facilities and other
7-18 improvements for proper functioning of septic tank systems.
7-19 (11) [(12)] "Subdivide" means to divide the surface
7-20 area of land into lots intended primarily for residential use.
7-21 (12) [(13)] "Subdivider" means an individual, firm,
7-22 corporation, or other legal entity that owns any interest in land
7-23 and that directly or indirectly subdivides land into lots as part
7-24 of a common promotional plan in the ordinary course of business.
7-25 (13) [(14)] "Subdivision" means an area of land that
7-26 has been subdivided into lots for sale or lease.
8-1 (14) [(15)] "Utility" means a person, including a
8-2 legal entity or political subdivision, that provides the services
8-3 of:
8-4 (A) an electric utility, as defined by Section
8-5 31.002, Utilities Code [3(c)(1), Public Utility Regulatory Act
8-6 (Article 1446c, Vernon's Texas Civil Statutes)];
8-7 (B) a gas utility, as defined by Section
8-8 101.003, Utilities Code [1.03, Gas Utility Regulatory Act (Article
8-9 1446e, Vernon's Texas Civil Statutes)]; and
8-10 (C) a water and sewer utility, as defined by
8-11 Section 13.002, Water Code.
8-12 SECTION 5. Section 232.022, Local Government Code, is
8-13 amended to read as follows:
8-14 Sec. 232.022. APPLICABILITY. (a) This subchapter applies
8-15 only to a county any part of which is located within 50 miles of an
8-16 international border.
8-17 (b) This subchapter applies only to land that is subdivided
8-18 into two [four] or more lots that are intended primarily for
8-19 residential use in the jurisdiction of the [an affected] county. A
8-20 lot is presumed to be intended for residential use if the lot is
8-21 five acres or less. This subchapter does not apply if the
8-22 subdivision is incident to the conveyance of the land as a gift
8-23 between persons related to each other within the third degree by
8-24 affinity or consanguinity, as determined under Chapter 573,
8-25 Government Code.
8-26 (c) [(b)] For purposes of this section, land is considered
9-1 to be in the jurisdiction of a county if the land is located in the
9-2 county and[,] outside the corporate limits of municipalities[, and
9-3 outside the extraterritorial jurisdiction of municipalities, as
9-4 determined under Chapter 42].
9-5 SECTION 6. Subsection (a), Section 232.023, Local Government
9-6 Code, is amended to read as follows:
9-7 (a) A subdivider of land [in an affected county] must have a
9-8 plat of the subdivision prepared. A subdivision of a tract under
9-9 this subsection includes a subdivision of real property by any
9-10 method of conveyance, including a contract for deed, oral contract,
9-11 contract of sale, or other type of executory contract, regardless
9-12 of whether the subdivision is made by using a metes and bounds
9-13 description.
9-14 SECTION 7. Section 232.024, Local Government Code, is
9-15 amended by adding Subsection (d) to read as follows:
9-16 (d) The commissioners court of the county in which the land
9-17 is located may establish a planning commission as provided by
9-18 Subchapter D. The planning commission, including its findings and
9-19 decisions, is subject to the same provisions applicable to the
9-20 commissioners court under this subchapter, including Section
9-21 232.034 relating to conflicts of interest.
9-22 SECTION 8. Subsection (c), Section 232.026, Local Government
9-23 Code, is amended to read as follows:
9-24 (c) If the commissioners court provides an extension, the
9-25 commissioners court shall notify the attorney general of the
9-26 extension and the reason for the extension. The attorney general
10-1 shall notify all other state agencies having enforcement power over
10-2 subdivisions [in affected counties] of the extension.
10-3 SECTION 9. Section 232.029, Local Government Code, is
10-4 amended by amending Subsections (c), (d), and (e), adding a new
10-5 Subsection (f), and relettering Subsections (f), (g), (h), and (i)
10-6 as Subsections (g), (h), (i), and (j) to read as follows:
10-7 (c) An electric, gas, water, or sewer service utility may
10-8 serve or connect subdivided land with water, sewer, electricity,
10-9 gas, or other utility service regardless of whether the utility
10-10 receives a certificate issued by the commissioners court under
10-11 Section 232.028(a) or receives a determination from the
10-12 commissioners court under Section 232.028(b) if the utility is
10-13 provided with a certificate issued by the commissioners court that
10-14 states that:
10-15 (1) [before July 1, 1995,] the subdivided land:
10-16 (A) before September 1, 1995, was sold or
10-17 conveyed to the person requesting service by any means of
10-18 conveyance, including a contract for deed or executory contract;
10-19 (B) [(2) the land] is located in a subdivision
10-20 in which the utility has previously provided service; and
10-21 (C) is the site of [(3)] construction of a
10-22 residence [on the land], evidenced by at least the existence of a
10-23 completed foundation, that was begun on or before May 1, 1997; or
10-24 (2) the land was not subdivided after September 1,
10-25 1995, and:
10-26 (A) water service is available within 500 feet
11-1 of the subdivided land; or
11-2 (B) water service is available more than 500
11-3 feet from the subdivided land and the extension of water service to
11-4 the land may be feasible, subject to a final determination by the
11-5 water service provider.
11-6 (d) A utility may provide utility service to subdivided land
11-7 described by Subsection (c)(1) only if the person requesting
11-8 service:
11-9 (1) is not the land's subdivider or the subdivider's
11-10 agent; and
11-11 (2) provides to the utility a certificate described by
11-12 Subsection (c)(1).
11-13 (e) A person requesting service may obtain a certificate
11-14 under Subsection (c)(1) only if the person provides to the
11-15 commissioners court either:
11-16 (1) a copy of the means of conveyance or other
11-17 documents that show that the land was sold or conveyed to the
11-18 person requesting service before September [July] 1, 1995, and a
11-19 notarized affidavit by that person that states that construction of
11-20 a residence on the land, evidenced by at least the existence of a
11-21 completed foundation, was begun on or before May 1, 1997; or
11-22 (2) a notarized affidavit by the person requesting
11-23 service that states that the property was sold or conveyed to that
11-24 person before September [July] 1, 1995, and that construction of a
11-25 residence on the land, evidenced by at least the existence of a
11-26 completed foundation, was begun on or before May 1, 1997.
12-1 (f) A person requesting service may obtain a certificate
12-2 under Subsection (c)(2) only if the person provides to the
12-3 commissioners court an affidavit that states that the property was
12-4 not sold or conveyed to that person from a subdivider or the
12-5 subdivider's agent after September 1, 1995.
12-6 (g) On request, the commissioners court shall provide to the
12-7 attorney general and any appropriate local, county, or state law
12-8 enforcement official a copy of any document on which the
12-9 commissioners court relied in determining the legality of providing
12-10 service.
12-11 (h) [(g)] This section may not be construed to abrogate any
12-12 civil or criminal proceeding or prosecution or to waive any penalty
12-13 against a subdivider for a violation of a state or local law,
12-14 regardless of the date on which the violation occurred.
12-15 (i) [(h)] The prohibition established by this section shall
12-16 not prohibit an electric or gas utility from providing electric or
12-17 gas utility connection or service to a lot being sold, conveyed, or
12-18 purchased through a contract for deed or executory contract or
12-19 other device by a subdivider prior to July 1, 1995, which is
12-20 located within a subdivision where the utility has previously
12-21 established service and was subdivided by a plat approved prior to
12-22 September 1, 1989.
12-23 (j) [(i)] In this section, "foundation" means the lowest
12-24 division of a residence, usually consisting of a masonry slab or a
12-25 pier and beam structure, that is partly or wholly below the surface
12-26 of the ground and on which the residential structure rests.
13-1 SECTION 10. Subsection (b), Section 232.030, Local
13-2 Government Code, is amended to read as follows:
13-3 (b) Except as provided by Section 16.350(d), Water Code, or
13-4 Section 232.042 or 232.043, the commissioners court may not grant a
13-5 variance or adopt regulations that waive any requirements of this
13-6 subchapter.
13-7 SECTION 11. Subchapter B, Chapter 232, Local Government
13-8 Code, is amended by adding Section 232.0305 to read as follows:
13-9 Sec. 232.0305. COUNTY INSPECTOR. (a) The commissioners
13-10 court may impose a fee on a subdivider of property under this
13-11 subchapter for an inspection of the property to ensure compliance
13-12 with the subdivision regulations adopted under this subchapter,
13-13 Section 16.343, Water Code, or other law.
13-14 (b) Fees collected under this section may be used only to
13-15 fund inspections conducted under this section.
13-16 SECTION 12. Subsection (b), Section 232.035, Local
13-17 Government Code, is amended to read as follows:
13-18 (b) Notwithstanding any other remedy at law or equity, a
13-19 subdivider or an agent of a subdivider may not cause, suffer,
13-20 allow, or permit any part of a subdivision [in an affected county]
13-21 over which the subdivider or an agent of the subdivider has
13-22 control, or a right of ingress and egress, to become a public
13-23 health nuisance as defined by Section 341.011, Health and Safety
13-24 Code.
13-25 SECTION 13. Subsection (a), Section 232.037, Local
13-26 Government Code, is amended to read as follows:
14-1 (a) The attorney general, or the district attorney, criminal
14-2 district attorney, county attorney with felony responsibilities, or
14-3 county attorney of the [an affected] county may take any action
14-4 necessary in a court of competent jurisdiction on behalf of the
14-5 state or on behalf of residents to:
14-6 (1) enjoin the violation or threatened violation of
14-7 the model rules adopted under Section 16.343, Water Code;
14-8 (2) enjoin the violation or threatened violation of a
14-9 requirement of this subchapter or a rule adopted by the
14-10 commissioners court under this subchapter;
14-11 (3) recover civil or criminal penalties, attorney's
14-12 fees, litigation costs, and investigation costs; and
14-13 (4) require platting or replatting under Section
14-14 232.040.
14-15 SECTION 14. Section 232.037, Local Government Code, is
14-16 amended by adding Subsection (d) to read as follows:
14-17 (d) This subchapter is subject to the applicable enforcement
14-18 provisions prescribed by Sections 16.352, 16.353, 16.354, and
14-19 16.3545, Water Code.
14-20 SECTION 15. Section 232.038, Local Government Code, is
14-21 amended to read as follows:
14-22 Sec. 232.038. SUIT BY PRIVATE PERSON IN ECONOMICALLY
14-23 DISTRESSED AREA. A person who has purchased or is purchasing a lot
14-24 after July 1, 1995, in a subdivision for residential purposes that
14-25 does not have water and sewer services as required by this
14-26 subchapter and is located in an economically distressed area, as
15-1 defined by Section 17.921, Water Code, [in an affected county,]
15-2 from a subdivider, may bring suit in the district court in which
15-3 the property is located or in a district court in Travis County to:
15-4 (1) declare the sale of the property void and require
15-5 the subdivider to return the purchase price of the property; and
15-6 (2) recover from the subdivider:
15-7 (A) the market value of any permanent
15-8 improvements the person placed on the property;
15-9 (B) actual expenses incurred as a direct result
15-10 of the failure to provide adequate water and sewer facilities;
15-11 (C) court costs; and
15-12 (D) reasonable attorney's fees.
15-13 SECTION 16. Subsection (a), Section 232.039, Local
15-14 Government Code, is amended to read as follows:
15-15 (a) A subdivider of land [in an affected county] may apply
15-16 to the commissioners court to cancel all or part of the subdivision
15-17 in the manner provided by Section 232.008 after notice and hearing
15-18 as provided by this section.
15-19 SECTION 17. Subsection (c), Section 232.040, Local
15-20 Government Code, is amended to read as follows:
15-21 (c) Subsection (b) does not apply if a seller other than a
15-22 subdivider or agent of a subdivider[:]
15-23 [(1)] resides on the lot[; or]
15-24 [(2) purchases the lot through a contract for deed].
15-25 SECTION 18. The heading to Section 232.042, Local Government
15-26 Code, is amended to read as follows:
16-1 Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS.
16-2 SECTION 19. Subchapter B, Chapter 232, Local Government
16-3 Code, is amended by adding Section 232.043 to read as follows:
16-4 Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS. (a) On
16-5 the request of a subdivider who created an unplatted subdivision or
16-6 a resident purchaser of a lot in the subdivision, the commissioners
16-7 court of a county may grant:
16-8 (1) a delay or variance from compliance with the
16-9 subdivision requirements prescribed by Section 232.023(b)(8) or
16-10 (9), 232.025(1), (2), (3), (4), or (5), or 232.030(c)(2), (3), (5),
16-11 or (6); or
16-12 (2) a delay or variance for an individual lot from
16-13 compliance with the requirements prescribed by the model
16-14 subdivision rules adopted under Section 16.343, Water Code, for:
16-15 (A) the distance that a structure must be set
16-16 back from roads or property lines; or
16-17 (B) the number of single-family, detached
16-18 dwellings that may be located on a lot.
16-19 (b) If the commissioners court makes a written finding that
16-20 the subdivider who created the unplatted subdivision no longer owns
16-21 property in the subdivision, the commissioners court may grant a
16-22 delay or variance under this section only if:
16-23 (1) a majority of the lots in the subdivision were
16-24 sold before September 1, 1995;
16-25 (2) a majority of the resident purchasers in the
16-26 subdivision sign a petition supporting the delay or variance;
17-1 (3) the person requesting the delay or variance
17-2 submits to the commissioners court:
17-3 (A) a description of the water and sewer service
17-4 facilities that will be constructed or installed to service the
17-5 subdivision;
17-6 (B) a statement specifying the date by which the
17-7 water and sewer service facilities will be fully operational; and
17-8 (C) a statement signed by an engineer licensed
17-9 in this state certifying that the plans for the water and sewer
17-10 facilities meet the minimum state standards;
17-11 (4) the commissioners court finds that the unplatted
17-12 subdivision at the time the delay or variance is requested is
17-13 developed in a manner and to an extent that compliance with
17-14 specific platting requirements is impractical or contrary to the
17-15 health or safety of the residents of the subdivision; and
17-16 (5) the subdivider who created the unplatted
17-17 subdivision has not violated local law, federal law, or state law,
17-18 excluding this chapter, in subdividing the land for which the delay
17-19 or variance is requested, if the subdivider is the person
17-20 requesting the delay or variance.
17-21 (c) If the commissioners court makes a written finding that
17-22 the subdivider who created the unplatted subdivision owns property
17-23 in the subdivision, the commissioners court may grant a provisional
17-24 delay or variance only if the requirements of Subsection (b) are
17-25 satisfied. The commissioners court may issue a final grant of the
17-26 delay or variance only if, before the 91st day after the date the
18-1 commissioners court submits the record of its proceedings to the
18-2 attorney general as prescribed by Subsection (d), the commissioners
18-3 court:
18-4 (1) has not received objections from the attorney
18-5 general; and
18-6 (2) has filed a lien on the property in the
18-7 subdivision owned by the subdivider, excluding property subject to
18-8 a contract of sale or contract for deed, to recover the value of
18-9 platting the subdivision and providing infrastructure to the
18-10 property owned by the subdivider.
18-11 (d) If the commissioners court grants a delay or variance
18-12 under this section, the commissioners court shall:
18-13 (1) make findings specifying the reason compliance
18-14 with each requirement is impractical or contrary to the health or
18-15 safety of residents of the subdivision;
18-16 (2) keep a record of its proceedings and include in
18-17 the record documentation of the findings and the information
18-18 submitted under Subsection (b); and
18-19 (3) submit a copy of the record to the attorney
18-20 general.
18-21 (e) The failure of the attorney general to comment or object
18-22 to a delay or variance granted under this section does not
18-23 constitute a waiver of or consent to the validity of the delay or
18-24 variance granted.
18-25 (f) This section does not affect a civil suit filed against,
18-26 a criminal prosecution of, or the validity of a penalty imposed on
19-1 a subdivider for a violation of law, regardless of the date on
19-2 which the violation occurred.
19-3 SECTION 20. The heading to Subchapter C, Chapter 232, Local
19-4 Government Code, is amended to read as follows:
19-5 SUBCHAPTER C. [ALTERNATE] SUBDIVISION PLATTING REQUIREMENTS IN
19-6 CERTAIN [OTHER] ECONOMICALLY DISTRESSED COUNTIES
19-7 SECTION 21. Section 232.071, Local Government Code, is
19-8 amended to read as follows:
19-9 Sec. 232.071. APPLICABILITY. This subchapter applies only
19-10 to the subdivision of land located:
19-11 (1) outside the corporate limits of a municipality [or
19-12 the extraterritorial jurisdiction of a municipality]; and
19-13 (2) in a county:
19-14 (A) eligible for financial assistance under
19-15 Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
19-16 Code; and
19-17 (B) to which Subchapter B does not apply.
19-18 SECTION 22. Section 232.073, Local Government Code, is
19-19 amended to read as follows:
19-20 Sec. 232.073. APPROVAL BY COUNTY REQUIRED. (a) A plat
19-21 filed under Section 232.072 is not valid unless the commissioners
19-22 court of the county in which the land is located approves the plat
19-23 by an order entered in the minutes of the court. The commissioners
19-24 court shall refuse to approve a plat if it does not meet the
19-25 requirements prescribed by or under this subchapter or if any bond
19-26 required under this subchapter is not filed with the county clerk.
20-1 (b) The commissioners court of the county in which the land
20-2 is located may establish a planning commission as provided by
20-3 Subchapter D. The planning commission, including its findings and
20-4 decisions, is subject to the same provisions applicable to the
20-5 commissioners court under this subchapter, including Section
20-6 232.078 relating to conflicts of interest.
20-7 SECTION 23. Subchapter C, Chapter 232, Local Government
20-8 Code, is amended by adding Section 232.0775 to read as follows:
20-9 Sec. 232.0775. COUNTY INSPECTOR. (a) The commissioners
20-10 court may impose a fee on a subdivider of property under this
20-11 subchapter for an inspection of the property to ensure compliance
20-12 with the subdivision regulations adopted under this subchapter,
20-13 Section 16.343, Water Code, or other law.
20-14 (b) Fees collected under this section may be used only to
20-15 fund inspections conducted under this section.
20-16 SECTION 24. Section 232.080, Local Government Code, is
20-17 amended by adding Subsection (c) to read as follows:
20-18 (c) This subchapter is subject to the applicable enforcement
20-19 provisions prescribed by Sections 16.352, 16.353, 16.354, and
20-20 16.3545, Water Code.
20-21 SECTION 25. Chapter 232, Local Government Code, is amended
20-22 by adding Subchapter D to read as follows:
20-23 SUBCHAPTER D. COUNTY PLANNING COMMISSION
20-24 Sec. 232.091. APPLICABILITY. This subchapter applies only
20-25 to a county:
20-26 (1) authorized to establish a planning commission
21-1 under Subchapter B or C; and
21-2 (2) in which the commissioners court by order elects
21-3 to operate under this subchapter.
21-4 Sec. 232.092. ESTABLISHMENT AND ABOLITION OF PLANNING
21-5 COMMISSION. (a) To promote the general public welfare, the
21-6 commissioners court of a county by order may:
21-7 (1) establish a planning commission under this
21-8 section; and
21-9 (2) abolish a planning commission established under
21-10 this section.
21-11 (b) The commissioners court may authorize the planning
21-12 commission to act on behalf of the commissioners court in matters
21-13 relating to:
21-14 (1) the duties and authority of the commissioners
21-15 court under Subchapter A, B, or C; and
21-16 (2) land use, health and safety, planning and
21-17 development, or other enforcement provisions specifically
21-18 authorized by law.
21-19 (c) If the commissioners court establishes a planning
21-20 commission, the commissioners court by order shall adopt reasonable
21-21 rules and procedures necessary to administer this subchapter.
21-22 Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.
21-23 (a) The commissioners court may appoint a planning commission
21-24 consisting of five members. Members are appointed for staggered
21-25 terms of two years.
21-26 (b) A person appointed as a member of the planning
22-1 commission must be a citizen of the United States and reside in the
22-2 county.
22-3 (c) The commissioners court shall file with the county clerk
22-4 a certificate of appointment for each commission member.
22-5 (d) The commissioners court shall fill any vacancy on the
22-6 commission.
22-7 (e) Before a planning commission member undertakes the
22-8 duties of the office, the member must:
22-9 (1) take the official oath; and
22-10 (2) swear in writing that the member will promote the
22-11 interest of the county as a whole and not only a private interest
22-12 or the interest of a special group or location in the county.
22-13 (f) A member of the planning commission serves at the
22-14 pleasure of the commissioners court and is subject to removal as
22-15 provided by Chapter 87.
22-16 Sec. 232.094. FINANCIAL DISCLOSURE. (a) A member of the
22-17 planning commission shall file a financial disclosure report in the
22-18 same manner as required for county officers under Subchapter B,
22-19 Chapter 159.
22-20 (b) If the commissioners court of the county in which the
22-21 planning commission member serves has not adopted a financial
22-22 disclosure reporting system under Subchapter B, Chapter 159, the
22-23 planning commission member shall file a financial disclosure report
22-24 in the same manner as required for county officers under Subchapter
22-25 A, Chapter 159.
22-26 Sec. 232.095. OFFICERS, QUORUM, AND MEETINGS. (a) At the
23-1 first meeting of each calendar year, the planning commission shall
23-2 elect a presiding officer and assistant presiding officer. The
23-3 presiding officer presides over the meetings and executes all
23-4 documentation required on behalf of the planning commission. The
23-5 assistant presiding officer represents the presiding officer during
23-6 the presiding officer's absence.
23-7 (b) There is no limitation on the number of terms a member
23-8 may serve on the commission.
23-9 (c) Minutes of the planning commission's proceedings must be
23-10 filed with the county clerk or other county officer or employee
23-11 designated by the commissioners court. The minutes of the planning
23-12 commission's proceedings are a public record.
23-13 (d) The planning commission is subject to Chapters 551 and
23-14 552, Government Code.
23-15 (e) The planning commission may adopt rules necessary to
23-16 administer this subchapter. Rules adopted under this subsection
23-17 are subject to approval by the commissioners court.
23-18 Sec. 232.096. TIMELY APPROVAL OF PLATS. (a) The planning
23-19 commission shall issue a written list of the documentation and
23-20 other information that must be submitted with a plat application.
23-21 The documentation or other information must relate to a requirement
23-22 authorized by law. An application submitted to the planning
23-23 commission that contains the documents and other information on the
23-24 list is considered complete.
23-25 (b) If a person submits an incomplete plat application to
23-26 the planning commission, the planning commission or its designee
24-1 shall, not later than the 30th business day after the date the
24-2 planning commission or its designee receives the application,
24-3 notify the applicant of the missing documents or other information.
24-4 The planning commission or its designee shall allow an applicant to
24-5 timely submit the missing documents or other information.
24-6 (c) An application is considered complete on the date all
24-7 documentation and other information required by Subsection (a) is
24-8 received by the planning commission.
24-9 (d) If the approval of the plat is within the exclusive
24-10 jurisdiction of the planning commission, the planning commission
24-11 shall take final action on a plat application, including the
24-12 resolution of all appeals, not later than the 120th day after the
24-13 date a completed plat application is received by the planning
24-14 commission.
24-15 (e) The time period prescribed by Subsection (d) may be
24-16 extended for:
24-17 (1) a reasonable period if requested by the applicant;
24-18 and
24-19 (2) an additional 120 days if the county is required
24-20 under Chapter 2007, Government Code, to perform a takings impact
24-21 assessment in connection with a plat submitted for approval.
24-22 (f) The planning commission may not compel an applicant to
24-23 waive the time limits prescribed by this section.
24-24 (g) If the planning commission fails to take final action on
24-25 the completed plat application as required by this section, the
24-26 applicant may apply to a district court in the county in which the
25-1 land is located for an injunction to compel the planning commission
25-2 to approve or disapprove the plat. A planning commission enjoined
25-3 by a final order of a court under this subsection shall make a
25-4 decision approving or disapproving the plat not later than the 20th
25-5 business day after the date a copy of the injunction is served on
25-6 the presiding officer of the planning commission. If the planning
25-7 commission approves the plat, the planning commission, within the
25-8 20-day period prescribed by this subsection, shall:
25-9 (1) refund the greater of the unexpended portion of
25-10 any plat application fee or deposit or 50 percent of a plat
25-11 application fee or deposit that has been paid;
25-12 (2) determine the appropriate amount of any bond or
25-13 other financial guarantee required in connection with the plat
25-14 approval; and
25-15 (3) issue documents recognizing the plat's approval.
25-16 (h) Except as provided by this subsection, an approval of a
25-17 plat by the planning commission is final on the 31st day after the
25-18 date the planning commission votes to approve the plat. On the
25-19 request of a county commissioner, the commissioners court shall
25-20 review a plat approved by the planning commission not later than
25-21 the 30th day after the date the planning commission votes to
25-22 approve the plat. The commissioners court may disapprove the plat
25-23 if the plat fails to comply with state law or rules adopted by the
25-24 county or the planning commission. If the commissioners court
25-25 fails to take action within the 30-day period prescribed by this
25-26 subsection, the decision of the planning commission is final.
26-1 (i) In this section, "business day" means a day other than a
26-2 Saturday, Sunday, or holiday recognized by this state.
26-3 Sec. 232.097. REASONS FOR DISAPPROVAL OF PLAT REQUIRED. If
26-4 the planning commission refuses to approve a plat, the planning
26-5 commission shall provide to the person requesting approval a notice
26-6 specifying the reason for the disapproval.
26-7 SECTION 26. Subsections (a) and (b), Section 242.001, Local
26-8 Government Code, are amended to read as follows:
26-9 (a) This section applies only to a county operating under
26-10 Sections 232.001-232.005 or Subchapter B or C, Chapter 232.
26-11 (c) In the extraterritorial jurisdiction of a municipality,
26-12 the municipality may regulate subdivisions under Subchapter A of
26-13 Chapter 212 and other statutes applicable to municipalities, and
26-14 the county may regulate subdivisions under Sections
26-15 232.001-232.005, Subchapter B or C, Chapter 232, and other statutes
26-16 applicable to counties. If a municipal regulation conflicts with a
26-17 county regulation, the more stringent provisions prevail.
26-18 SECTION 27. Subsection (d), Section 12.002, Property Code,
26-19 is amended to read as follows:
26-20 (d) Except in the case of a subdivision located in a county
26-21 to which Subchapter B, Chapter 232 [an "affected county," as
26-22 defined by Section 232.021], Local Government Code, applies,
26-23 Subsection (c) does not apply to using a subdivision's description
26-24 in a contract to convey real property before the plat or replat of
26-25 the subdivision is approved and is filed for record with the county
26-26 clerk if:
27-1 (1) the conveyance is expressly contingent on approval
27-2 and recording of the final plat; and
27-3 (2) the purchaser is not given use or occupancy of the
27-4 real property conveyed before the recording of the final plat.
27-5 SECTION 28. Subchapter D, Chapter 5, Water Code, is amended
27-6 by adding Section 5.124 to read as follows:
27-7 Sec. 5.124. AUTHORITY TO AWARD GRANTS. (a) With the
27-8 consent of the commission, the executive director may award grants
27-9 for any purpose regarding resource conservation or environmental
27-10 protection in accordance with this section.
27-11 (b) The commission by rule shall establish procedures for
27-12 awarding a grant, for making any determination related to awarding
27-13 a grant, and for making grant payments.
27-14 (c) Each activity funded by a grant must directly relate to
27-15 a purpose specified in the grant. A grant may be awarded only for
27-16 a purpose consistent with the commission's jurisdiction and
27-17 purposes under law, including:
27-18 (1) the development or implementation of a
27-19 comprehensive conservation and management plan under Section 320,
27-20 Federal Water Pollution Control Act (33 U.S.C. Section 1330), for a
27-21 designated national estuary in this state;
27-22 (2) a demonstration project that involves new
27-23 techniques for pollution prevention, energy or resource
27-24 conservation, or waste management;
27-25 (3) an environmental purpose identified in a federal
27-26 grant that is intended as a pass-through grant;
28-1 (4) development or improvement of monitoring or
28-2 modeling techniques for water or air quality;
28-3 (5) support of a local air pollution program; or
28-4 (6) a study or program related to efforts to prevent
28-5 an area that is near nonattainment with federal air quality
28-6 standards from reaching nonattainment status.
28-7 (d) A grant may be awarded to any person that meets the
28-8 eligibility requirements of the grant. The executive director
28-9 shall establish eligibility requirements for each grant appropriate
28-10 to the purposes of and activities under the grant and the method of
28-11 selecting the recipient.
28-12 (e) Selection of grant recipients must be by solicitation of
28-13 a proposal or application except as provided by Subsections (f) and
28-14 (g). The executive director may specify any selection criterion
28-15 the executive director considers relevant to the grant. Selection
28-16 criteria must address:
28-17 (1) evaluation and scoring of:
28-18 (A) fiscal controls;
28-19 (B) project effectiveness;
28-20 (C) project cost; and
28-21 (D) previous experience with grants and
28-22 contracts; and
28-23 (2) the possibility and method of making multiple
28-24 awards.
28-25 (f) A grant may be made by direct award only if:
28-26 (1) the executive director determines that:
29-1 (A) selection of recipients by the solicitation
29-2 of proposals or applications is not feasible; and
29-3 (B) awarding the grant directly is in the best
29-4 interest of the state;
29-5 (2) eligibility for the grant is limited to:
29-6 (A) an agency or political subdivision of this
29-7 state or of another state;
29-8 (B) a state institution of higher learning of
29-9 this state or of another state, including any part or service of
29-10 the institution; or
29-11 (C) an agency of the United States; or
29-12 (3) the grant is awarded to a person established or
29-13 authorized to develop or implement a comprehensive conservation and
29-14 management plan under Section 320, Federal Water Pollution Control
29-15 Act (33 U.S.C. Section 1330), for a national estuary in this state.
29-16 (g) If a solicitation of a proposal is made for the purpose
29-17 of identifying a partner for a joint application for a federal
29-18 grant that is subsequently awarded to the commission, the executive
29-19 director is not required to make an additional solicitation for
29-20 entering into a pass-through grant with an identified partner.
29-21 (h) The executive director shall publish information
29-22 regarding a solicitation related to a grant to be awarded under
29-23 this section on the commission's electronic business daily in the
29-24 manner provided by Section 2155.074, Government Code, as added by
29-25 Section 1, Chapter 508, Acts of the 75th Legislature, Regular
29-26 Session, 1997.
30-1 (i) For a grant awarded under this section, the commission
30-2 may use:
30-3 (1) money appropriated for grant-making purposes;
30-4 (2) federal money granted for making pass-through
30-5 grants; and
30-6 (3) state or federal grant money appropriated for a
30-7 purpose that the executive director determines is consistent with a
30-8 purpose of the grant from the commission.
30-9 SECTION 29. Subdivision (26), Section 13.002, Water Code, is
30-10 amended to read as follows:
30-11 (26) "Affected county" is a county to which Subchapter
30-12 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
30-13 Government Code, applies.
30-14 SECTION 30. Section 13.241, Water Code, is amended by adding
30-15 Subsection (e) to read as follows:
30-16 (e) The commission by rule shall develop a standardized
30-17 method for determining under Section 13.246(f) which of two or more
30-18 retail public utilities or water supply or sewer service
30-19 corporations that apply for a certificate of public convenience and
30-20 necessity to provide water or sewer utility service to an
30-21 uncertificated area located in an economically distressed area is
30-22 more capable financially, managerially, and technically of
30-23 providing continuous and adequate service. In this subsection,
30-24 "economically distressed area" has the meaning assigned by Section
30-25 15.001.
30-26 SECTION 31. Section 13.246, Water Code, is amended by
31-1 amending Subsection (e) and adding Subsections (f) and (g) to read
31-2 as follows:
31-3 (e) Where applicable, in addition to the other factors in
31-4 this section the commission shall consider the efforts of the
31-5 applicant:
31-6 (1) to extend service to any economically distressed
31-7 areas located within the service areas certificated to the
31-8 applicant; and
31-9 (2) to enforce the rules adopted under Section 16.343.
31-10 [For the purposes of this subsection, "economically distressed
31-11 area" has the meaning assigned by Section 15.001.]
31-12 (f) If two or more retail public utilities or water supply
31-13 or sewer service corporations apply for a certificate of public
31-14 convenience and necessity to provide water or sewer utility service
31-15 to an uncertificated area located in an economically distressed
31-16 area and otherwise meet the requirements for obtaining a new
31-17 certificate, the commission shall grant the certificate to the
31-18 retail public utility or water supply or sewer service corporation
31-19 that is more capable financially, managerially, and technically of
31-20 providing continuous and adequate service subject to judicial
31-21 review under Section 13.381.
31-22 (g) In this section, "economically distressed area" has the
31-23 meaning assigned by Section 15.001.
31-24 SECTION 32. Section 13.381, Water Code, is amended to read
31-25 as follows:
31-26 Sec. 13.381. RIGHT TO JUDICIAL REVIEW; EVIDENCE. (a) Except
32-1 as provided by Subsection (b), any [Any] party to a proceeding
32-2 before the commission is entitled to judicial review under the
32-3 substantial evidence rule.
32-4 (b) A retail public utility or water supply or sewer service
32-5 corporation that is denied a certificate of public convenience and
32-6 necessity to provide water or sewer utility service to an
32-7 uncertificated area located in an economically distressed area on
32-8 the ground that another retail public utility or water supply or
32-9 sewer service corporation is more capable financially,
32-10 managerially, and technically of providing continuous and adequate
32-11 service may file a motion for rehearing as provided by Section
32-12 2001.146, Government Code. In this subsection, "economically
32-13 distressed area" has the meaning assigned by Section 15.001.
32-14 SECTION 33. Section 15.407, Water Code, is amended by adding
32-15 new Subsections (c) and (d), relettering existing Subsections (c),
32-16 (d), (e), (f), and (g) as Subsections (e), (f), (g), (h), and (i),
32-17 and adding Subsection (j) to read as follows:
32-18 (c) The selection process used by a political subdivision to
32-19 procure engineering services necessary for facility engineering is
32-20 subject to review by and approval of the executive administrator.
32-21 The executive administrator may assist a political subdivision in
32-22 the selection of the provider of engineering services necessary for
32-23 facility engineering in economically distressed areas.
32-24 (d) The board shall adopt rules governing the procurement of
32-25 facility engineering services by a political subdivision awarded
32-26 funds under this subchapter and may adopt other rules necessary to
33-1 carry out the board's powers and duties under this subchapter.
33-2 (e) A political subdivision that desires money from the
33-3 research and planning fund for facility engineering in an
33-4 economically distressed area shall submit a written application to
33-5 the board in the manner and form required by board rules.
33-6 (f) [(d)] The application shall include:
33-7 (1) the name of the political subdivision;
33-8 (2) a citation to the laws under which the political
33-9 subdivision was created and is operating;
33-10 (3) the amount requested from the board for facility
33-11 engineering in an economically distressed area; and
33-12 (4) any other information required by the board in its
33-13 rules or specifically requested by the board.
33-14 (g) [(e)] After notice and hearing, the board may award the
33-15 applicant all or part of the requested funds that are considered
33-16 necessary by the board for the political subdivision to carry out
33-17 adequate facility engineering in an economically distressed area.
33-18 (h) [(f)] If the board grants an application under this
33-19 section and awards funds for facility engineering in an
33-20 economically distressed area, the board shall enter into a contract
33-21 with the political subdivision that includes:
33-22 (1) a detailed statement of the purpose for which the
33-23 money is to be used;
33-24 (2) the total amount of money to be paid from the
33-25 research and planning fund under the contract; and
33-26 (3) any other terms and conditions required by board
34-1 rules or agreed to by the contracting parties.
34-2 (i) [(g)] If, after submission of an application under this
34-3 section, a county has an increase in average per capita income or a
34-4 decrease in unemployment rate average so that the county no longer
34-5 meets the definition of an affected county in Section 16.341, the
34-6 political subdivision that submits the application continues to be
34-7 eligible for the funds under this section, and the board shall
34-8 process the application for facility engineering and, if the
34-9 application is approved, shall provide funds for the facility
34-10 engineering plan to the political subdivision.
34-11 (j) If the board determines that planning activities
34-12 undertaken by a political subdivision for which the board has
34-13 committed funds under this subchapter have been inadequate or not
34-14 completed in a timely manner, the board may terminate the contract
34-15 with the political subdivision and on behalf of and in consultation
34-16 with the political subdivision may perform or contract for facility
34-17 engineering in the economically distressed area.
34-18 SECTION 34. Subsection (a), Section 16.343, Water Code, is
34-19 amended to read as follows:
34-20 (a) The board [Texas Natural Resource Conservation
34-21 Commission] shall, [in conjunction with the board and] after
34-22 consultation with the attorney general and the commission, prepare
34-23 and adopt model rules to assure that minimum standards for safe and
34-24 sanitary water supply and sewer services in residential areas of
34-25 political subdivisions, including rules of any state agency
34-26 relating to septic tanks and other waste disposal systems, are met.
35-1 SECTION 35. Subsection (b), Section 16.345, Water Code, is
35-2 amended to read as follows:
35-3 (b) In addition to any other authority to issue bonds or
35-4 other obligations or incur any debt, an affected county or another
35-5 [a] political subdivision, other than a nonprofit water supply
35-6 corporation, eligible for financial assistance under Subchapter K,
35-7 Chapter 17, of this code may issue bonds payable from and secured
35-8 by a pledge of the revenues derived or to be derived from the
35-9 operation of water supply or sewer service systems for the purpose
35-10 of acquiring, constructing, improving, extending, or repairing
35-11 water supply or sewer facilities. The bonds shall be issued in
35-12 accordance with and an affected county or another [a] political
35-13 subdivision may exercise the powers granted by: Articles 1111
35-14 through 1118, Revised Statutes; Chapters 249 and 250, Acts of the
35-15 51st Legislature, Regular Session, 1949 (Articles 1111a and 1111b,
35-16 Vernon's Texas Civil Statutes); Chapter 428, Acts of the 52nd
35-17 Legislature, 1951 (Article 1111c, Vernon's Texas Civil Statutes);
35-18 Chapter 122, Acts of the 43rd Legislature, Regular Session, 1933
35-19 (Articles 1114a, 1114b, and 1114c, Vernon's Texas Civil Statutes);
35-20 and Chapter 56, Acts of the 45th Legislature, 2nd Called Session,
35-21 1937 (Article 1114d, Vernon's Texas Civil Statutes); by the Bond
35-22 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
35-23 Statutes); by Chapter 656, Acts of the 68th Legislature, Regular
35-24 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes); and by
35-25 other laws of the state.
35-26 SECTION 36. Subchapter J, Chapter 16, Water Code, is amended
36-1 by adding Sections 16.352, 16.353, 16.3535, 16.354, and 16.3545 to
36-2 read as follows:
36-3 Sec. 16.352. ENFORCEMENT OF RULES. A person who violates a
36-4 rule adopted by a municipality or county under this subchapter or
36-5 under Subchapter B or C, Chapter 232, Local Government Code, is
36-6 liable to the municipality or county for a civil penalty of not
36-7 less than $500 and not more than $1,000 for each violation and for
36-8 each day of a violation. The maximum civil penalty that may accrue
36-9 each day is $5,000. The appropriate attorney representing the
36-10 municipality or county may sue to collect the penalty. The
36-11 recovered penalty shall be deposited in the general fund of the
36-12 municipality or county.
36-13 Sec. 16.353. INJUNCTION. (a) In addition to any other
36-14 remedy, the attorney general, the municipal attorney of the
36-15 municipality in which a violation under Section 16.352 occurs, or
36-16 the county or district attorney of the county in which a violation
36-17 under Section 16.352 occurs may apply to a district court for, and
36-18 the district court may grant, the state or the political
36-19 subdivision an appropriate prohibitory or mandatory order,
36-20 including a temporary restraining order or a temporary or permanent
36-21 injunction, enjoining a violation of this subchapter, the rules
36-22 described by Section 16.352, or Subchapter B or C, Chapter 232,
36-23 Local Government Code.
36-24 (b) An injunction issued under this section may be issued
36-25 without the requirement of a bond or other undertaking.
36-26 Sec. 16.3535. DAMAGES. In addition to any other remedy, the
37-1 attorney general or the county or district attorney of the county
37-2 in which a violation under Section 16.352 occurs may apply to a
37-3 district court for, and the district court may grant, monetary
37-4 damages to cover the cost of enforcing this subchapter, rules
37-5 adopted under this subchapter, or Subchapter B or C, Chapter 232,
37-6 Local Government Code.
37-7 Sec. 16.354. ATTORNEY GENERAL ENFORCEMENT. In addition to
37-8 the ability of any political subdivision to enforce this
37-9 subchapter, the attorney general may file suit to:
37-10 (1) enforce a rule adopted under Section 16.350;
37-11 (2) recover a civil penalty under Section 16.352;
37-12 (3) obtain injunctive relief under Section 16.353;
37-13 (4) recover damages under Section 16.3535;
37-14 (5) enforce a political subdivision's rules, recover
37-15 any penalty, recover any damages, and obtain any injunctive relief;
37-16 or
37-17 (6) recover attorney's fees, investigative costs, and
37-18 court costs.
37-19 Sec. 16.3545. VENUE. A suit brought under this subchapter
37-20 for injunctive relief or the recovery of a civil penalty or damages
37-21 may be brought in a district court in:
37-22 (1) the county in which the defendant resides;
37-23 (2) the county in which the alleged violation or
37-24 threat of violation occurs; or
37-25 (3) Travis County.
37-26 SECTION 37. Subchapter J, Chapter 16, Water Code, is amended
38-1 by adding Section 16.356 to read as follows:
38-2 Sec. 16.356. USE OF REVENUE FROM OPERATION OF WATER SUPPLY
38-3 OR SEWER SERVICE PROJECTS. (a) A political subdivision that
38-4 receives financial assistance from the economically distressed
38-5 areas program under Subchapter K, Chapter 17, may not use any
38-6 revenue received from fees collected from a water supply or sewer
38-7 service constructed in whole or in part from funds from the
38-8 economically distressed areas program account for purposes other
38-9 than utility purposes. The annual financial statement prepared by
38-10 a municipality under Section 103.001, Local Government Code, must
38-11 include a specific report on compliance with this section.
38-12 (b) At the request of the board or on the attorney general's
38-13 own initiative, the attorney general may file suit to enjoin an
38-14 actual or threatened violation of this section.
38-15 SECTION 38. Subsection (b), Section 17.927, Water Code, is
38-16 amended to read as follows:
38-17 (b) The application and plan must:
38-18 (1) comply with board requirements;
38-19 (2) describe in detail the method for delivering water
38-20 supply and sewer services and the persons to whom the services will
38-21 be provided;
38-22 (3) describe the method for complying with minimum
38-23 state standards for water supply and sewer services adopted by the
38-24 board under Section 16.342 of this code;
38-25 (4) include a budget that estimates the total cost of
38-26 providing water supply and sewer services to the economically
39-1 distressed area and a proposed schedule and method for repayment of
39-2 financial assistance consistent with board rules and guidelines;
39-3 (5) describe existing water supply and sewer
39-4 facilities located in the economically distressed area and include
39-5 with the description:
39-6 (A) the county map required by Section 366.036,
39-7 Health and Safety Code; or
39-8 (B) a document prepared and certified by an
39-9 engineer registered to practice in this state describing the plan
39-10 for providing water supply and sewer services to the economically
39-11 distressed area;
39-12 (6) provide proof that the appropriate political
39-13 subdivision has adopted the model rules developed under Section
39-14 16.343 of this code;
39-15 (7) include information on the ability of potential
39-16 customers to pay for the services provided by the project including
39-17 composite data prepared by the applicant pursuant to board rules
39-18 and guidelines from surveys of those potential customers covering
39-19 income, family size, personal expenses, employment status, and
39-20 other information required by board rule;
39-21 (8) include an estimate of the per household cost of
39-22 providing the services contemplated by the project with supporting
39-23 data;
39-24 (9) describe the procedures to be used to collect
39-25 money from residents who use the proposed water supply and sewer
39-26 services including procedures for collection of delinquent
40-1 accounts;
40-2 (10) include a requirement that a contractor who
40-3 agrees to acquire, construct, extend, or provide water supply and
40-4 sewer services executes a performance bond in the amount of 100
40-5 percent of the contract price;
40-6 (11) contain an agreement to comply with applicable
40-7 procurement procedures in contract awards for water supply and
40-8 sewer services;
40-9 (12) if located in the service area of a retail public
40-10 utility or public utility that has a certificate of public
40-11 convenience and necessity under Chapter 13 of this code, include a
40-12 document in the form of an affidavit signed by the chief executive
40-13 officer of the utility, which shall cooperate with the political
40-14 subdivision, stating that the utility does not object to the
40-15 construction and operation of the services and facilities in its
40-16 service area;
40-17 (13) include a map of the economically distressed area
40-18 together with supporting information relating to dwellings in the
40-19 area;
40-20 (14) describe in detail the methods for incorporating
40-21 water conservation into the provision of water and sewer services
40-22 to the economically distressed area; [and]
40-23 (15) include, on request of the board, a written
40-24 determination by the commission on the managerial, financial, and
40-25 technical capacity of the applicant to operate the system for which
40-26 assistance is being requested; and
41-1 (16) include any other information required by the
41-2 board.
41-3 SECTION 39. Subsections (b) and (c), Section 17.930, Water
41-4 Code, are amended to read as follows:
41-5 (b) After making the considerations provided by Section
41-6 17.929 of this code, the board by resolution shall:
41-7 (1) approve [or disapprove] the plan and application
41-8 as submitted;
41-9 (2) approve the plan and application subject to the
41-10 requirements identified by the commission for the applicant to
41-11 obtain the managerial, financial, and technical capacity to operate
41-12 the system and any other requirements the board considers
41-13 appropriate;
41-14 (3) deny the application and identify the requirements
41-15 or remedial steps the applicant must complete before the applicant
41-16 may be reconsidered for financial assistance;
41-17 (4) if the board finds that the applicant will be
41-18 unable to obtain the managerial, financial, or technical capacity
41-19 to build and operate a system, deny the application and issue a
41-20 determination that a service provider other than the applicant is
41-21 necessary or appropriate to undertake the proposed project; or
41-22 (5) deny the application.
41-23 (c) The board [and] shall notify the applicant in writing of
41-24 its decision.
41-25 (d) [(c)] The board may require the applicant to provide
41-26 local funds in an amount approved by the board under this
42-1 subchapter, and the board shall provide the remaining funds from
42-2 the economically distressed areas account.
42-3 SECTION 40. Subdivision (20), Section 26.001, Water Code, as
42-4 added by Section 23, Chapter 979, Acts of the 74th Legislature,
42-5 Regular Session, 1995, is amended to read as follows:
42-6 (20) "Affected county" is a county to which Subchapter
42-7 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
42-8 Government Code, applies.
42-9 SECTION 41. Subdivision (26), Section 26.001, Water Code, as
42-10 added by Section 24, Chapter 979, Acts of the 74th Legislature,
42-11 Regular Session, 1995, is amended to read as follows:
42-12 (26) "Affected county" is a county to which Subchapter
42-13 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
42-14 Government Code, applies.
42-15 SECTION 42. Title 7, Government Code, is amended by adding
42-16 Chapter 775 to read as follows:
42-17 CHAPTER 775. COORDINATION OF COLONIA INITIATIVES
42-18 Sec. 775.001. DEFINITIONS. In this chapter:
42-19 (1) "Agency" means a state office, institution, or
42-20 other state governmental entity.
42-21 (2) "Colonia" means a geographic area that:
42-22 (A) is an economically distressed area as
42-23 defined by Section 17.921, Water Code; and
42-24 (B) is located in a county any part of which is
42-25 within 50 miles of an international border.
42-26 Sec. 775.002. INTERAGENCY COORDINATION OF COLONIA
43-1 INITIATIVES. (a) The governor may designate an agency to act as
43-2 the state's colonia initiatives coordinator.
43-3 (b) If appointed under Subsection (a), the colonia
43-4 initiatives coordinator shall coordinate colonia initiatives within
43-5 the agency and with the other agencies and local officials involved
43-6 in colonia projects in the state.
43-7 (c) The colonia initiatives coordinator may work with the
43-8 other agencies and local officials involved in colonia projects in
43-9 the state to:
43-10 (1) coordinate efforts to address colonia issues;
43-11 (2) identify nonprofit self-help groups to help with
43-12 colonia initiatives;
43-13 (3) set goals for each state fiscal year for colonia
43-14 initiatives in the state, including goals to:
43-15 (A) address easement problems; and
43-16 (B) ensure that water and wastewater connections
43-17 are extended from distribution lines to houses located in colonias;
43-18 and
43-19 (4) ensure that the goals set under this subsection
43-20 are met each state fiscal year.
43-21 (d) The following agencies shall designate an officer or
43-22 employee of the agency to serve as the agency's liaison for colonia
43-23 initiatives:
43-24 (1) the office of the attorney general;
43-25 (2) the Texas Department of Health;
43-26 (3) the Texas Department of Housing and Community
44-1 Affairs;
44-2 (4) the Texas Natural Resource Conservation
44-3 Commission; and
44-4 (5) the Texas Water Development Board.
44-5 (e) Each agency's liaison for colonia initiatives under
44-6 Subsection (d) must be a deputy executive director or a person of
44-7 equivalent or higher authority at the agency. This subsection does
44-8 not authorize the creation of a new position for colonia
44-9 coordination at a state agency.
44-10 Sec. 775.003. COLONIA OMBUDSMAN PROGRAM. The colonia
44-11 initiatives coordinator may appoint a colonia ombudsman in each of
44-12 the six border counties that the coordinator determines have the
44-13 largest colonia populations.
44-14 SECTION 43. Section 3, The Plumbing License Law (Article
44-15 6243-101, Vernon's Texas Civil Statutes), is amended to read as
44-16 follows:
44-17 Sec. 3. ACTS PERMITTED WITHOUT A LICENSE. The following
44-18 acts, work and conduct shall be expressly permitted without
44-19 license:
44-20 (a) Plumbing work done by a property owner in a
44-21 building owned or occupied by him as his homestead;
44-22 (b) Plumbing work done outside the municipal limits of
44-23 any organized city, town or village in this state, or within any
44-24 such city, town or village of less than five thousand (5,000)
44-25 inhabitants, unless required by ordinance in such city, town or
44-26 village of less than five thousand (5,000) inhabitants;
45-1 (c) Plumbing work done by anyone who is regularly
45-2 employed as or acting as a maintenance man or maintenance engineer,
45-3 incidental to and in connection with the business in which he is
45-4 employed or engaged, and who does not engage in the occupation of a
45-5 plumber for the general public; construction, installation and
45-6 maintenance work done upon the premises or equipment of a railroad
45-7 by an employee thereof who does not engage in the occupation of a
45-8 plumber for the general public; and plumbing work done by persons
45-9 engaged by any public service company in the laying, maintenance
45-10 and operation of its service mains or lines to the point of
45-11 measurement and the installation, alteration, adjustment, repair,
45-12 removal and renovation of all types of appurtenances, equipment and
45-13 appliances, including doing all that is necessary to render the
45-14 appliances useable or serviceable; appliance installation and
45-15 service work done by anyone who is an appliance dealer or is
45-16 employed by an appliance dealer, and acting as an appliance
45-17 installation man or appliance service man in connecting appliances
45-18 to existing piping installations; water treatment installations,
45-19 exchanges, services, or repairs. Provided, however, that all work
45-20 and service herein named or referred to shall be subject to
45-21 inspection and approval in accordance with the terms of all local
45-22 valid city or municipal ordinances;
45-23 (d) Plumbing work done by an [a licensed] irrigator
45-24 licensed under Chapter 34, Water Code, or an [licensed] installer
45-25 licensed under Chapter 33, Water Code [when working and licensed
45-26 under Chapter 197, Acts of the 66th Legislature, Regular Session,
46-1 1979 (Article 8751, Vernon's Texas Civil Statutes)]. A person
46-2 holding a valid license from the Texas State Board of Plumbing
46-3 Examiners shall not be required to be licensed by any other board
46-4 or agency when installing or working on a lawn irrigation system;
46-5 (e) Plumbing work done by an LP Gas installer when
46-6 working and licensed under Chapter 113, Natural Resources Code, as
46-7 amended;
46-8 (f) Plumbing work, limited to the provision of a
46-9 residential potable water supply or residential sanitary sewer
46-10 connections, for a project in a geographic area that is located in
46-11 a county any part of which is within 50 miles of an international
46-12 border that is done by an organization that:
46-13 (1) is certified by the Texas Natural Resource
46-14 Conservation Commission to provide "self-help" project assistance;
46-15 and
46-16 (2) provides the board with the following
46-17 information before the 30th day before the date the project begins:
46-18 (A) a specific project location;
46-19 (B) the intended duration of the project;
46-20 and
46-21 (C) other information the board may
46-22 require.
46-23 SECTION 44. On or before November 1, 1999, the agencies
46-24 designated by Subsection (d), Section 775.002, Government Code, as
46-25 added by this Act, shall designate an officer or employee to serve
46-26 as that agency's colonia initiative liaison as provided by that
47-1 section.
47-2 SECTION 45. (a) The changes in law made by Section 5.124,
47-3 Water Code, as added by this Act, apply only to a grant made by the
47-4 Texas Natural Resource Conservation Commission on or after the
47-5 effective date of this Act and to a grant being considered by the
47-6 Texas Natural Resource Conservation Commission on the effective
47-7 date of this Act.
47-8 (b) The changes in law made by Section 5.124, Water Code, as
47-9 added by this Act, do not affect the validity of or apply to a
47-10 grant the Texas Natural Resource Conservation Commission made
47-11 before the effective date of this Act.
47-12 (c) The Texas Natural Resource Conservation Commission may
47-13 award a grant that, on the effective date of this Act, is being
47-14 considered under, or for which a solicitation for proposals has
47-15 been issued or an application has been received under, authority
47-16 other than Section 5.124, Water Code, as added by this Act:
47-17 (1) under the other authority without regard to the
47-18 requirements of Section 5.124, Water Code; or
47-19 (2) under the authority of Section 5.124, Water Code,
47-20 notwithstanding that the grant was considered, the solicitation was
47-21 issued, or the application was received under the other authority.
47-22 SECTION 46. The changes in law made by this Act to Sections
47-23 13.241, 13.246, and 13.381, Water Code, apply only to an
47-24 application for a new certificate of public convenience and
47-25 necessity filed on or after the effective date of this Act. An
47-26 application for a new certificate of public convenience and
48-1 necessity filed before the effective date of this Act is governed
48-2 by the law in effect on the date the application was filed, and
48-3 that law is continued in effect for that purpose.
48-4 SECTION 47. The changes in law made by this Act to Sections
48-5 15.407, 17.927, and 17.930, Water Code, apply only to:
48-6 (1) an application for assistance under those
48-7 provisions that is pending before or submitted to the Texas Water
48-8 Development Board on or after September 1, 1999; and
48-9 (2) a contract under Section 15.407, Water Code,
48-10 regardless of the date the contract was made.
48-11 SECTION 48. (a) The change in law made by this Act by
48-12 adding Section 16.352, Water Code, applies only to the violation of
48-13 a rule adopted by a municipality or county under Subchapter J,
48-14 Chapter 16, Water Code, or Section 232.030, Local Government Code,
48-15 that occurs on or after the effective date of this Act. For
48-16 purposes of this section, a violation occurs before the effective
48-17 date of this Act if any element of the violation occurs before that
48-18 date.
48-19 (b) A violation of a rule adopted by a municipality or
48-20 county under Subchapter J, Chapter 16, Water Code, or Section
48-21 232.030, Local Government Code, that occurs before the effective
48-22 date of this Act is governed by the law in effect when the
48-23 violation occurred, and the former law is continued in effect for
48-24 that purpose.
48-25 SECTION 49. The change in law made by Section 16.356, Water
48-26 Code, as added by this Act, applies only to a political subdivision
49-1 subject to that section beginning on the first day of the fiscal
49-2 year of the political subdivision that begins on or after the
49-3 effective date of this Act.
49-4 SECTION 50. This Act takes effect September 1, 1999.
49-5 SECTION 51. The importance of this legislation and the
49-6 crowded condition of the calendars in both houses create an
49-7 emergency and an imperative public necessity that the
49-8 constitutional rule requiring bills to be read on three several
49-9 days in each house be suspended, and this rule is hereby suspended.