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.