By Lucio S.B. No. 1421
76R8967 PAM/CAG/DB-D
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 232.021(1), Local Government Code, is
1-7 amended to read as follows:
1-8 (1) "Affected county" means a county:
1-9 (A) that has a per capita income that averaged
1-10 25 percent below the state average for the most recent three
1-11 consecutive years for which statistics are available and an
1-12 unemployment rate that averaged 25 percent above the state average
1-13 for the most recent three consecutive years for which statistics
1-14 are available; or [and]
1-15 (B) any part of which is within 50 miles of an
1-16 international border.
1-17 SECTION 2. Section 232.022, Local Government Code, is
1-18 amended to read as follows:
1-19 Sec. 232.022. APPLICABILITY. (a) This subchapter applies
1-20 only to land that is subdivided into two [four] or more lots that
1-21 are intended primarily for residential use in the jurisdiction of
1-22 an affected county. A lot is presumed to be intended for
1-23 residential use if the lot is five acres or less. This subchapter
1-24 does not apply if the subdivision is incident to the conveyance of
2-1 the land as a gift between persons related to each other within the
2-2 third degree by affinity or consanguinity, as determined under
2-3 Chapter 573, Government Code.
2-4 (b) For purposes of this section, land is considered to be
2-5 in the jurisdiction of a county if the land is located in the
2-6 county and[,] outside the corporate limits of municipalities[, and
2-7 outside the extraterritorial jurisdiction of municipalities, as
2-8 determined under Chapter 42].
2-9 SECTION 3. Section 232.024, Local Government Code, is
2-10 amended by adding Subsection (d) to read as follows:
2-11 (d) The commissioners court of the county in which the land
2-12 is located may establish a planning commission as provided by
2-13 Subchapter D.
2-14 SECTION 4. Subchapter B, Chapter 232, Local Government Code,
2-15 is amended by adding Section 232.0261 to read as follows:
2-16 Sec. 232.0261. SPECIAL EXCEPTION OR VARIANCE TO REQUIREMENTS
2-17 FOR PROVISION OF WATER AND SEWER SERVICES. (a) On the request of
2-18 a subdivider or resident purchaser, the commissioners court by
2-19 order:
2-20 (1) may describe the circumstances in which a special
2-21 exception to the requirements for the provision of water and sewer
2-22 services is available to a lot in a subdivision; and
2-23 (2) may grant the special exception in a specific case
2-24 if the commissioners court finds that:
2-25 (A) the specific case fits within the special
2-26 exception;
2-27 (B) the grant of the special exception promotes
3-1 justice;
3-2 (C) the grant of the special exception is not
3-3 contrary to the public interest; and
3-4 (D) the grant of the special exception is
3-5 consistent with the general purpose of this subchapter.
3-6 (b) On the request of a subdivider or resident purchaser,
3-7 the commissioners court by order may authorize in a specific case
3-8 not covered by a special exception under Subsection (a) a variance
3-9 from the requirements for the provision of water and sewer services
3-10 if the commissioners court:
3-11 (1) makes the same findings in connection with the
3-12 specific case that it makes in connection with a special exception
3-13 under Subsection (a)(2); and
3-14 (2) finds that because of special conditions a literal
3-15 enforcement of the requirements for the provision of water and
3-16 sewer services would result in an unnecessary hardship.
3-17 (c) The commissioners court shall keep a record of its
3-18 proceedings under this section and must include in the record
3-19 documentation of the reasons for each decision made under this
3-20 section.
3-21 (d) If the commissioners court grants a special exception or
3-22 variance under this section, the commissioners court shall notify
3-23 the attorney general of the special exception or variance and the
3-24 reason for the special exception or variance. The attorney general
3-25 shall notify other state agencies having enforcement power over
3-26 subdivisions in affected counties as appropriate.
3-27 SECTION 5. Sections 232.029(c) and (e), Local Government
4-1 Code, are amended to read as follows:
4-2 (c) An electric, gas, water, or sewer service utility may
4-3 serve or connect subdivided land with water, sewer, electricity,
4-4 gas, or other utility service regardless of whether the utility
4-5 receives a certificate issued by the commissioners court under
4-6 Section 232.028(a) or receives a determination from the
4-7 commissioners court under Section 232.028(b) if the utility is
4-8 provided with a certificate issued by the commissioners court that
4-9 states that:
4-10 (1) before July 1, 1995, the subdivided land was sold
4-11 or conveyed to the person requesting service by any means of
4-12 conveyance, including a contract for deed or executory contract;
4-13 and
4-14 (2) the land is located in a subdivision in which the
4-15 utility has previously provided service[; and]
4-16 [(3) construction of a residence on the land,
4-17 evidenced by at least the existence of a completed foundation, was
4-18 begun on or before May 1, 1997].
4-19 (e) A person requesting service may obtain a certificate
4-20 under Subsection (c) only if the person provides to the
4-21 commissioners court either:
4-22 (1) a copy of the means of conveyance or other
4-23 documents that show that the land was sold or conveyed to the
4-24 person requesting service before July 1, 1995[, and a notarized
4-25 affidavit by that person that states that construction of a
4-26 residence on the land, evidenced by at least the existence of a
4-27 completed foundation, was begun on or before May 1, 1997]; or
5-1 (2) a notarized affidavit by the person requesting
5-2 service that states that the property was sold or conveyed to that
5-3 person before July 1, 1995[, and that construction of a residence
5-4 on the land, evidenced by at least the existence of a completed
5-5 foundation, was begun on or before May 1, 1997].
5-6 SECTION 6. Section 232.030(b), Local Government Code, is
5-7 amended to read as follows:
5-8 (b) Except as provided by Section 16.350(d), Water Code, or
5-9 Section 232.0261 or 232.042, the commissioners court may not grant
5-10 a variance or adopt regulations that waive any requirements of this
5-11 subchapter.
5-12 SECTION 7. Subchapter B, Chapter 232, Local Government Code,
5-13 is amended by adding Section 232.0305 to read as follows:
5-14 Sec. 232.0305. COUNTY INSPECTOR. (a) The commissioners
5-15 court may employ one or more county inspectors to inspect
5-16 subdivisions to ensure compliance with the subdivision regulations
5-17 adopted under this subchapter, Section 16.343, Water Code, or other
5-18 law.
5-19 (b) The commissioners court may impose a fee on a subdivider
5-20 of property under this subchapter for an inspection conducted under
5-21 this section in relation to that property. The collected fees may
5-22 be used only to fund the inspection system under this section.
5-23 SECTION 8. Section 232.042, Local Government Code, is
5-24 amended by amending Subsections (a), (b), and (c) and by adding
5-25 Subsection (f) to read as follows:
5-26 (a) On request of a subdivider or resident purchaser, the
5-27 commissioners court may grant a delay or a variance from compliance
6-1 with the platting requirements of Section 232.023 or the replatting
6-2 requirements of Section 232.040 as provided by this section.
6-3 (b) The commissioners court may grant a delay of two years
6-4 for compliance with Section 232.040 if the reason for the delay is
6-5 to install utilities. A subdivider or other person seeking to plat
6-6 or replat the subdivision may apply for one renewal of a delay
6-7 under this subsection. To obtain an initial delay under this
6-8 subsection, a subdivider or other person seeking to plat or replat
6-9 the subdivision must:
6-10 (1) identify the affected utility providers;
6-11 (2) provide the terms and conditions on which service
6-12 may be provided; and
6-13 (3) provide a certified letter from each utility
6-14 provider stating that it has the right to serve the area and it
6-15 will serve the area.
6-16 (c) The commissioners court may grant a delay or a variance
6-17 from the requirements of Section 232.040 for a reason other than a
6-18 reason described by Subsection (b) if it is shown that compliance
6-19 would be impractical or would be contrary to the health and safety
6-20 of residents of the subdivision. The commissioners court must
6-21 issue written findings stating the reasons why compliance is
6-22 impractical.
6-23 (f) The commissioners court may grant a delay or variance
6-24 from compliance with the platting requirements of Section 232.023
6-25 only if the subdivision for which the delay or variance is sought
6-26 has been occupied or developed before the platting to an extent
6-27 that makes compliance with certain platting provisions impractical.
7-1 The commissioners court must issue written findings stating the
7-2 reasons why compliance is impractical.
7-3 SECTION 9. Section 232.073, Local Government Code, is
7-4 amended to read as follows:
7-5 Sec. 232.073. APPROVAL BY COUNTY REQUIRED. (a) A plat
7-6 filed under Section 232.072 is not valid unless the commissioners
7-7 court of the county in which the land is located approves the plat
7-8 by an order entered in the minutes of the court. The commissioners
7-9 court shall refuse to approve a plat if it does not meet the
7-10 requirements prescribed by or under this subchapter or if any bond
7-11 required under this subchapter is not filed with the county clerk.
7-12 (b) The commissioners court of the county in which the land
7-13 is located may establish a planning commission as provided by
7-14 Subchapter D.
7-15 SECTION 10. Subchapter C, Chapter 232, Local Government
7-16 Code, is amended by adding Section 232.0751 to read as follows:
7-17 Sec. 232.0751. SPECIAL EXCEPTION OR VARIANCE TO REQUIREMENTS
7-18 FOR PROVISION OF WATER AND SEWER SERVICES. (a) On the request of
7-19 a subdivider or resident purchaser, the commissioners court by
7-20 order:
7-21 (1) may describe the circumstances in which a special
7-22 exception to the requirements for the provision of water and sewer
7-23 services is available to a lot in a subdivision; and
7-24 (2) may grant the special exception in a specific case
7-25 if the commissioners court finds that:
7-26 (A) the specific case fits within the special
7-27 exception;
8-1 (B) the grant of the special exception promotes
8-2 justice;
8-3 (C) the grant of the special exception is not
8-4 contrary to the public interest; and
8-5 (D) the grant of the special exception is
8-6 consistent with the general purpose of this subchapter.
8-7 (b) On the request of a subdivider or resident purchaser,
8-8 the commissioners court by order may authorize in a specific case
8-9 not covered by a special exception under Subsection (a) a variance
8-10 from the requirements for the provision of water and sewer services
8-11 if the commissioners court:
8-12 (1) makes the same findings in connection with the
8-13 specific case that it makes in connection with a special exception
8-14 under Subsection (a)(2); and
8-15 (2) finds that because of special conditions a literal
8-16 enforcement of the requirements for the provision of water and
8-17 sewer services would result in an unnecessary hardship.
8-18 (c) The commissioners court shall keep a record of its
8-19 proceedings under this section and must include in the record
8-20 documentation of the reasons for each decision made under this
8-21 section.
8-22 (d) If the commissioners court grants a special exception or
8-23 variance under this section, the commissioners court shall notify
8-24 the attorney general of the special exception or variance and the
8-25 reason for the special exception or variance. The attorney general
8-26 shall notify other state agencies having enforcement power over
8-27 subdivisions in affected counties as appropriate.
9-1 SECTION 11. Subchapter C, Chapter 232, Local Government
9-2 Code, is amended by adding Section 232.0775 to read as follows:
9-3 Sec. 232.0775. COUNTY INSPECTOR. (a) The commissioners
9-4 court may employ one or more county inspectors to inspect
9-5 subdivisions to ensure compliance with the subdivision regulations
9-6 adopted under this subchapter, Section 16.343, Water Code, or other
9-7 law.
9-8 (b) The commissioners court may impose a fee on a subdivider
9-9 of property under this subchapter for an inspection conducted under
9-10 this section in relation to that property. The collected fees may
9-11 be used only to fund the inspection system under this section.
9-12 SECTION 12. Chapter 232, Local Government Code, is amended
9-13 by adding Subchapter D to read as follows:
9-14 SUBCHAPTER D. COUNTY PLANNING COMMISSION
9-15 Sec. 232.091. APPLICABILITY. This subchapter applies only
9-16 to a county:
9-17 (1) authorized to establish a planning commission
9-18 under Subchapter B or C; and
9-19 (2) in which the commissioners court by order elects
9-20 to operate under this subchapter.
9-21 Sec. 232.092. ESTABLISHMENT OF PLANNING COMMISSION. (a) To
9-22 promote the general public welfare, the commissioners court of a
9-23 county by order may establish a planning commission under this
9-24 section.
9-25 (b) The commissioners court may authorize the planning
9-26 commission to act on behalf of the commissioners court in matters
9-27 relating to:
10-1 (1) the duties and authority of the commissioners
10-2 court under Subchapter A, B, or C; and
10-3 (2) land use, health and safety, planning and
10-4 development, or other enforcement provisions specifically
10-5 authorized by law.
10-6 (c) If the commissioners court establishes a planning
10-7 commission, the commissioners court by order shall adopt reasonable
10-8 rules and procedures necessary to administer this subchapter.
10-9 Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.
10-10 (a) The commissioners court may appoint a planning commission
10-11 consisting of five members. Members are appointed for staggered
10-12 terms of two years.
10-13 (b) A person appointed as a member of the planning
10-14 commission must be a citizen of the United States and reside in the
10-15 county.
10-16 (c) The commissioners court shall file with the county clerk
10-17 a certificate of appointment for each commission member.
10-18 (d) The commissioners court shall fill any vacancy on the
10-19 commission.
10-20 Sec. 232.094. OFFICERS, QUORUM, AND MEETINGS. (a) At the
10-21 first meeting of each calendar year, the planning commission shall
10-22 elect a presiding officer and assistant presiding officer. The
10-23 presiding officer presides over the meetings and executes all
10-24 documentation required on behalf of the planning commission. The
10-25 assistant presiding officer represents the presiding officer during
10-26 the presiding officer's absence.
10-27 (b) There is no limitation on the number of terms a member
11-1 may serve on the commission.
11-2 (c) Minutes of the planning commission's proceedings must be
11-3 filed with the county clerk or other county officer or employee
11-4 designated by the commissioners court. The minutes of the planning
11-5 commission's proceedings are a public record.
11-6 (d) The planning commission may adopt rules necessary to
11-7 administer this subchapter.
11-8 Sec. 232.095. CONFLICT OF INTEREST. (a) If a member of the
11-9 planning commission has a substantial interest in a subdivided
11-10 tract, the member shall:
11-11 (1) file, before a vote or decision regarding the
11-12 approval of a plat for the tract, an affidavit stating the nature
11-13 and extent of the interest; and
11-14 (2) abstain from further participation in the matter.
11-15 (b) The affidavit required by Subsection (a)(1) must be
11-16 filed with the official minutes of the planning commission.
11-17 (c) In this section, "substantial interest" means:
11-18 (1) an interest described by Section 232.034, if the
11-19 county is operating under Subchapter B; or
11-20 (2) an interest described by Section 232.078, if the
11-21 county is operating under Subchapter C.
11-22 SECTION 13. Chapter 232, Local Government Code, is amended
11-23 by adding Subchapter E to read as follows:
11-24 SUBCHAPTER E. ADDITIONAL SUBDIVISION ENFORCEMENT PROVISIONS
11-25 Sec. 232.111. ATTORNEY GENERAL INTERPRETATION OF CERTAIN
11-26 SUBDIVISION PLATTING AND DEVELOPMENT REQUIREMENTS. (a) The
11-27 attorney general may investigate violations of or enforce the
12-1 provisions of:
12-2 (1) the model subdivision rules adopted under
12-3 Subchapter J, Chapter 16, Water Code; and
12-4 (2) the subdivision platting requirements of
12-5 Subchapters B and C.
12-6 (b) The attorney general, on the request of the governing
12-7 body of a municipality or county, may issue an opinion on an
12-8 interpretation of law relating to the:
12-9 (1) model subdivision rules adopted under Subchapter
12-10 J, Chapter 16, Water Code; and
12-11 (2) subdivision platting requirements of Subchapters B
12-12 and C.
12-13 (c) If the attorney general issues an opinion on an
12-14 interpretation of law under Subsection (b), a state agency must act
12-15 in conformity with the attorney general's opinion.
12-16 (d) In investigating a violation or enforcing a provision
12-17 described by Subsection (a), the attorney general may cooperate
12-18 with the Texas Water Development Board, municipalities, and
12-19 counties to enforce the model subdivision rules and the subdivision
12-20 platting requirements.
12-21 SECTION 14. Section 15.407, Water Code, is amended by adding
12-22 new Subsections (c) and (d), relettering existing Subsections (c),
12-23 (d), (e), (f), and (g) as Subsections (e), (f), (g), (h), and (i),
12-24 and adding Subsection (j) to read as follows:
12-25 (c) The selection process used by a political subdivision to
12-26 procure engineering services necessary for facility engineering is
12-27 subject to review by and approval of the executive administrator.
13-1 The executive administrator may assist a political subdivision in
13-2 the selection of the provider of engineering services necessary for
13-3 facility engineering in economically distressed areas.
13-4 (d) The board shall adopt rules governing the procurement of
13-5 facility engineering services by a political subdivision awarded
13-6 funds under this subchapter and may adopt other rules necessary to
13-7 carry out the board's powers and duties under this subchapter.
13-8 (e) A political subdivision that desires money from the
13-9 research and planning fund for facility engineering in an
13-10 economically distressed area shall submit a written application to
13-11 the board in the manner and form required by board rules.
13-12 (f) [(d)] The application shall include:
13-13 (1) the name of the political subdivision;
13-14 (2) a citation to the laws under which the political
13-15 subdivision was created and is operating;
13-16 (3) the amount requested from the board for facility
13-17 engineering in an economically distressed area; and
13-18 (4) any other information required by the board in its
13-19 rules or specifically requested by the board.
13-20 (g) [(e)] After notice and hearing, the board may award the
13-21 applicant all or part of the requested funds that are considered
13-22 necessary by the board for the political subdivision to carry out
13-23 adequate facility engineering in an economically distressed area.
13-24 (h) [(f)] If the board grants an application under this
13-25 section and awards funds for facility engineering in an
13-26 economically distressed area, the board shall enter into a contract
13-27 with the political subdivision that includes:
14-1 (1) a detailed statement of the purpose for which the
14-2 money is to be used;
14-3 (2) the total amount of money to be paid from the
14-4 research and planning fund under the contract; and
14-5 (3) any other terms and conditions required by board
14-6 rules or agreed to by the contracting parties.
14-7 (i) [(g)] If, after submission of an application under this
14-8 section, a county has an increase in average per capita income or a
14-9 decrease in unemployment rate average so that the county no longer
14-10 meets the definition of an affected county in Section 16.341, the
14-11 political subdivision that submits the application continues to be
14-12 eligible for the funds under this section, and the board shall
14-13 process the application for facility engineering and, if the
14-14 application is approved, shall provide funds for the facility
14-15 engineering plan to the political subdivision.
14-16 (j) If the board determines that planning activities
14-17 undertaken by a political subdivision for which the board has
14-18 committed funds under this subchapter have been inadequate or not
14-19 completed in a timely manner, the board may terminate the contract
14-20 with the political subdivision and on behalf of and in consultation
14-21 with the political subdivision may perform or contract for facility
14-22 engineering in the economically distressed area.
14-23 SECTION 15. Section 16.341(1), Water Code, is amended to
14-24 read as follows:
14-25 (1) "Affected county" means a county:
14-26 (A) that has a per capita income that averaged
14-27 25 percent below the state average for the most recent three
15-1 consecutive years for which statistics are available and an
15-2 unemployment rate that averaged 25 percent above the state average
15-3 for the most recent three consecutive years for which statistics
15-4 are available; or
15-5 (B) any part of which is within 50 miles of
15-6 [that is adjacent to] an international border.
15-7 SECTION 16. Section 16.343(a), Water Code, is amended to
15-8 read as follows:
15-9 (a) The board [Texas Natural Resource Conservation
15-10 Commission] shall, [in conjunction with the board and] after
15-11 consultation with the attorney general and the Texas Natural
15-12 Resource Conservation Commission, prepare and adopt model rules to
15-13 assure that minimum standards for safe and sanitary water supply
15-14 and sewer services in residential areas of political subdivisions,
15-15 including rules of any state agency relating to septic tanks and
15-16 other waste disposal systems, are met.
15-17 SECTION 17. Section 16.345(b), Water Code, is amended to
15-18 read as follows:
15-19 (b) In addition to any other authority to issue bonds or
15-20 other obligations or incur any debt, an affected county or another
15-21 [a] political subdivision, other than a nonprofit water supply
15-22 corporation, eligible for financial assistance under Subchapter K,
15-23 Chapter 17, of this code may issue bonds payable from and secured
15-24 by a pledge of the revenues derived or to be derived from the
15-25 operation of water supply or sewer service systems for the purpose
15-26 of acquiring, constructing, improving, extending, or repairing
15-27 water supply or sewer facilities. The bonds shall be issued in
16-1 accordance with and an affected county or another [a] political
16-2 subdivision may exercise the powers granted by: Articles 1111
16-3 through 1118, Revised Statutes; Chapters 249 and 250, Acts of the
16-4 51st Legislature, Regular Session, 1949 (Articles 1111a and 1111b,
16-5 Vernon's Texas Civil Statutes); Chapter 428, Acts of the 52nd
16-6 Legislature, 1951 (Article 1111c, Vernon's Texas Civil Statutes);
16-7 Chapter 122, Acts of the 43rd Legislature, Regular Session, 1933
16-8 (Articles 1114a, 1114b, and 1114c, Vernon's Texas Civil Statutes);
16-9 and Chapter 56, Acts of the 45th Legislature, 2nd Called Session,
16-10 1937 (Article 1114d, Vernon's Texas Civil Statutes); by the Bond
16-11 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
16-12 Statutes); by Chapter 656, Acts of the 68th Legislature, Regular
16-13 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes); and by
16-14 other laws of the state.
16-15 SECTION 18. Section 16.347(b), Water Code, is amended to
16-16 read as follows:
16-17 (b) The board may require, as a condition for granting an
16-18 application for financial assistance under Subchapter K, Chapter
16-19 17, of this code to a political subdivision in which a plat is
16-20 required to be filed under Subchapter A, Chapter 212, or Chapter
16-21 232, Local Government Code, that the applicant:
16-22 (1) impose a distressed areas water financing fee on
16-23 undeveloped property in the political subdivision if the board
16-24 determines that imposition of the fee would:
16-25 (A) [(1)] reduce the amount of any financial
16-26 assistance that the board may provide to accomplish the purposes of
16-27 the political subdivision under the application; or
17-1 (B) [(2)] assist the political subdivision to
17-2 more effectively retire any debt undertaken by the political
17-3 subdivision in connection with financial assistance made available
17-4 by the board to the political subdivision; and
17-5 (2) if the applicant is a county operating under
17-6 Subchapter B or C, Chapter 232, Local Government Code, impose a
17-7 county inspection fee authorized under Section 232.0305 or
17-8 232.0775.
17-9 SECTION 19. Subchapter J, Chapter 16, Water Code, is amended
17-10 by adding Sections 16.352-16.3545 to read as follows:
17-11 Sec. 16.352. ENFORCEMENT OF RULES. A person who violates a
17-12 rule adopted by a municipality or county under this subchapter or
17-13 under Subchapter B or C, Chapter 232, Local Government Code, is
17-14 liable to the municipality or county for a civil penalty of not
17-15 less than $1,000 and not more than $10,000 for each violation and
17-16 for each day of a violation. The maximum civil penalty that may
17-17 accrue each day is $50,000. The appropriate attorney representing
17-18 the municipality or county may sue to collect the penalty. The
17-19 recovered penalty shall be deposited in the general fund of the
17-20 municipality or county.
17-21 Sec. 16.353. INJUNCTION. (a) In addition to any other
17-22 remedy, the attorney general or the county or district attorney of
17-23 the county in which a violation under Section 16.352 occurs may
17-24 apply to a district court for, and the district court may grant,
17-25 the state or the political subdivision an injunction enjoining a
17-26 violation of the rules described by Section 16.352, including a
17-27 temporary restraining order or a temporary or permanent injunction.
18-1 (b) An injunction issued under this section may be issued
18-2 without the requirement of a bond or other undertaking.
18-3 Sec. 16.354. ATTORNEY GENERAL ENFORCEMENT. In addition to
18-4 the ability of any political subdivision to enforce this
18-5 subchapter, the attorney general may file suit to:
18-6 (1) enforce a rule adopted under Section 16.350;
18-7 (2) recover a civil penalty under Section 16.352;
18-8 (3) obtain injunctive relief to prevent a violation or
18-9 continuing violation of a political subdivision's rules described
18-10 by this subchapter; or
18-11 (4) enforce a political subdivision's rules, recover
18-12 any penalty, and obtain any injunctive relief.
18-13 Sec. 16.3545. VENUE. A suit brought under this subchapter
18-14 for injunctive relief or the recovery of a civil penalty may be
18-15 brought in a district court in:
18-16 (1) the county in which the defendant resides;
18-17 (2) the county in which the alleged violation or
18-18 threat of violation occurs; or
18-19 (3) Travis County.
18-20 SECTION 20. Subchapter J, Chapter 16, Water Code, is amended
18-21 by adding Section 16.356 to read as follows:
18-22 Sec. 16.356. DATABASE. (a) The board, in conjunction with
18-23 the Texas Department of Housing and Community Affairs, shall
18-24 develop a database to compile information regarding the status of
18-25 ongoing infrastructure improvement projects related to water and
18-26 sewer services in economically distressed areas.
18-27 (b) The political subdivision administering an
19-1 infrastructure improvement project shall provide monthly status
19-2 reports to the board for the purpose of updating information in the
19-3 database.
19-4 (c) The board shall make the database information available
19-5 to the public.
19-6 SECTION 21. Section 17.923, Water Code, is amended to read
19-7 as follows:
19-8 Sec. 17.923. COUNTY ELIGIBILITY FOR FINANCIAL ASSISTANCE. A
19-9 county is [To be] eligible for financial assistance under this
19-10 subchapter if [, a county]:
19-11 (1) the county has [must have] a per capita income
19-12 that averaged 25 percent below the state average for the most
19-13 recent three consecutive years for which statistics are available
19-14 and an unemployment rate that averaged 25 percent above the state
19-15 average for the most recent three consecutive years for which
19-16 statistics are available; or
19-17 (2) any part of the county is within 50 miles of [must
19-18 be located adjacent to] an international border.
19-19 SECTION 22. Title 7, Government Code, is amended by adding
19-20 Chapter 775 to read as follows:
19-21 CHAPTER 775. COORDINATION OF COLONIA INITIATIVES
19-22 Sec. 775.001. DEFINITIONS. In this section:
19-23 (1) "Agency" includes a state office, institution, or
19-24 other state governmental entity.
19-25 (2) "Colonia" means a geographic area that:
19-26 (A) is an economically distressed area as
19-27 defined by Section 17.921, Water Code; or
20-1 (B) is in a county that is eligible for
20-2 assistance under Section 17.923, Water Code.
20-3 Sec. 775.002. INTERAGENCY COORDINATION OF COLONIA
20-4 INITIATIVES. (a) The secretary of state shall designate an
20-5 employee to act as the agency's colonia initiatives coordinator.
20-6 (b) The colonia initiatives coordinator shall coordinate
20-7 colonia initiatives within the agency and with the other agencies
20-8 and local officials involved in colonia projects in the state.
20-9 (c) The colonia initiatives coordinator shall work with the
20-10 other agencies and local officials involved in colonia projects in
20-11 the state to:
20-12 (1) coordinate efforts to address colonia issues;
20-13 (2) identify nonprofit self-help groups to help with
20-14 colonia initiatives;
20-15 (3) set goals for each state fiscal year for colonia
20-16 initiatives in the state, including goals to:
20-17 (A) address easement problems; and
20-18 (B) ensure that water and wastewater connections
20-19 are extended from distribution lines to houses located in colonias;
20-20 and
20-21 (4) ensure that the goals set under this subsection
20-22 are met each state fiscal year.
20-23 Sec. 775.003. COLONIA OMBUDSMAN PROGRAM. (a) The colonia
20-24 initiatives coordinator shall appoint a colonia ombudsman in each
20-25 of the six border counties that the coordinator determines have the
20-26 largest colonia population.
20-27 (b) The state and the counties that have a colonia ombudsman
21-1 shall evenly divide the cost of operating the colonia ombudsman
21-2 program.
21-3 (c) A colonia ombudsman shall:
21-4 (1) coordinate any effort within the county to address
21-5 colonia issues;
21-6 (2) assist colonia residents and groups with colonia
21-7 issues;
21-8 (3) assist any party in resolving easement problems;
21-9 (4) assist developers and colonia residents in
21-10 obtaining any necessary water or wastewater connections;
21-11 (5) provide information related to any state or county
21-12 programs affecting a colonia to persons working or living in a
21-13 colonia; and
21-14 (6) take any other action necessary to accomplish any
21-15 goals set by Section 775.002 for colonia issues within the county.
21-16 (d) A colonia ombudsman shall report monthly to the colonia
21-17 initiatives coordinator on the ombudsman's actions. The ombudsman
21-18 may provide information to other agencies relating to colonia
21-19 issues in the county in which the ombudsman is stationed.
21-20 SECTION 23. Section 3, The Plumbing License Law (Article
21-21 6243-101, Vernon's Texas Civil Statutes), is amended to read as
21-22 follows:
21-23 Sec. 3. ACTS PERMITTED WITHOUT A LICENSE. The following
21-24 acts, work and conduct shall be expressly permitted without
21-25 license:
21-26 (a) Plumbing work done by a property owner in a
21-27 building owned or occupied by him as his homestead;
22-1 (b) Plumbing work done outside the municipal limits of
22-2 any organized city, town or village in this state, or within any
22-3 such city, town or village of less than five thousand (5,000)
22-4 inhabitants, unless required by ordinance in such city, town or
22-5 village of less than five thousand (5,000) inhabitants;
22-6 (c) Plumbing work done by anyone who is regularly
22-7 employed as or acting as a maintenance man or maintenance engineer,
22-8 incidental to and in connection with the business in which he is
22-9 employed or engaged, and who does not engage in the occupation of a
22-10 plumber for the general public; construction, installation and
22-11 maintenance work done upon the premises or equipment of a railroad
22-12 by an employee thereof who does not engage in the occupation of a
22-13 plumber for the general public; and plumbing work done by persons
22-14 engaged by any public service company in the laying, maintenance
22-15 and operation of its service mains or lines to the point of
22-16 measurement and the installation, alteration, adjustment, repair,
22-17 removal and renovation of all types of appurtenances, equipment and
22-18 appliances, including doing all that is necessary to render the
22-19 appliances useable or serviceable; appliance installation and
22-20 service work done by anyone who is an appliance dealer or is
22-21 employed by an appliance dealer, and acting as an appliance
22-22 installation man or appliance service man in connecting appliances
22-23 to existing piping installations; water treatment installations,
22-24 exchanges, services, or repairs. Provided, however, that all work
22-25 and service herein named or referred to shall be subject to
22-26 inspection and approval in accordance with the terms of all local
22-27 valid city or municipal ordinances;
23-1 (d) Plumbing work done by a licensed irrigator or
23-2 licensed installer when working and licensed under Chapter 197,
23-3 Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
23-4 Vernon's Texas Civil Statutes). A person holding a valid license
23-5 from the Texas State Board of Plumbing Examiners shall not be
23-6 required to be licensed by any other board or agency when
23-7 installing or working on a lawn irrigation system;
23-8 (e) Plumbing work done by an LP Gas installer when working
23-9 and licensed under Chapter 113, Natural Resources Code, as amended;
23-10 (f) Plumbing work done through an organization certified by
23-11 the Texas Water Development Board that participates in a self-help
23-12 project maintained by the Texas Department of Housing and Community
23-13 Affairs or the Texas Water Development Board in a geographic area
23-14 that:
23-15 (1) is an economically distressed area as defined by
23-16 Section 17.921, Water Code; and
23-17 (2) is in a county that is eligible for assistance
23-18 under Section 17.923, Water Code.
23-19 SECTION 24. Section 232.029(i), Local Government Code, is
23-20 repealed.
23-21 SECTION 25. On or before January 1, 2000, the Texas Water
23-22 Development Board, in conjunction with the Texas Department of
23-23 Housing and Community Affairs, shall develop the database required
23-24 by Section 16.356, Water Code, as added by this Act.
23-25 SECTION 26. (a) On or before November 1, 1999, the
23-26 secretary of state shall designate an employee to act as the
23-27 agency's colonia initiatives coordinator as provided by Section
24-1 775.002, Government Code, as added by this Act.
24-2 (b) On or before January 1, 2000, the colonia initiatives
24-3 coordinator in the office of the secretary of state shall appoint
24-4 colonia ombudsmen as provided by Section 775.003, Government Code,
24-5 as added by this Act.
24-6 SECTION 27. The changes in law made by this Act to Section
24-7 15.407, Water Code, apply only to:
24-8 (1) an application for assistance under that section
24-9 that is pending before or submitted to the Texas Water Development
24-10 Board on or after September 1, 1999; and
24-11 (2) a contract under that section regardless of the
24-12 date the contract was made.
24-13 SECTION 28. (a) The change in law made by this Act by
24-14 adding Section 16.352, Water Code, applies only to the violation of
24-15 a rule adopted by a municipality or county under Subchapter J,
24-16 Chapter 16, Water Code, or Section 232.030, Local Government Code,
24-17 that occurs on or after the effective date of this Act. For
24-18 purposes of this section, a violation occurs before the effective
24-19 date of this Act if any element of the violation occurs before that
24-20 date.
24-21 (b) A violation of a rule adopted by a municipality or
24-22 county under Subchapter J, Chapter 16, Water Code, or Section
24-23 232.030, Local Government Code, that occurs before the effective
24-24 date of this Act is governed by the law in effect when the
24-25 violation occurred, and the former law is continued in effect for
24-26 that purpose.
24-27 SECTION 29. This Act takes effect September 1, 1999.
25-1 SECTION 30. The importance of this legislation and the
25-2 crowded condition of the calendars in both houses create an
25-3 emergency and an imperative public necessity that the
25-4 constitutional rule requiring bills to be read on three several
25-5 days in each house be suspended, and this rule is hereby suspended.