76R14763 PAM-D
By Lucio, et al. S.B. No. 1421
Substitute the following for S.B. No. 1421:
By Walker C.S.S.B. No. 1421
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the subdivision or development of
1-3 land in certain economically distressed areas, including colonias,
1-4 and certain other areas; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 103.001, Local Government Code, is
1-7 amended to read as follows:
1-8 Sec. 103.001. ANNUAL AUDIT; FINANCIAL STATEMENT. (a) A
1-9 municipality shall have its records and accounts audited annually
1-10 and shall have an annual financial statement prepared based on the
1-11 audit.
1-12 (b) A municipality subject to Section 16.356, Water Code,
1-13 must include in its financial statement a specific report on
1-14 compliance with that section.
1-15 SECTION 2. Section 212.012, Local Government Code, is
1-16 amended to read as follows:
1-17 Sec. 212.012. CONNECTION OF UTILITIES. (a) Except as
1-18 provided by Subsection (c), an entity described by Subsection (b)
1-19 may not serve or connect any land with water, sewer, electricity,
1-20 gas, or other utility service unless the entity has been presented
1-21 with or otherwise holds a certificate applicable to the land issued
1-22 under Section 212.0115.
1-23 (b) The prohibition established by Subsection (a) applies
2-1 only to:
2-2 (1) a municipality and officials of a municipality
2-3 that provides water, sewer, electricity, gas, or other utility
2-4 service;
2-5 (2) a municipally owned or municipally operated
2-6 utility that provides any of those services;
2-7 (3) a public utility that provides any of those
2-8 services;
2-9 (4) a water supply or sewer service corporation
2-10 organized and operating under Chapter 67, Water Code [76, Acts of
2-11 the 43rd Legislature, 1st Called Session, 1933 (Article 1434a,
2-12 Vernon's Texas Civil Statutes)], that provides any of those
2-13 services;
2-14 (5) a county that provides any of those services; and
2-15 (6) a special district or authority created by or
2-16 under state law that provides any of those services.
2-17 (c) An entity described by Subsection (b) may serve or
2-18 connect land with water, sewer, electricity, gas, or other utility
2-19 service regardless of whether the entity is presented with or
2-20 otherwise holds a certificate applicable to the land issued under
2-21 Section 212.0115 if:
2-22 (1) the land is covered by a development plat approved
2-23 under Subchapter B or under an ordinance or rule relating to the
2-24 development plat;
2-25 (2) the land was first served or connected with
2-26 service by an entity described by Subsection (b)(1), (b)(2), or
2-27 (b)(3) before September 1, 1987;
3-1 (3) the land was first served or connected with
3-2 service by an entity described by Subsection (b)(4), (b)(5), or
3-3 (b)(6) before September 1, 1989; or
3-4 (4) the municipal authority responsible for approving
3-5 plats issues a certificate stating that:
3-6 (A) the land:
3-7 (i) [,] before September 1, 1995, was sold
3-8 or conveyed to the person requesting service by any means of
3-9 conveyance, including a contract for deed or executory contract;
3-10 (ii) [(B) the land] is located in a
3-11 subdivision in which the entity has previously provided service;
3-12 (iii) [(C) the land] is located outside
3-13 the limits of the municipality;
3-14 (iv) [(D) the land] is located in a county
3-15 to which Subchapter B, Chapter 232, applies [an "affected county"
3-16 as that term is defined by Section 232.021]; and
3-17 (v) is the site of [(E)] construction of
3-18 a residence [on the land], evidenced by at least the existence of a
3-19 completed foundation, that was begun on or before May 1, 1997; or
3-20 (B) the land was not subdivided after September
3-21 1, 1995, and:
3-22 (i) water service is available within
3-23 1,000 feet of the subdivided land; or
3-24 (ii) water service is available more than
3-25 1,000 feet from the subdivided land and the extension of water
3-26 service to the land may be feasible, subject to a final
3-27 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
4-27 1, 1995.
5-1 (g) On request, the municipal authority responsible for
5-2 approving plats shall provide to the attorney general and any
5-3 appropriate local, county, or state law enforcement official a copy
5-4 of any document on which the municipal authority relied in
5-5 determining the legality of providing service.
5-6 (h) [(g)] This section may not be construed to abrogate any
5-7 civil or criminal proceeding or prosecution or to waive any penalty
5-8 against a subdivider for a violation of a state or local law,
5-9 regardless of the date on which the violation occurred.
5-10 (i) [(h)] In this section:
5-11 (1) "Foundation" means the lowest division of a
5-12 residence, usually consisting of a masonry slab or a pier and beam
5-13 structure, that is partly or wholly below the surface of the ground
5-14 and on which the residential structure rests.
5-15 (2) "Subdivider" has the meaning assigned by Section
5-16 232.021.
5-17 SECTION 3. The heading to Subchapter B, Chapter 232, Local
5-18 Government Code, is amended to read as follows:
5-19 SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR
5-20 INTERNATIONAL BORDER [ECONOMICALLY DISTRESSED COUNTIES]
5-21 SECTION 4. Section 232.021, Local Government Code, is
5-22 amended to read as follows:
5-23 Sec. 232.021. DEFINITIONS. In this subchapter:
5-24 (1) ["Affected county" means a county:]
5-25 [(A) that has a per capita income that averaged
5-26 25 percent below the state average for the most recent three
5-27 consecutive years for which statistics are available and an
6-1 unemployment rate that averaged 25 percent above the state average
6-2 for the most recent three consecutive years for which statistics
6-3 are available; and]
6-4 [(B) any part of which is within 50 miles of an
6-5 international border.]
6-6 [(2)] "Board" means the Texas Water Development Board.
6-7 (2) [(3)] "Common promotional plan" means any plan or
6-8 scheme of operation undertaken by a single subdivider or a group of
6-9 subdividers acting in concert, either personally or through an
6-10 agent, to offer for sale or lease lots when the land is:
6-11 (A) contiguous or part of the same area of land;
6-12 or
6-13 (B) known, designated, or advertised as a common
6-14 unit or by a common name.
6-15 (3) [(4)] "Executive administrator" means the
6-16 executive administrator of the Texas Water Development Board.
6-17 (4) [(5)] "Floodplain" means any area in the 100-year
6-18 floodplain that is susceptible to being inundated by water from any
6-19 source or [and] that is identified by the Federal Emergency
6-20 Management Agency under the National Flood Insurance Act of 1968
6-21 (42 U.S.C. Sections 4001 through 4127).
6-22 (5) [(6)] "Lease" includes an offer to lease.
6-23 (6) [(7)] "Lot" means a parcel into which land that is
6-24 intended for residential use is divided.
6-25 (7) [(8)] "Minimum state standards" means the minimum
6-26 standards set out for:
6-27 (A) adequate drinking water by or under Section
7-1 16.343(b)(1), Water Code;
7-2 (B) adequate sewer facilities by or under
7-3 Section 16.343(c)(1), Water Code; or
7-4 (C) the treatment, disposal, and management of
7-5 solid waste by or under Chapters 361 and 364, Health and Safety
7-6 Code.
7-7 (8) [(9)] "Plat" means a map, chart, survey, plan, or
7-8 replat containing a description of the subdivided land with ties to
7-9 permanent landmarks or monuments.
7-10 (9) [(10)] "Sell" includes an offer to sell.
7-11 (10) [(11)] "Sewer," "sewer services," or "sewer
7-12 facilities" means treatment works as defined by Section 17.001,
7-13 Water Code, or individual, on-site, or cluster treatment systems
7-14 such as septic tanks and includes drainage facilities and other
7-15 improvements for proper functioning of septic tank systems.
7-16 (11) [(12)] "Subdivide" means to divide the surface
7-17 area of land into lots intended primarily for residential use.
7-18 (12) [(13)] "Subdivider" means an individual, firm,
7-19 corporation, or other legal entity that owns any interest in land
7-20 and that directly or indirectly subdivides land into lots as part
7-21 of a common promotional plan in the ordinary course of business.
7-22 (13) [(14)] "Subdivision" means an area of land that
7-23 has been subdivided into lots for sale or lease.
7-24 (14) [(15)] "Utility" means a person, including a
7-25 legal entity or political subdivision, that provides the services
7-26 of:
7-27 (A) an electric utility, as defined by Section
8-1 31.002, Utilities Code [3(c)(1), Public Utility Regulatory Act
8-2 (Article 1446c, Vernon's Texas Civil Statutes)];
8-3 (B) a gas utility, as defined by Section
8-4 101.003, Utilities Code [1.03, Gas Utility Regulatory Act (Article
8-5 1446e, Vernon's Texas Civil Statutes)]; and
8-6 (C) a water and sewer utility, as defined by
8-7 Section 13.002, Water Code.
8-8 SECTION 5. Section 232.022, Local Government Code, is
8-9 amended to read as follows:
8-10 Sec. 232.022. APPLICABILITY. (a) This subchapter applies
8-11 only to a county any part of which is located within 50 miles of an
8-12 international border.
8-13 (b) This subchapter applies only to land that is subdivided
8-14 into two [four] or more lots that are intended primarily for
8-15 residential use in the jurisdiction of the [an affected] county. A
8-16 lot is presumed to be intended for residential use if the lot is
8-17 five acres or less. This subchapter does not apply if the
8-18 subdivision is incident to the conveyance of the land as a gift
8-19 between persons related to each other within the third degree by
8-20 affinity or consanguinity, as determined under Chapter 573,
8-21 Government Code.
8-22 (c) [(b)] For purposes of this section, land is considered
8-23 to be in the jurisdiction of a county if the land is located in the
8-24 county and[,] outside the corporate limits of municipalities[, and
8-25 outside the extraterritorial jurisdiction of municipalities, as
8-26 determined under Chapter 42].
8-27 SECTION 6. Subsection (a), Section 232.023, Local Government
9-1 Code, is amended to read as follows:
9-2 (a) A subdivider of land [in an affected county] must have a
9-3 plat of the subdivision prepared. A subdivision of a tract under
9-4 this subsection includes a subdivision of real property by any
9-5 method of conveyance, including a contract for deed, oral contract,
9-6 contract of sale, or other type of executory contract, regardless
9-7 of whether the subdivision is made by using a metes and bounds
9-8 description.
9-9 SECTION 7. Section 232.024, Local Government Code, is
9-10 amended by adding Subsection (d) to read as follows:
9-11 (d) The commissioners court of the county in which the land
9-12 is located may establish a planning commission as provided by
9-13 Subchapter D. The planning commission, including its findings and
9-14 decisions, is subject to the same provisions applicable to the
9-15 commissioners court under this subchapter, including Section
9-16 232.034 relating to conflicts of interest.
9-17 SECTION 8. Subsection (c), Section 232.026, Local Government
9-18 Code, is amended to read as follows:
9-19 (c) If the commissioners court provides an extension, the
9-20 commissioners court shall notify the attorney general of the
9-21 extension and the reason for the extension. The attorney general
9-22 shall notify all other state agencies having enforcement power over
9-23 subdivisions [in affected counties] of the extension.
9-24 SECTION 9. Section 232.029, Local Government Code, is
9-25 amended by amending Subsections (c), (d), and (e), adding a new
9-26 Subsection (f), and relettering Subsections (f), (g), (h), and (i)
9-27 as Subsections (g), (h), (i), and (j) to read as follows:
10-1 (c) An electric, gas, water, or sewer service utility may
10-2 serve or connect subdivided land with water, sewer, electricity,
10-3 gas, or other utility service regardless of whether the utility
10-4 receives a certificate issued by the commissioners court under
10-5 Section 232.028(a) or receives a determination from the
10-6 commissioners court under Section 232.028(b) if the utility is
10-7 provided with a certificate issued by the commissioners court that
10-8 states that:
10-9 (1) [before July 1, 1995,] the subdivided land:
10-10 (A) before September 1, 1995, was sold or
10-11 conveyed to the person requesting service by any means of
10-12 conveyance, including a contract for deed or executory contract;
10-13 (B) [(2) the land] is located in a subdivision
10-14 in which the utility has previously provided service; and
10-15 (C) is the site of [(3)] construction of a
10-16 residence [on the land], evidenced by at least the existence of a
10-17 completed foundation, that was begun on or before May 1, 1997; or
10-18 (2) the land was not subdivided after September 1,
10-19 1995, and:
10-20 (A) water service is available within 1,000 feet
10-21 of the subdivided land; or
10-22 (B) water service is available more than 1,000
10-23 feet from the subdivided land and the extension of water service to
10-24 the land may be feasible, subject to a final determination by the
10-25 water service provider.
10-26 (d) A utility may provide utility service to subdivided land
10-27 described by Subsection (c)(1) only if the person requesting
11-1 service:
11-2 (1) is not the land's subdivider or the subdivider's
11-3 agent; and
11-4 (2) provides to the utility a certificate described by
11-5 Subsection (c)(1).
11-6 (e) A person requesting service may obtain a certificate
11-7 under Subsection (c)(1) only if the person provides to the
11-8 commissioners court either:
11-9 (1) a copy of the means of conveyance or other
11-10 documents that show that the land was sold or conveyed to the
11-11 person requesting service before September [July] 1, 1995, and a
11-12 notarized affidavit by that person that states that construction of
11-13 a residence on the land, evidenced by at least the existence of a
11-14 completed foundation, was begun on or before May 1, 1997; or
11-15 (2) a notarized affidavit by the person requesting
11-16 service that states that the property was sold or conveyed to that
11-17 person before September [July] 1, 1995, and that construction of a
11-18 residence on the land, evidenced by at least the existence of a
11-19 completed foundation, was begun on or before May 1, 1997.
11-20 (f) A person requesting service may obtain a certificate
11-21 under Subsection (c)(2) only if the person provides to the
11-22 commissioners court an affidavit that states that the property was
11-23 not sold or conveyed to that person from a subdivider or the
11-24 subdivider's agent after September 1, 1995.
11-25 (g) On request, the commissioners court shall provide to the
11-26 attorney general and any appropriate local, county, or state law
11-27 enforcement official a copy of any document on which the
12-1 commissioners court relied in determining the legality of providing
12-2 service.
12-3 (h) [(g)] This section may not be construed to abrogate any
12-4 civil or criminal proceeding or prosecution or to waive any penalty
12-5 against a subdivider for a violation of a state or local law,
12-6 regardless of the date on which the violation occurred.
12-7 (i) [(h)] The prohibition established by this section shall
12-8 not prohibit an electric or gas utility from providing electric or
12-9 gas utility connection or service to a lot being sold, conveyed, or
12-10 purchased through a contract for deed or executory contract or
12-11 other device by a subdivider prior to July 1, 1995, which is
12-12 located within a subdivision where the utility has previously
12-13 established service and was subdivided by a plat approved prior to
12-14 September 1, 1989.
12-15 (j) [(i)] In this section, "foundation" means the lowest
12-16 division of a residence, usually consisting of a masonry slab or a
12-17 pier and beam structure, that is partly or wholly below the surface
12-18 of the ground and on which the residential structure rests.
12-19 SECTION 10. Subsection (b), Section 232.030, Local
12-20 Government Code, is amended to read as follows:
12-21 (b) Except as provided by Section 16.350(d), Water Code, or
12-22 Section 232.042 or 232.043, the commissioners court may not grant a
12-23 variance or adopt regulations that waive any requirements of this
12-24 subchapter.
12-25 SECTION 11. Subchapter B, Chapter 232, Local Government
12-26 Code, is amended by adding Section 232.0305 to read as follows:
12-27 Sec. 232.0305. COUNTY INSPECTOR. (a) The commissioners
13-1 court may impose a fee on a subdivider of property under this
13-2 subchapter for an inspection of the property to ensure compliance
13-3 with the subdivision regulations adopted under this subchapter,
13-4 Section 16.343, Water Code, or other law.
13-5 (b) Fees collected under this section may be used only to
13-6 fund inspections conducted under this section.
13-7 SECTION 12. Subsection (b), Section 232.035, Local
13-8 Government Code, is amended to read as follows:
13-9 (b) Notwithstanding any other remedy at law or equity, a
13-10 subdivider or an agent of a subdivider may not cause, suffer,
13-11 allow, or permit any part of a subdivision [in an affected county]
13-12 over which the subdivider or an agent of the subdivider has
13-13 control, or a right of ingress and egress, to become a public
13-14 health nuisance as defined by Section 341.011, Health and Safety
13-15 Code.
13-16 SECTION 13. Subsection (a), Section 232.037, Local
13-17 Government Code, is amended to read as follows:
13-18 (a) The attorney general, or the district attorney, criminal
13-19 district attorney, county attorney with felony responsibilities, or
13-20 county attorney of the [an affected] county may take any action
13-21 necessary in a court of competent jurisdiction on behalf of the
13-22 state or on behalf of residents to:
13-23 (1) enjoin the violation or threatened violation of
13-24 the model rules adopted under Section 16.343, Water Code;
13-25 (2) enjoin the violation or threatened violation of a
13-26 requirement of this subchapter or a rule adopted by the
13-27 commissioners court under this subchapter;
14-1 (3) recover civil or criminal penalties, attorney's
14-2 fees, litigation costs, and investigation costs; and
14-3 (4) require platting or replatting under Section
14-4 232.040.
14-5 SECTION 14. Section 232.037, Local Government Code, is
14-6 amended by adding Subsection (d) to read as follows:
14-7 (d) This subchapter is subject to the applicable enforcement
14-8 provisions prescribed by Sections 16.352, 16.353, 16.354, and
14-9 16.3545, Water Code.
14-10 SECTION 15. Section 232.038, Local Government Code, is
14-11 amended to read as follows:
14-12 Sec. 232.038. SUIT BY PRIVATE PERSON IN ECONOMICALLY
14-13 DISTRESSED AREA. A person who has purchased or is purchasing a lot
14-14 after July 1, 1995, in a subdivision for residential purposes that
14-15 does not have water and sewer services as required by this
14-16 subchapter and is located in an economically distressed area, as
14-17 defined by Section 17.921, Water Code, [in an affected county,]
14-18 from a subdivider, may bring suit in the district court in which
14-19 the property is located or in a district court in Travis County to:
14-20 (1) declare the sale of the property void and require
14-21 the subdivider to return the purchase price of the property; and
14-22 (2) recover from the subdivider:
14-23 (A) the market value of any permanent
14-24 improvements the person placed on the property;
14-25 (B) actual expenses incurred as a direct result
14-26 of the failure to provide adequate water and sewer facilities;
14-27 (C) court costs; and
15-1 (D) reasonable attorney's fees.
15-2 SECTION 16. Subsection (a), Section 232.039, Local
15-3 Government Code, is amended to read as follows:
15-4 (a) A subdivider of land [in an affected county] may apply
15-5 to the commissioners court to cancel all or part of the subdivision
15-6 in the manner provided by Section 232.008 after notice and hearing
15-7 as provided by this section.
15-8 SECTION 17. Subsection (c), Section 232.040, Local
15-9 Government Code, is amended to read as follows:
15-10 (c) Subsection (b) does not apply if a seller other than a
15-11 subdivider or agent of a subdivider[:]
15-12 [(1)] resides on the lot[; or]
15-13 [(2) purchases the lot through a contract for deed].
15-14 SECTION 18. The heading to Section 232.042, Local Government
15-15 Code, is amended to read as follows:
15-16 Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS.
15-17 SECTION 19. Subchapter B, Chapter 232, Local Government
15-18 Code, is amended by adding Section 232.043 to read as follows:
15-19 Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS. (a) On
15-20 the request of a subdivider who created an unplatted subdivision or
15-21 a resident purchaser of a lot in the subdivision, the commissioners
15-22 court of a county may grant:
15-23 (1) a delay or variance from compliance with the
15-24 subdivision requirements prescribed by Section 232.023(b)(8) or
15-25 (9), 232.025(1), (2), (3), (4), or (5), or 232.030(c)(2), (3), (5),
15-26 or (6); or
15-27 (2) a delay or variance for an individual lot from
16-1 compliance with the requirements prescribed by the model
16-2 subdivision rules adopted under Section 16.343, Water Code, for:
16-3 (A) the distance that a structure must be set
16-4 back from roads or property lines; or
16-5 (B) the number of single-family, detached
16-6 dwellings that may be located on a lot.
16-7 (b) If the commissioners court makes a written finding that
16-8 the subdivider who created the unplatted subdivision no longer owns
16-9 property in the subdivision, the commissioners court may grant a
16-10 delay or variance under this section only if:
16-11 (1) a majority of the lots in the subdivision were
16-12 sold before September 1, 1995;
16-13 (2) a majority of the resident purchasers in the
16-14 subdivision sign a petition supporting the delay or variance;
16-15 (3) the person requesting the delay or variance
16-16 submits to the commissioners court:
16-17 (A) a description of the water and sewer service
16-18 facilities that will be constructed or installed to service the
16-19 subdivision;
16-20 (B) a statement specifying the date by which the
16-21 water and sewer service facilities will be fully operational; and
16-22 (C) a statement signed by an engineer licensed
16-23 in this state certifying that the plans for the water and sewer
16-24 facilities meet the minimum state standards;
16-25 (4) the commissioners court finds that the unplatted
16-26 subdivision at the time the delay or variance is requested is
16-27 developed in a manner and to an extent that compliance with
17-1 specific platting requirements is impractical or contrary to the
17-2 health or safety of the residents of the subdivision; and
17-3 (5) the subdivider who created the unplatted
17-4 subdivision has not violated local law, federal law, or state law,
17-5 excluding this chapter, in subdividing the land for which the delay
17-6 or variance is requested, if the subdivider is the person
17-7 requesting the delay or variance.
17-8 (c) If the commissioners court makes a written finding that
17-9 the subdivider who created the unplatted subdivision owns property
17-10 in the subdivision, the commissioners court may grant a provisional
17-11 delay or variance only if the requirements of Subsection (b) are
17-12 satisfied. The commissioners court may issue a final grant of the
17-13 delay or variance only if the commissioners court has not received
17-14 objections from the attorney general before the 91st day after the
17-15 date the commissioners court submits the record of its proceedings
17-16 to the attorney general as prescribed by Subsection (d).
17-17 (d) If the commissioners court grants a delay or variance
17-18 under this section, the commissioners court shall:
17-19 (1) make findings specifying the reason compliance
17-20 with each requirement is impractical or contrary to the health or
17-21 safety of residents of the subdivision;
17-22 (2) keep a record of its proceedings and include in
17-23 the record documentation of the findings and the information
17-24 submitted under Subsection (b); and
17-25 (3) submit a copy of the record to the attorney
17-26 general.
17-27 (e) The failure of the attorney general to comment or object
18-1 to a delay or variance granted under this section does not
18-2 constitute a waiver of or consent to the validity of the delay or
18-3 variance granted.
18-4 (f) This section does not affect a civil suit filed against,
18-5 a criminal prosecution of, or the validity of a penalty imposed on
18-6 a subdivider for a violation of law, regardless of the date on
18-7 which the violation occurred.
18-8 SECTION 20. The heading to Subchapter C, Chapter 232, Local
18-9 Government Code, is amended to read as follows:
18-10 SUBCHAPTER C. [ALTERNATE] SUBDIVISION PLATTING REQUIREMENTS IN
18-11 CERTAIN [OTHER] ECONOMICALLY DISTRESSED COUNTIES
18-12 SECTION 21. Section 232.071, Local Government Code, is
18-13 amended to read as follows:
18-14 Sec. 232.071. APPLICABILITY. This subchapter applies only
18-15 to the subdivision of land located:
18-16 (1) outside the corporate limits of a municipality [or
18-17 the extraterritorial jurisdiction of a municipality]; and
18-18 (2) in a county:
18-19 (A) eligible for financial assistance under
18-20 Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
18-21 Code; and
18-22 (B) to which Subchapter B does not apply.
18-23 SECTION 22. Section 232.073, Local Government Code, is
18-24 amended to read as follows:
18-25 Sec. 232.073. APPROVAL BY COUNTY REQUIRED. (a) A plat
18-26 filed under Section 232.072 is not valid unless the commissioners
18-27 court of the county in which the land is located approves the plat
19-1 by an order entered in the minutes of the court. The commissioners
19-2 court shall refuse to approve a plat if it does not meet the
19-3 requirements prescribed by or under this subchapter or if any bond
19-4 required under this subchapter is not filed with the county clerk.
19-5 (b) The commissioners court of the county in which the land
19-6 is located may establish a planning commission as provided by
19-7 Subchapter D. The planning commission, including its findings and
19-8 decisions, is subject to the same provisions applicable to the
19-9 commissioners court under this subchapter, including Section
19-10 232.078 relating to conflicts of interest.
19-11 SECTION 23. Subchapter C, Chapter 232, Local Government
19-12 Code, is amended by adding Section 232.0775 to read as follows:
19-13 Sec. 232.0775. COUNTY INSPECTOR. (a) The commissioners
19-14 court may impose a fee on a subdivider of property under this
19-15 subchapter for an inspection of the property to ensure compliance
19-16 with the subdivision regulations adopted under this subchapter,
19-17 Section 16.343, Water Code, or other law.
19-18 (b) Fees collected under this section may be used only to
19-19 fund inspections conducted under this section.
19-20 SECTION 24. Section 232.080, Local Government Code, is
19-21 amended by adding Subsection (c) to read as follows:
19-22 (c) This subchapter is subject to the applicable enforcement
19-23 provisions prescribed by Sections 16.352, 16.353, 16.354, and
19-24 16.3545, Water Code.
19-25 SECTION 25. Chapter 232, Local Government Code, is amended
19-26 by adding Subchapter D to read as follows:
20-1 SUBCHAPTER D. COUNTY PLANNING COMMISSION
20-2 Sec. 232.091. APPLICABILITY. This subchapter applies only
20-3 to a county:
20-4 (1) authorized to establish a planning commission
20-5 under Subchapter B or C; and
20-6 (2) in which the commissioners court by order elects
20-7 to operate under this subchapter.
20-8 Sec. 232.092. ESTABLISHMENT AND ABOLITION OF PLANNING
20-9 COMMISSION. (a) To promote the general public welfare, the
20-10 commissioners court of a county by order may:
20-11 (1) establish a planning commission under this
20-12 section; and
20-13 (2) abolish a planning commission established under
20-14 this section.
20-15 (b) The commissioners court may authorize the planning
20-16 commission to act on behalf of the commissioners court in matters
20-17 relating to:
20-18 (1) the duties and authority of the commissioners
20-19 court under Subchapter A, B, or C; and
20-20 (2) land use, health and safety, planning and
20-21 development, or other enforcement provisions specifically
20-22 authorized by law.
20-23 (c) If the commissioners court establishes a planning
20-24 commission, the commissioners court by order shall adopt reasonable
20-25 rules and procedures necessary to administer this subchapter.
20-26 (d) This subchapter does not grant a commissioners court or
20-27 a planning commission the power to regulate the use of property for
21-1 which a permit has been issued to engage in a federally licensed
21-2 activity.
21-3 Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.
21-4 (a) The commissioners court may appoint a planning commission
21-5 consisting of five members. Members are appointed for staggered
21-6 terms of two years.
21-7 (b) A person appointed as a member of the planning
21-8 commission must be a citizen of the United States and reside in the
21-9 county.
21-10 (c) The commissioners court shall file with the county clerk
21-11 a certificate of appointment for each commission member.
21-12 (d) The commissioners court shall fill any vacancy on the
21-13 commission.
21-14 (e) Before a planning commission member undertakes the
21-15 duties of the office, the member must:
21-16 (1) take the official oath; and
21-17 (2) swear in writing that the member will promote the
21-18 interest of the county as a whole and not only a private interest
21-19 or the interest of a special group or location in the county.
21-20 (f) A member of the planning commission serves at the
21-21 pleasure of the commissioners court and is subject to removal as
21-22 provided by Chapter 87.
21-23 Sec. 232.094. FINANCIAL DISCLOSURE. (a) A member of the
21-24 planning commission shall file a financial disclosure report in the
21-25 same manner as required for county officers under Subchapter B,
21-26 Chapter 159.
21-27 (b) If the commissioners court of the county in which the
22-1 planning commission member serves has not adopted a financial
22-2 disclosure reporting system under Subchapter B, Chapter 159, the
22-3 planning commission member shall file a financial disclosure report
22-4 in the same manner as required for county officers under Subchapter
22-5 A, Chapter 159.
22-6 Sec. 232.095. OFFICERS, QUORUM, AND MEETINGS. (a) At the
22-7 first meeting of each calendar year, the planning commission shall
22-8 elect a presiding officer and assistant presiding officer. The
22-9 presiding officer presides over the meetings and executes all
22-10 documentation required on behalf of the planning commission. The
22-11 assistant presiding officer represents the presiding officer during
22-12 the presiding officer's absence.
22-13 (b) There is no limitation on the number of terms a member
22-14 may serve on the commission.
22-15 (c) Minutes of the planning commission's proceedings must be
22-16 filed with the county clerk or other county officer or employee
22-17 designated by the commissioners court. The minutes of the planning
22-18 commission's proceedings are a public record.
22-19 (d) The planning commission is subject to Chapters 551 and
22-20 552, Government Code.
22-21 (e) The planning commission may adopt rules necessary to
22-22 administer this subchapter. Rules adopted under this subsection
22-23 are subject to approval by the commissioners court.
22-24 Sec. 232.096. TIMELY APPROVAL OF PLATS. (a) The planning
22-25 commission shall issue a written list of the documentation and
22-26 other information that must be submitted with a plat application.
22-27 The documentation or other information must relate to a requirement
23-1 authorized by law. An application submitted to the planning
23-2 commission that contains the documents and other information on the
23-3 list is considered complete.
23-4 (b) If a person submits an incomplete plat application to
23-5 the planning commission, the planning commission or its designee
23-6 shall, not later than the 15th business day after the date the
23-7 planning commission or its designee receives the application,
23-8 notify the applicant of the missing documents or other information.
23-9 The planning commission or its designee shall allow an applicant to
23-10 timely submit the missing documents or other information.
23-11 (c) An application is considered complete on the date all
23-12 documentation and other information required by Subsection (a) is
23-13 received by the planning commission.
23-14 (d) If the approval of the plat is within the exclusive
23-15 jurisdiction of the planning commission, the planning commission
23-16 shall take final action on a plat application, including the
23-17 resolution of all appeals, not later than the 60th day after the
23-18 date a completed plat application is received by the planning
23-19 commission.
23-20 (e) The time period prescribed by Subsection (d) may be
23-21 extended for:
23-22 (1) a reasonable period if requested by the applicant;
23-23 and
23-24 (2) an additional 60 days if the county is required
23-25 under Chapter 2007, Government Code, to perform a takings impact
23-26 assessment in connection with a plat submitted for approval.
23-27 (f) The planning commission may not compel an applicant to
24-1 waive the time limits prescribed by this section.
24-2 (g) If the planning commission fails to take final action on
24-3 the completed plat application as required by this section, the
24-4 applicant may apply to a district court in the county in which the
24-5 land is located for a mandamus order to compel the planning
24-6 commission to approve or disapprove the plat. A planning
24-7 commission subject to a mandamus order under this subsection shall
24-8 make a decision approving or disapproving the plat not later than
24-9 the 20th business day after the date a copy of the mandamus order
24-10 is served on the presiding officer of the planning commission. If
24-11 the planning commission approves the plat, the planning commission,
24-12 within the 20-day period prescribed by this subsection, shall:
24-13 (1) refund the greater of the unexpended portion of
24-14 any plat application fee or deposit or 50 percent of a plat
24-15 application fee or deposit that has been paid;
24-16 (2) determine the appropriate amount of any bond or
24-17 other financial guarantee required in connection with the plat
24-18 approval; and
24-19 (3) issue documents recognizing the plat's approval.
24-20 (h) Except as provided by this subsection, an approval of a
24-21 plat by the planning commission is final on the 31st day after the
24-22 date the planning commission votes to approve the plat. On the
24-23 request of a county commissioner, the commissioners court shall
24-24 review a plat approved by the planning commission not later than
24-25 the 30th day after the date the planning commission votes to
24-26 approve the plat. The commissioners court may disapprove the plat
24-27 if the plat fails to comply with state law or rules adopted by the
25-1 county or the planning commission. If the commissioners court
25-2 fails to take action within the 30-day period prescribed by this
25-3 subsection, the decision of the planning commission is final.
25-4 (i) In this section, "business day" means a day other than a
25-5 Saturday, Sunday, or holiday recognized by this state.
25-6 Sec. 232.097. REASONS FOR DISAPPROVAL OF PLAT REQUIRED. If
25-7 the planning commission refuses to approve a plat, the planning
25-8 commission shall provide to the person requesting approval a notice
25-9 specifying the reason for the disapproval.
25-10 SECTION 26. Subsections (a) and (c), Section 242.001, Local
25-11 Government Code, are amended to read as follows:
25-12 (a) This section applies only to a county operating under
25-13 Sections 232.001-232.005 or Subchapter B or C, Chapter 232.
25-14 (c) In the extraterritorial jurisdiction of a municipality,
25-15 the municipality may regulate subdivisions under Subchapter A of
25-16 Chapter 212 and other statutes applicable to municipalities, and
25-17 the county may regulate subdivisions under Sections
25-18 232.001-232.005, Subchapter B or C, Chapter 232, and other statutes
25-19 applicable to counties. If a municipal regulation conflicts with a
25-20 county regulation, the more stringent provisions prevail.
25-21 SECTION 27. Subsection (d), Section 12.002, Property Code,
25-22 is amended to read as follows:
25-23 (d) Except in the case of a subdivision located in a county
25-24 to which Subchapter B, Chapter 232 [an "affected county," as
25-25 defined by Section 232.021], Local Government Code, applies,
25-26 Subsection (c) does not apply to using a subdivision's description
25-27 in a contract to convey real property before the plat or replat of
26-1 the subdivision is approved and is filed for record with the county
26-2 clerk if:
26-3 (1) the conveyance is expressly contingent on approval
26-4 and recording of the final plat; and
26-5 (2) the purchaser is not given use or occupancy of the
26-6 real property conveyed before the recording of the final plat.
26-7 SECTION 28. Subchapter D, Chapter 5, Water Code, is amended
26-8 by adding Section 5.124 to read as follows:
26-9 Sec. 5.124. AUTHORITY TO AWARD GRANTS. (a) With the
26-10 consent of the commission, the executive director may award grants
26-11 for any purpose regarding resource conservation or environmental
26-12 protection in accordance with this section.
26-13 (b) The commission by rule shall establish procedures for
26-14 awarding a grant, for making any determination related to awarding
26-15 a grant, and for making grant payments.
26-16 (c) Each activity funded by a grant must directly relate to
26-17 a purpose specified in the grant. A grant may be awarded only for
26-18 a purpose consistent with the commission's jurisdiction and
26-19 purposes under law, including:
26-20 (1) the development or implementation of a
26-21 comprehensive conservation and management plan under Section 320,
26-22 Federal Water Pollution Control Act (33 U.S.C. Section 1330), for a
26-23 designated national estuary in this state;
26-24 (2) a demonstration project that involves new
26-25 techniques for pollution prevention, energy or resource
26-26 conservation, or waste management;
26-27 (3) an environmental purpose identified in a federal
27-1 grant that is intended as a pass-through grant;
27-2 (4) development or improvement of monitoring or
27-3 modeling techniques for water or air quality;
27-4 (5) support of a local air pollution program; or
27-5 (6) a study or program related to efforts to prevent
27-6 an area that is near nonattainment with federal air quality
27-7 standards from reaching nonattainment status.
27-8 (d) A grant may be awarded to any person that meets the
27-9 eligibility requirements of the grant. The executive director
27-10 shall establish eligibility requirements for each grant appropriate
27-11 to the purposes of and activities under the grant and the method of
27-12 selecting the recipient.
27-13 (e) Selection of grant recipients must be by solicitation of
27-14 a proposal or application except as provided by Subsections (f) and
27-15 (g). The executive director may specify any selection criterion
27-16 the executive director considers relevant to the grant. Selection
27-17 criteria must address:
27-18 (1) evaluation and scoring of:
27-19 (A) fiscal controls;
27-20 (B) project effectiveness;
27-21 (C) project cost; and
27-22 (D) previous experience with grants and
27-23 contracts; and
27-24 (2) the possibility and method of making multiple
27-25 awards.
27-26 (f) A grant may be made by direct award only if:
27-27 (1) the executive director determines that:
28-1 (A) selection of recipients by the solicitation
28-2 of proposals or applications is not feasible; and
28-3 (B) awarding the grant directly is in the best
28-4 interest of the state;
28-5 (2) eligibility for the grant is limited to:
28-6 (A) an agency or political subdivision of this
28-7 state or of another state;
28-8 (B) a state institution of higher learning of
28-9 this state or of another state, including any part or service of
28-10 the institution; or
28-11 (C) an agency of the United States; or
28-12 (3) the grant is awarded to a person established or
28-13 authorized to develop or implement a comprehensive conservation and
28-14 management plan under Section 320, Federal Water Pollution Control
28-15 Act (33 U.S.C. Section 1330), for a national estuary in this state.
28-16 (g) If a solicitation of a proposal is made for the purpose
28-17 of identifying a partner for a joint application for a federal
28-18 grant that is subsequently awarded to the commission, the executive
28-19 director is not required to make an additional solicitation for
28-20 entering into a pass-through grant with an identified partner.
28-21 (h) The executive director shall publish information
28-22 regarding a solicitation related to a grant to be awarded under
28-23 this section on the commission's electronic business daily in the
28-24 manner provided by Section 2155.074, Government Code, as added by
28-25 Section 1, Chapter 508, Acts of the 75th Legislature, Regular
28-26 Session, 1997.
28-27 (i) For a grant awarded under this section, the commission
29-1 may use:
29-2 (1) money appropriated for grant-making purposes;
29-3 (2) federal money granted for making pass-through
29-4 grants; and
29-5 (3) state or federal grant money appropriated for a
29-6 purpose that the executive director determines is consistent with a
29-7 purpose of the grant from the commission.
29-8 SECTION 29. Subdivision (26), Section 13.002, Water Code, is
29-9 amended to read as follows:
29-10 (26) "Affected county" is a county to which Subchapter
29-11 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
29-12 Government Code, applies.
29-13 SECTION 30. Section 13.241, Water Code, is amended by adding
29-14 Subsection (e) to read as follows:
29-15 (e) The commission by rule shall develop a standardized
29-16 method for determining under Section 13.246(f) which of two or more
29-17 retail public utilities or water supply or sewer service
29-18 corporations that apply for a certificate of public convenience and
29-19 necessity to provide water or sewer utility service to an
29-20 uncertificated area located in an economically distressed area is
29-21 more capable financially, managerially, and technically of
29-22 providing continuous and adequate service. In this subsection,
29-23 "economically distressed area" has the meaning assigned by Section
29-24 15.001.
29-25 SECTION 31. Section 13.246, Water Code, is amended by
29-26 amending Subsection (e) and adding Subsections (f) and (g) to read
29-27 as follows:
30-1 (e) Where applicable, in addition to the other factors in
30-2 this section the commission shall consider the efforts of the
30-3 applicant:
30-4 (1) to extend service to any economically distressed
30-5 areas located within the service areas certificated to the
30-6 applicant; and
30-7 (2) to enforce the rules adopted under Section 16.343.
30-8 [For the purposes of this subsection, "economically distressed
30-9 area" has the meaning assigned by Section 15.001.]
30-10 (f) If two or more retail public utilities or water supply
30-11 or sewer service corporations apply for a certificate of public
30-12 convenience and necessity to provide water or sewer utility service
30-13 to an uncertificated area located in an economically distressed
30-14 area and otherwise meet the requirements for obtaining a new
30-15 certificate, the commission shall grant the certificate to the
30-16 retail public utility or water supply or sewer service corporation
30-17 that is more capable financially, managerially, and technically of
30-18 providing continuous and adequate service.
30-19 (g) In this section, "economically distressed area" has the
30-20 meaning assigned by Section 15.001.
30-21 SECTION 32. Section 15.407, Water Code, is amended by adding
30-22 new Subsections (c) and (d), relettering existing Subsections (c),
30-23 (d), (e), (f), and (g) as Subsections (e), (f), (g), (h), and (i),
30-24 and adding Subsection (j) to read as follows:
30-25 (c) The selection process used by a political subdivision to
30-26 procure engineering services necessary for facility engineering is
30-27 subject to review by and approval of the executive administrator.
31-1 The executive administrator may assist a political subdivision in
31-2 the selection of the provider of engineering services necessary for
31-3 facility engineering in economically distressed areas.
31-4 (d) The board shall adopt rules governing the procurement of
31-5 facility engineering services by a political subdivision awarded
31-6 funds under this subchapter and may adopt other rules necessary to
31-7 carry out the board's powers and duties under this subchapter.
31-8 (e) A political subdivision that desires money from the
31-9 research and planning fund for facility engineering in an
31-10 economically distressed area shall submit a written application to
31-11 the board in the manner and form required by board rules.
31-12 (f) [(d)] The application shall include:
31-13 (1) the name of the political subdivision;
31-14 (2) a citation to the laws under which the political
31-15 subdivision was created and is operating;
31-16 (3) the amount requested from the board for facility
31-17 engineering in an economically distressed area; and
31-18 (4) any other information required by the board in its
31-19 rules or specifically requested by the board.
31-20 (g) [(e)] After notice and hearing, the board may award the
31-21 applicant all or part of the requested funds that are considered
31-22 necessary by the board for the political subdivision to carry out
31-23 adequate facility engineering in an economically distressed area.
31-24 (h) [(f)] If the board grants an application under this
31-25 section and awards funds for facility engineering in an
31-26 economically distressed area, the board shall enter into a contract
31-27 with the political subdivision that includes:
32-1 (1) a detailed statement of the purpose for which the
32-2 money is to be used;
32-3 (2) the total amount of money to be paid from the
32-4 research and planning fund under the contract; and
32-5 (3) any other terms and conditions required by board
32-6 rules or agreed to by the contracting parties.
32-7 (i) [(g)] If, after submission of an application under this
32-8 section, a county has an increase in average per capita income or a
32-9 decrease in unemployment rate average so that the county no longer
32-10 meets the definition of an affected county in Section 16.341, the
32-11 political subdivision that submits the application continues to be
32-12 eligible for the funds under this section, and the board shall
32-13 process the application for facility engineering and, if the
32-14 application is approved, shall provide funds for the facility
32-15 engineering plan to the political subdivision.
32-16 (j) If the board determines that planning activities
32-17 undertaken by a political subdivision for which the board has
32-18 committed funds under this subchapter have been inadequate or not
32-19 completed in a timely manner, the board may terminate the contract
32-20 with the political subdivision and on behalf of and in consultation
32-21 with the political subdivision may perform or contract for facility
32-22 engineering in the economically distressed area.
32-23 SECTION 33. Section 16.341(2), Water Code, is amended to
32-24 read as follows:
32-25 (2) "Economically distressed area" means an area in
32-26 which:
32-27 (A) water supply or sewer services are
33-1 inadequate to meet minimal needs of residential users as defined by
33-2 board rules;
33-3 (B) financial resources are inadequate to
33-4 provide water supply or sewer services that will satisfy those
33-5 needs; and
33-6 (C) an established residential subdivision was
33-7 located [80 percent of the dwellings covered by an application for
33-8 funds or financial assistance were occupied] on June 1, 1989, as
33-9 determined by the board.
33-10 SECTION 34. Subsection (a), Section 16.343, Water Code, is
33-11 amended to read as follows:
33-12 (a) The board [Texas Natural Resource Conservation
33-13 Commission] shall, [in conjunction with the board and] after
33-14 consultation with the attorney general and the commission, prepare
33-15 and adopt model rules to assure that minimum standards for safe and
33-16 sanitary water supply and sewer services in residential areas of
33-17 political subdivisions, including rules of any state agency
33-18 relating to septic tanks and other waste disposal systems, are met.
33-19 SECTION 35. Subsection (b), Section 16.345, Water Code, is
33-20 amended to read as follows:
33-21 (b) In addition to any other authority to issue bonds or
33-22 other obligations or incur any debt, an affected county or another
33-23 [a] political subdivision, other than a nonprofit water supply
33-24 corporation, eligible for financial assistance under Subchapter K,
33-25 Chapter 17, of this code may issue bonds payable from and secured
33-26 by a pledge of the revenues derived or to be derived from the
33-27 operation of water supply or sewer service systems for the purpose
34-1 of acquiring, constructing, improving, extending, or repairing
34-2 water supply or sewer facilities. The bonds shall be issued in
34-3 accordance with and an affected county or another [a] political
34-4 subdivision may exercise the powers granted by: Articles 1111
34-5 through 1118, Revised Statutes; Chapters 249 and 250, Acts of the
34-6 51st Legislature, Regular Session, 1949 (Articles 1111a and 1111b,
34-7 Vernon's Texas Civil Statutes); Chapter 428, Acts of the 52nd
34-8 Legislature, 1951 (Article 1111c, Vernon's Texas Civil Statutes);
34-9 Chapter 122, Acts of the 43rd Legislature, Regular Session, 1933
34-10 (Articles 1114a, 1114b, and 1114c, Vernon's Texas Civil Statutes);
34-11 and Chapter 56, Acts of the 45th Legislature, 2nd Called Session,
34-12 1937 (Article 1114d, Vernon's Texas Civil Statutes); by the Bond
34-13 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
34-14 Statutes); by Chapter 656, Acts of the 68th Legislature, Regular
34-15 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes); and by
34-16 other laws of the state.
34-17 SECTION 36. Subchapter J, Chapter 16, Water Code, is amended
34-18 by adding Sections 16.352, 16.353, 16.3535, 16.354, and 16.3545 to
34-19 read as follows:
34-20 Sec. 16.352. ENFORCEMENT OF RULES. A person who violates a
34-21 rule adopted by a municipality or county under this subchapter or
34-22 under Subchapter B or C, Chapter 232, Local Government Code, is
34-23 liable to the municipality or county for a civil penalty of not
34-24 less than $500 and not more than $1,000 for each violation and for
34-25 each day of a violation. The maximum civil penalty that may accrue
34-26 each day is $5,000. The appropriate attorney representing the
34-27 municipality or county may sue to collect the penalty. The
35-1 recovered penalty shall be deposited in the general fund of the
35-2 municipality or county.
35-3 Sec. 16.353. INJUNCTION. (a) In addition to any other
35-4 remedy, the attorney general, the municipal attorney of the
35-5 municipality in which a violation under Section 16.352 occurs, or
35-6 the county or district attorney of the county in which a violation
35-7 under Section 16.352 occurs may apply to a district court for, and
35-8 the district court may grant, the state or the political
35-9 subdivision an appropriate prohibitory or mandatory order,
35-10 including a temporary restraining order or a temporary or permanent
35-11 injunction, enjoining a violation of this subchapter, the rules
35-12 described by Section 16.352, or Subchapter B or C, Chapter 232,
35-13 Local Government Code.
35-14 (b) An injunction issued under this section may be issued
35-15 without the requirement of a bond or other undertaking.
35-16 Sec. 16.3535. DAMAGES. In addition to any other remedy, the
35-17 attorney general, the municipal attorney of the municipality in
35-18 which a violation under Section 16.352 occurs, or the county or
35-19 district attorney of the county in which a violation under Section
35-20 16.352 occurs may apply to a district court for, and the district
35-21 court may grant, monetary damages to cover the cost of enforcing
35-22 this subchapter, rules adopted under this subchapter, or Subchapter
35-23 B or C, Chapter 232, Local Government Code.
35-24 Sec. 16.354. ATTORNEY GENERAL ENFORCEMENT. In addition to
35-25 the ability of any political subdivision to enforce this
35-26 subchapter, the attorney general may file suit to:
35-27 (1) enforce a rule adopted under Section 16.350;
36-1 (2) recover a civil penalty under Section 16.352;
36-2 (3) obtain injunctive relief under Section 16.353;
36-3 (4) recover damages under Section 16.3535;
36-4 (5) enforce a political subdivision's rules, recover
36-5 any penalty, recover any damages, and obtain any injunctive relief;
36-6 or
36-7 (6) recover attorney's fees, investigative costs, and
36-8 court costs.
36-9 Sec. 16.3545. VENUE. A suit brought under this subchapter
36-10 for injunctive relief or the recovery of a civil penalty or damages
36-11 may be brought in a district court in:
36-12 (1) the county in which the defendant resides;
36-13 (2) the county in which the alleged violation or
36-14 threat of violation occurs; or
36-15 (3) Travis County.
36-16 SECTION 37. Subchapter J, Chapter 16, Water Code, is amended
36-17 by adding Section 16.356 to read as follows:
36-18 Sec. 16.356. USE OF REVENUE FROM OPERATION OF WATER SUPPLY
36-19 OR SEWER SERVICE PROJECTS. (a) A political subdivision that
36-20 receives financial assistance from the economically distressed
36-21 areas program under Subchapter K, Chapter 17, may not use any
36-22 revenue received from fees collected from a water supply or sewer
36-23 service constructed in whole or in part from funds from the
36-24 economically distressed areas program account for purposes other
36-25 than utility purposes. The annual financial statement prepared by
36-26 a municipality under Section 103.001, Local Government Code, must
36-27 include a specific report on compliance with this section.
37-1 (b) At the request of the board or on the attorney general's
37-2 own initiative, the attorney general may file suit to enjoin an
37-3 actual or threatened violation of this section.
37-4 SECTION 38. Section 17.921(1), Water Code, is amended to
37-5 read as follows:
37-6 (1) "Economically distressed area" means an area in
37-7 which:
37-8 (A) water supply or sewer services are
37-9 inadequate to meet minimal needs of residential users as defined by
37-10 board rules;
37-11 (B) financial resources are inadequate to
37-12 provide water supply or sewer services that will satisfy those
37-13 needs; and
37-14 (C) an established residential subdivision was
37-15 located [the percentage of the dwellings occupied] on June 1, 1989,
37-16 as determined by the board [to be served by financial assistance
37-17 under this subchapter was at least:]
37-18 [(i) 80 percent; or]
37-19 [(ii) 50 percent, if the services provided
37-20 by financial assistance under this subchapter can be provided by
37-21 common or regional facilities in a cost-effective manner in
37-22 conjunction with service provided to an economically distressed
37-23 area as determined under the other provisions of this subdivision].
37-24 SECTION 39. Subsection (b), Section 17.927, Water Code, is
37-25 amended to read as follows:
37-26 (b) The application and plan must:
37-27 (1) comply with board requirements;
38-1 (2) describe in detail the method for delivering water
38-2 supply and sewer services and the persons to whom the services will
38-3 be provided;
38-4 (3) describe the method for complying with minimum
38-5 state standards for water supply and sewer services adopted by the
38-6 board under Section 16.342 of this code;
38-7 (4) include a budget that estimates the total cost of
38-8 providing water supply and sewer services to the economically
38-9 distressed area and a proposed schedule and method for repayment of
38-10 financial assistance consistent with board rules and guidelines;
38-11 (5) describe existing water supply and sewer
38-12 facilities located in the economically distressed area and include
38-13 with the description:
38-14 (A) the county map required by Section 366.036,
38-15 Health and Safety Code; or
38-16 (B) a document prepared and certified by an
38-17 engineer registered to practice in this state describing the plan
38-18 for providing water supply and sewer services to the economically
38-19 distressed area;
38-20 (6) provide proof that the appropriate political
38-21 subdivision has adopted the model rules developed under Section
38-22 16.343 of this code;
38-23 (7) include information on the ability of potential
38-24 customers to pay for the services provided by the project including
38-25 composite data prepared by the applicant pursuant to board rules
38-26 and guidelines from surveys of those potential customers covering
38-27 income, family size, personal expenses, employment status, and
39-1 other information required by board rule;
39-2 (8) include an estimate of the per household cost of
39-3 providing the services contemplated by the project with supporting
39-4 data;
39-5 (9) describe the procedures to be used to collect
39-6 money from residents who use the proposed water supply and sewer
39-7 services including procedures for collection of delinquent
39-8 accounts;
39-9 (10) include a requirement that a contractor who
39-10 agrees to acquire, construct, extend, or provide water supply and
39-11 sewer services executes a performance bond in the amount of 100
39-12 percent of the contract price;
39-13 (11) contain an agreement to comply with applicable
39-14 procurement procedures in contract awards for water supply and
39-15 sewer services;
39-16 (12) if located in the service area of a retail public
39-17 utility or public utility that has a certificate of public
39-18 convenience and necessity under Chapter 13 of this code, include a
39-19 document in the form of an affidavit signed by the chief executive
39-20 officer of the utility, which shall cooperate with the political
39-21 subdivision, stating that the utility does not object to the
39-22 construction and operation of the services and facilities in its
39-23 service area;
39-24 (13) include a map of the economically distressed area
39-25 together with supporting information relating to dwellings in the
39-26 area;
39-27 (14) describe in detail the methods for incorporating
40-1 water conservation into the provision of water and sewer services
40-2 to the economically distressed area; [and]
40-3 (15) include, on request of the board, a written
40-4 determination by the commission on the managerial, financial, and
40-5 technical capacity of the applicant to operate the system for which
40-6 assistance is being requested; and
40-7 (16) include any other information required by the
40-8 board.
40-9 SECTION 40. Subsections (b) and (c), Section 17.930, Water
40-10 Code, are amended to read as follows:
40-11 (b) After making the considerations provided by Section
40-12 17.929 of this code, the board by resolution shall:
40-13 (1) approve [or disapprove] the plan and application
40-14 as submitted;
40-15 (2) approve the plan and application subject to the
40-16 requirements identified by the commission for the applicant to
40-17 obtain the managerial, financial, and technical capacity to operate
40-18 the system and any other requirements the board considers
40-19 appropriate;
40-20 (3) deny the application and identify the requirements
40-21 or remedial steps the applicant must complete before the applicant
40-22 may be reconsidered for financial assistance;
40-23 (4) if the board finds that the applicant will be
40-24 unable to obtain the managerial, financial, or technical capacity
40-25 to build and operate a system, deny the application and issue a
40-26 determination that a service provider other than the applicant is
40-27 necessary or appropriate to undertake the proposed project; or
41-1 (5) deny the application.
41-2 (c) The board [and] shall notify the applicant in writing of
41-3 its decision.
41-4 (d) [(c)] The board may require the applicant to provide
41-5 local funds in an amount approved by the board under this
41-6 subchapter, and the board shall provide the remaining funds from
41-7 the economically distressed areas account.
41-8 SECTION 41. Section 17.933(b), Water Code, is amended to
41-9 read as follows:
41-10 (b) In providing financial assistance to an applicant under
41-11 this subchapter, the board may not provide to the applicant
41-12 financial assistance for which repayment is not required in an
41-13 amount that exceeds 50 percent of the total amount of the financial
41-14 assistance plus interest on any amount that must be repaid, unless
41-15 the Texas Department of Health [commission] issues a finding that a
41-16 nuisance dangerous to the public health and safety exists resulting
41-17 from water supply and sanitation problems in the area to be served
41-18 by the proposed project. The board and the applicant shall provide
41-19 to the Texas Department of Health [commission] information
41-20 necessary to make a determination, and the board and the Texas
41-21 Department of Health [commission] may enter into necessary
41-22 memoranda of understanding to carry out this subsection.
41-23 SECTION 42. Subdivision (20), Section 26.001, Water Code, as
41-24 added by Section 23, Chapter 979, Acts of the 74th Legislature,
41-25 Regular Session, 1995, is amended to read as follows:
41-26 (20) "Affected county" is a county to which Subchapter
41-27 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
42-1 Government Code, applies.
42-2 SECTION 43. Subdivision (26), Section 26.001, Water Code, as
42-3 added by Section 24, Chapter 979, Acts of the 74th Legislature,
42-4 Regular Session, 1995, is amended to read as follows:
42-5 (26) "Affected county" is a county to which Subchapter
42-6 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
42-7 Government Code, applies.
42-8 SECTION 44. Title 7, Government Code, is amended by adding
42-9 Chapter 775 to read as follows:
42-10 CHAPTER 775. COORDINATION OF COLONIA INITIATIVES
42-11 Sec. 775.001. DEFINITIONS. In this chapter:
42-12 (1) "Agency" means a state office, institution, or
42-13 other state governmental entity.
42-14 (2) "Colonia" means a geographic area that:
42-15 (A) is an economically distressed area as
42-16 defined by Section 17.921, Water Code; and
42-17 (B) is located in a county any part of which is
42-18 within 50 miles of an international border.
42-19 Sec. 775.002. INTERAGENCY COORDINATION OF COLONIA
42-20 INITIATIVES. (a) The governor may designate an agency to act as
42-21 the state's colonia initiatives coordinator.
42-22 (b) If appointed under Subsection (a), the colonia
42-23 initiatives coordinator shall coordinate colonia initiatives within
42-24 the agency and with the other agencies and local officials involved
42-25 in colonia projects in the state.
42-26 (c) The colonia initiatives coordinator may work with the
42-27 other agencies and local officials involved in colonia projects in
43-1 the state to:
43-2 (1) coordinate efforts to address colonia issues;
43-3 (2) identify nonprofit self-help groups to help with
43-4 colonia initiatives;
43-5 (3) set goals for each state fiscal year for colonia
43-6 initiatives in the state, including goals to:
43-7 (A) address easement problems; and
43-8 (B) ensure that water and wastewater connections
43-9 are extended from distribution lines to houses located in colonias;
43-10 and
43-11 (4) ensure that the goals set under this subsection
43-12 are met each state fiscal year.
43-13 (d) The following agencies shall designate an officer or
43-14 employee of the agency to serve as the agency's liaison for colonia
43-15 initiatives:
43-16 (1) the office of the attorney general;
43-17 (2) the Texas Department of Health;
43-18 (3) the Texas Department of Housing and Community
43-19 Affairs;
43-20 (4) the Texas Natural Resource Conservation
43-21 Commission; and
43-22 (5) the Texas Water Development Board.
43-23 (e) Each agency's liaison for colonia initiatives under
43-24 Subsection (d) must be a deputy executive director or a person of
43-25 equivalent or higher authority at the agency. This subsection does
43-26 not authorize the creation of a new position for colonia
43-27 coordination at a state agency.
44-1 Sec. 775.003. COLONIA OMBUDSMAN PROGRAM. The colonia
44-2 initiatives coordinator may appoint a colonia ombudsman in each of
44-3 the six border counties that the coordinator determines have the
44-4 largest colonia populations.
44-5 SECTION 45. Section 3, The Plumbing License Law (Article
44-6 6243-101, Vernon's Texas Civil Statutes), is amended to read as
44-7 follows:
44-8 Sec. 3. ACTS PERMITTED WITHOUT A LICENSE. (a) The
44-9 following acts, work and conduct shall be expressly permitted
44-10 without license:
44-11 (1) [(a)] Plumbing work done by a property owner in a
44-12 building owned or occupied by him as his homestead;
44-13 (2) [(b)] Plumbing work done outside the municipal
44-14 limits of any organized city, town or village in this state, or
44-15 within any such city, town or village of less than five thousand
44-16 (5,000) inhabitants, unless required by ordinance in such city,
44-17 town or village of less than five thousand (5,000) inhabitants;
44-18 (3) [(c)] Plumbing work done by anyone who is
44-19 regularly employed as or acting as a maintenance man or maintenance
44-20 engineer, incidental to and in connection with the business in
44-21 which he is employed or engaged, and who does not engage in the
44-22 occupation of a plumber for the general public; construction,
44-23 installation and maintenance work done upon the premises or
44-24 equipment of a railroad by an employee thereof who does not engage
44-25 in the occupation of a plumber for the general public; and plumbing
44-26 work done by persons engaged by any public service company in the
44-27 laying, maintenance and operation of its service mains or lines to
45-1 the point of measurement and the installation, alteration,
45-2 adjustment, repair, removal and renovation of all types of
45-3 appurtenances, equipment and appliances, including doing all that
45-4 is necessary to render the appliances useable or serviceable;
45-5 appliance installation and service work done by anyone who is an
45-6 appliance dealer or is employed by an appliance dealer, and acting
45-7 as an appliance installation man or appliance service man in
45-8 connecting appliances to existing piping installations; water
45-9 treatment installations, exchanges, services, or repairs.
45-10 Provided, however, that all work and service herein named or
45-11 referred to shall be subject to inspection and approval in
45-12 accordance with the terms of all local valid city or municipal
45-13 ordinances;
45-14 (4) [(d)] Plumbing work done by an [a licensed]
45-15 irrigator licensed under Chapter 34, Water Code, or an [licensed]
45-16 installer licensed under Chapter 33, Water Code [when working and
45-17 licensed under Chapter 197, Acts of the 66th Legislature, Regular
45-18 Session, 1979 (Article 8751, Vernon's Texas Civil Statutes)]. A
45-19 person holding a valid license from the Texas State Board of
45-20 Plumbing Examiners shall not be required to be licensed by any
45-21 other board or agency when installing or working on a lawn
45-22 irrigation system;
45-23 (5) [(e)] Plumbing work done by an LP Gas installer
45-24 when working and licensed under Chapter 113, Natural Resources
45-25 Code, as amended;
45-26 (6) Plumbing work, limited to the provision of a
45-27 residential potable water supply or residential sanitary sewer
46-1 connections, for a project in a geographic area that is located in
46-2 a county any part of which is within 50 miles of an international
46-3 border that is done by an organization that:
46-4 (A) is certified by the Texas Natural Resource
46-5 Conservation Commission to provide "self-help" project assistance;
46-6 and
46-7 (B) provides the board with the following
46-8 information before the 30th day before the date the project begins:
46-9 (i) a specific project location;
46-10 (ii) the intended duration of the project;
46-11 and
46-12 (iii) other information the board may
46-13 require.
46-14 (b) Any failure by an organization to meet the requirements
46-15 of Subsection (a)(6) of this section, including the requirement to
46-16 obtain certification from the Texas Natural Resource Conservation
46-17 Commission under Subsection (a)(6)(A) of this section or the
46-18 requirement to provide a report to the board under Subsection
46-19 (a)(6)(B) of this section:
46-20 (1) invalidates the exception granted under Subsection
46-21 (a)(6) of this section for the plumbing work performed by that
46-22 organization in relation to the specific project on which the
46-23 plumbing work is performed; and
46-24 (2) makes any unlicensed individual or entity that
46-25 performs the plumbing work for that project subject to all
46-26 penalties ordinarily available to the board against an individual
46-27 or entity that performs plumbing work without a license.
47-1 (c) The board may provide training to an organization that
47-2 provides "self-help" project assistance under Subsection (a)(6) of
47-3 this section.
47-4 SECTION 46. On or before November 1, 1999, the agencies
47-5 designated by Subsection (d), Section 775.002, Government Code, as
47-6 added by this Act, shall designate an officer or employee to serve
47-7 as that agency's colonia initiative liaison as provided by that
47-8 section.
47-9 SECTION 47. (a) The changes in law made by Section 5.124,
47-10 Water Code, as added by this Act, apply only to a grant made by the
47-11 Texas Natural Resource Conservation Commission on or after the
47-12 effective date of this Act and to a grant being considered by the
47-13 Texas Natural Resource Conservation Commission on the effective
47-14 date of this Act.
47-15 (b) The changes in law made by Section 5.124, Water Code, as
47-16 added by this Act, do not affect the validity of or apply to a
47-17 grant the Texas Natural Resource Conservation Commission made
47-18 before the effective date of this Act.
47-19 (c) The Texas Natural Resource Conservation Commission may
47-20 award a grant that, on the effective date of this Act, is being
47-21 considered under, or for which a solicitation for proposals has
47-22 been issued or an application has been received under, authority
47-23 other than Section 5.124, Water Code, as added by this Act:
47-24 (1) under the other authority without regard to the
47-25 requirements of Section 5.124, Water Code; or
47-26 (2) under the authority of Section 5.124, Water Code,
47-27 notwithstanding that the grant was considered, the solicitation was
48-1 issued, or the application was received under the other authority.
48-2 SECTION 48. The changes in law made by this Act to Sections
48-3 13.241 and 13.246, Water Code, apply only to an application for a
48-4 new certificate of public convenience and necessity filed on or
48-5 after the effective date of this Act. An application for a new
48-6 certificate of public convenience and necessity filed before the
48-7 effective date of this Act is governed by the law in effect on the
48-8 date the application was filed, and that law is continued in effect
48-9 for that purpose.
48-10 SECTION 49. The changes in law made by this Act to Sections
48-11 15.407, 17.927, and 17.930, Water Code, apply only to:
48-12 (1) an application for assistance under those
48-13 provisions that is pending before or submitted to the Texas Water
48-14 Development Board on or after September 1, 1999; and
48-15 (2) a contract under Section 15.407, Water Code,
48-16 regardless of the date the contract was made.
48-17 SECTION 50. (a) The change in law made by this Act by
48-18 adding Section 16.352, Water Code, applies only to the violation of
48-19 a rule adopted by a municipality or county under Subchapter J,
48-20 Chapter 16, Water Code, or Section 232.030, Local Government Code,
48-21 that occurs on or after the effective date of this Act. For
48-22 purposes of this section, a violation occurs before the effective
48-23 date of this Act if any element of the violation occurs before that
48-24 date.
48-25 (b) A violation of a rule adopted by a municipality or
48-26 county under Subchapter J, Chapter 16, Water Code, or Section
48-27 232.030, Local Government Code, that occurs before the effective
49-1 date of this Act is governed by the law in effect when the
49-2 violation occurred, and the former law is continued in effect for
49-3 that purpose.
49-4 SECTION 51. The change in law made by Section 16.356, Water
49-5 Code, as added by this Act, applies only to a political subdivision
49-6 subject to that section beginning on the first day of the fiscal
49-7 year of the political subdivision that begins on or after the
49-8 effective date of this Act.
49-9 SECTION 52. This Act takes effect September 1, 1999.
49-10 SECTION 53. The importance of this legislation and the
49-11 crowded condition of the calendars in both houses create an
49-12 emergency and an imperative public necessity that the
49-13 constitutional rule requiring bills to be read on three several
49-14 days in each house be suspended, and this rule is hereby suspended.