1-1 By: Lucio, et al. S.B. No. 1421
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Special Committee on Border Affairs;
1-4 April 9, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 9, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1421 By: Lucio, Truan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the subdivision or development of
1-11 land in certain economically distressed areas, including colonias,
1-12 and certain other areas; providing penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 103.001, Local Government Code, is
1-15 amended to read as follows:
1-16 Sec. 103.001. ANNUAL AUDIT; FINANCIAL STATEMENT. (a) A
1-17 municipality shall have its records and accounts audited annually
1-18 and shall have an annual financial statement prepared based on the
1-19 audit.
1-20 (b) A municipality subject to Section 16.356, Water Code,
1-21 must include in its financial statement a specific report on
1-22 compliance with that section.
1-23 SECTION 2. Section 212.012, Local Government Code, is
1-24 amended to read as follows:
1-25 Sec. 212.012. CONNECTION OF UTILITIES. (a) Except as
1-26 provided by Subsection (c), an entity described by Subsection (b)
1-27 may not serve or connect any land with water, sewer, electricity,
1-28 gas, or other utility service unless the entity has been presented
1-29 with or otherwise holds a certificate applicable to the land issued
1-30 under Section 212.0115.
1-31 (b) The prohibition established by Subsection (a) applies
1-32 only to:
1-33 (1) a municipality and officials of a municipality
1-34 that provides water, sewer, electricity, gas, or other utility
1-35 service;
1-36 (2) a municipally owned or municipally operated
1-37 utility that provides any of those services;
1-38 (3) a public utility that provides any of those
1-39 services;
1-40 (4) a water supply or sewer service corporation
1-41 organized and operating under Chapter 67, Water Code [76, Acts of
1-42 the 43rd Legislature, 1st Called Session, 1933 (Article 1434a,
1-43 Vernon's Texas Civil Statutes)], that provides any of those
1-44 services;
1-45 (5) a county that provides any of those services; and
1-46 (6) a special district or authority created by or
1-47 under state law that provides any of those services.
1-48 (c) An entity described by Subsection (b) may serve or
1-49 connect land with water, sewer, electricity, gas, or other utility
1-50 service regardless of whether the entity is presented with or
1-51 otherwise holds a certificate applicable to the land issued under
1-52 Section 212.0115 if:
1-53 (1) the land is covered by a development plat approved
1-54 under Subchapter B or under an ordinance or rule relating to the
1-55 development plat;
1-56 (2) the land was first served or connected with
1-57 service by an entity described by Subsection (b)(1), (b)(2), or
1-58 (b)(3) before September 1, 1987;
1-59 (3) the land was first served or connected with
1-60 service by an entity described by Subsection (b)(4), (b)(5), or
1-61 (b)(6) before September 1, 1989; or
1-62 (4) the municipal authority responsible for approving
1-63 plats issues a certificate stating that:
1-64 (A) the land:
2-1 (i) [,] before September 1, 1995, was sold
2-2 or conveyed to the person requesting service by any means of
2-3 conveyance, including a contract for deed or executory contract;
2-4 (ii) [(B) the land] is located in a
2-5 subdivision in which the entity has previously provided service;
2-6 (iii) [(C) the land] is located outside
2-7 the limits of the municipality;
2-8 (iv) [(D) the land] is located in a county
2-9 to which Subchapter B, Chapter 232, applies [an "affected county"
2-10 as that term is defined by Section 232.021]; and
2-11 (v) is the site of [(E)] construction of a
2-12 residence [on the land], evidenced by at least the existence of a
2-13 completed foundation, that was begun on or before May 1, 1997; or
2-14 (B) the land was not subdivided after September
2-15 1, 1995, and:
2-16 (i) water service is available within 500
2-17 feet of the subdivided land; or
2-18 (ii) water service is available more than
2-19 500 feet from the subdivided land and the extension of water
2-20 service to the land may be feasible, subject to a final
2-21 determination by the water service provider.
2-22 (d) An entity described by Subsection (b) may provide
2-23 utility service to land described by Subsection (c)(4)(A) only if
2-24 the person requesting service:
2-25 (1) is not the land's subdivider or the subdivider's
2-26 agent; and
2-27 (2) provides to the entity a certificate described by
2-28 Subsection (c)(4)(A).
2-29 (e) A person requesting service may obtain a certificate
2-30 under Subsection (c)(4)(A) only if the person provides to the
2-31 municipal authority responsible for approving plats either:
2-32 (1) a copy of the means of conveyance or other
2-33 documents that show that the land was sold or conveyed to the
2-34 person requesting service before September 1, 1995, and a notarized
2-35 affidavit by that person that states that construction of a
2-36 residence on the land, evidenced by at least the existence of a
2-37 completed foundation, was begun on or before May 1, 1997; or
2-38 (2) a notarized affidavit by the person requesting
2-39 service that states that the property was sold or conveyed to that
2-40 person before September 1, 1995, and that construction of a
2-41 residence on the land, evidenced by at least the existence of a
2-42 completed foundation, was begun on or before May 1, 1997.
2-43 (f) A person requesting service may obtain a certificate
2-44 under Subsection (c)(4)(B) only if the person provides to the
2-45 municipal authority responsible for approving plats an affidavit
2-46 that states that the property was not sold or conveyed to that
2-47 person from a subdivider or the subdivider's agent after September
2-48 1, 1995.
2-49 (g) On request, the municipal authority responsible for
2-50 approving plats shall provide to the attorney general and any
2-51 appropriate local, county, or state law enforcement official a copy
2-52 of any document on which the municipal authority relied in
2-53 determining the legality of providing service.
2-54 (h) [(g)] This section may not be construed to abrogate any
2-55 civil or criminal proceeding or prosecution or to waive any penalty
2-56 against a subdivider for a violation of a state or local law,
2-57 regardless of the date on which the violation occurred.
2-58 (i) [(h)] In this section:
2-59 (1) "Foundation" means the lowest division of a
2-60 residence, usually consisting of a masonry slab or a pier and beam
2-61 structure, that is partly or wholly below the surface of the ground
2-62 and on which the residential structure rests.
2-63 (2) "Subdivider" has the meaning assigned by Section
2-64 232.021.
2-65 SECTION 3. The heading to Subchapter B, Chapter 232, Local
2-66 Government Code, is amended to read as follows:
2-67 SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR
2-68 INTERNATIONAL BORDER [ECONOMICALLY DISTRESSED COUNTIES]
2-69 SECTION 4. Section 232.021, Local Government Code, is
3-1 amended to read as follows:
3-2 Sec. 232.021. DEFINITIONS. In this subchapter:
3-3 (1) ["Affected county" means a county:]
3-4 [(A) that has a per capita income that averaged
3-5 25 percent below the state average for the most recent three
3-6 consecutive years for which statistics are available and an
3-7 unemployment rate that averaged 25 percent above the state average
3-8 for the most recent three consecutive years for which statistics
3-9 are available; and]
3-10 [(B) any part of which is within 50 miles of an
3-11 international border.]
3-12 [(2)] "Board" means the Texas Water Development Board.
3-13 (2) [(3)] "Common promotional plan" means any plan or
3-14 scheme of operation undertaken by a single subdivider or a group of
3-15 subdividers acting in concert, either personally or through an
3-16 agent, to offer for sale or lease lots when the land is:
3-17 (A) contiguous or part of the same area of land;
3-18 or
3-19 (B) known, designated, or advertised as a common
3-20 unit or by a common name.
3-21 (3) [(4)] "Executive administrator" means the
3-22 executive administrator of the Texas Water Development Board.
3-23 (4) [(5)] "Floodplain" means any area in the 100-year
3-24 floodplain that is susceptible to being inundated by water from any
3-25 source or [and] that is identified by the Federal Emergency
3-26 Management Agency under the National Flood Insurance Act of 1968
3-27 (42 U.S.C. Sections 4001 through 4127).
3-28 (5) [(6)] "Lease" includes an offer to lease.
3-29 (6) [(7)] "Lot" means a parcel into which land that is
3-30 intended for residential use is divided.
3-31 (7) [(8)] "Minimum state standards" means the minimum
3-32 standards set out for:
3-33 (A) adequate drinking water by or under Section
3-34 16.343(b)(1), Water Code;
3-35 (B) adequate sewer facilities by or under
3-36 Section 16.343(c)(1), Water Code; or
3-37 (C) the treatment, disposal, and management of
3-38 solid waste by or under Chapters 361 and 364, Health and Safety
3-39 Code.
3-40 (8) [(9)] "Plat" means a map, chart, survey, plan, or
3-41 replat containing a description of the subdivided land with ties to
3-42 permanent landmarks or monuments.
3-43 (9) [(10)] "Sell" includes an offer to sell.
3-44 (10) [(11)] "Sewer," "sewer services," or "sewer
3-45 facilities" means treatment works as defined by Section 17.001,
3-46 Water Code, or individual, on-site, or cluster treatment systems
3-47 such as septic tanks and includes drainage facilities and other
3-48 improvements for proper functioning of septic tank systems.
3-49 (11) [(12)] "Subdivide" means to divide the surface
3-50 area of land into lots intended primarily for residential use.
3-51 (12) [(13)] "Subdivider" means an individual, firm,
3-52 corporation, or other legal entity that owns any interest in land
3-53 and that directly or indirectly subdivides land into lots as part
3-54 of a common promotional plan in the ordinary course of business.
3-55 (13) [(14)] "Subdivision" means an area of land that
3-56 has been subdivided into lots for sale or lease.
3-57 (14) [(15)] "Utility" means a person, including a
3-58 legal entity or political subdivision, that provides the services
3-59 of:
3-60 (A) an electric utility, as defined by Section
3-61 31.002, Utilities Code [3(c)(1), Public Utility Regulatory Act
3-62 (Article 1446c, Vernon's Texas Civil Statutes)];
3-63 (B) a gas utility, as defined by Section
3-64 101.003, Utilities Code [1.03, Gas Utility Regulatory Act (Article
3-65 1446e, Vernon's Texas Civil Statutes)]; and
3-66 (C) a water and sewer utility, as defined by
3-67 Section 13.002, Water Code.
3-68 SECTION 5. Section 232.022, Local Government Code, is
3-69 amended to read as follows:
4-1 Sec. 232.022. APPLICABILITY. (a) This subchapter applies
4-2 only to a county any part of which is located within 50 miles of an
4-3 international border.
4-4 (b) This subchapter applies only to land that is subdivided
4-5 into two [four] or more lots that are intended primarily for
4-6 residential use in the jurisdiction of the [an affected] county. A
4-7 lot is presumed to be intended for residential use if the lot is
4-8 five acres or less. This subchapter does not apply if the
4-9 subdivision is incident to the conveyance of the land as a gift
4-10 between persons related to each other within the third degree by
4-11 affinity or consanguinity, as determined under Chapter 573,
4-12 Government Code.
4-13 (c) [(b)] For purposes of this section, land is considered
4-14 to be in the jurisdiction of a county if the land is located in the
4-15 county and[,] outside the corporate limits of municipalities[, and
4-16 outside the extraterritorial jurisdiction of municipalities, as
4-17 determined under Chapter 42].
4-18 SECTION 6. Subsection (a), Section 232.023, Local Government
4-19 Code, is amended to read as follows:
4-20 (a) A subdivider of land [in an affected county] must have a
4-21 plat of the subdivision prepared. A subdivision of a tract under
4-22 this subsection includes a subdivision of real property by any
4-23 method of conveyance, including a contract for deed, oral contract,
4-24 contract of sale, or other type of executory contract, regardless
4-25 of whether the subdivision is made by using a metes and bounds
4-26 description.
4-27 SECTION 7. Section 232.024, Local Government Code, is
4-28 amended by adding Subsection (d) to read as follows:
4-29 (d) The commissioners court of the county in which the land
4-30 is located may establish a planning commission as provided by
4-31 Subchapter D. The planning commission, including its findings and
4-32 decisions, is subject to the same provisions applicable to the
4-33 commissioners court under this subchapter, including Section
4-34 232.034 relating to conflicts of interest.
4-35 SECTION 8. Subsection (c), Section 232.026, Local Government
4-36 Code, is amended to read as follows:
4-37 (c) If the commissioners court provides an extension, the
4-38 commissioners court shall notify the attorney general of the
4-39 extension and the reason for the extension. The attorney general
4-40 shall notify all other state agencies having enforcement power over
4-41 subdivisions [in affected counties] of the extension.
4-42 SECTION 9. Section 232.029, Local Government Code, is
4-43 amended by amending Subsections (c), (d), and (e), adding a new
4-44 Subsection (f), and relettering Subsections (f), (g), (h), and (i)
4-45 as Subsections (g), (h), (i), and (j) to read as follows:
4-46 (c) An electric, gas, water, or sewer service utility may
4-47 serve or connect subdivided land with water, sewer, electricity,
4-48 gas, or other utility service regardless of whether the utility
4-49 receives a certificate issued by the commissioners court under
4-50 Section 232.028(a) or receives a determination from the
4-51 commissioners court under Section 232.028(b) if the utility is
4-52 provided with a certificate issued by the commissioners court that
4-53 states that:
4-54 (1) [before July 1, 1995,] the subdivided land:
4-55 (A) before September 1, 1995, was sold or
4-56 conveyed to the person requesting service by any means of
4-57 conveyance, including a contract for deed or executory contract;
4-58 (B) [(2) the land] is located in a subdivision
4-59 in which the utility has previously provided service; and
4-60 (C) is the site of [(3)] construction of a
4-61 residence [on the land], evidenced by at least the existence of a
4-62 completed foundation, that was begun on or before May 1, 1997; or
4-63 (2) the land was not subdivided after September 1,
4-64 1995, and:
4-65 (A) water service is available within 500 feet
4-66 of the subdivided land; or
4-67 (B) water service is available more than 500
4-68 feet from the subdivided land and the extension of water service to
4-69 the land may be feasible, subject to a final determination by the
5-1 water service provider.
5-2 (d) A utility may provide utility service to subdivided land
5-3 described by Subsection (c)(1) only if the person requesting
5-4 service:
5-5 (1) is not the land's subdivider or the subdivider's
5-6 agent; and
5-7 (2) provides to the utility a certificate described by
5-8 Subsection (c)(1).
5-9 (e) A person requesting service may obtain a certificate
5-10 under Subsection (c)(1) only if the person provides to the
5-11 commissioners court either:
5-12 (1) a copy of the means of conveyance or other
5-13 documents that show that the land was sold or conveyed to the
5-14 person requesting service before September [July] 1, 1995, and a
5-15 notarized affidavit by that person that states that construction of
5-16 a residence on the land, evidenced by at least the existence of a
5-17 completed foundation, was begun on or before May 1, 1997; or
5-18 (2) a notarized affidavit by the person requesting
5-19 service that states that the property was sold or conveyed to that
5-20 person before September [July] 1, 1995, and that construction of a
5-21 residence on the land, evidenced by at least the existence of a
5-22 completed foundation, was begun on or before May 1, 1997.
5-23 (f) A person requesting service may obtain a certificate
5-24 under Subsection (c)(2) only if the person provides to the
5-25 commissioners court an affidavit that states that the property was
5-26 not sold or conveyed to that person from a subdivider or the
5-27 subdivider's agent after September 1, 1995.
5-28 (g) On request, the commissioners court shall provide to the
5-29 attorney general and any appropriate local, county, or state law
5-30 enforcement official a copy of any document on which the
5-31 commissioners court relied in determining the legality of providing
5-32 service.
5-33 (h) [(g)] This section may not be construed to abrogate any
5-34 civil or criminal proceeding or prosecution or to waive any penalty
5-35 against a subdivider for a violation of a state or local law,
5-36 regardless of the date on which the violation occurred.
5-37 (i) [(h)] The prohibition established by this section shall
5-38 not prohibit an electric or gas utility from providing electric or
5-39 gas utility connection or service to a lot being sold, conveyed, or
5-40 purchased through a contract for deed or executory contract or
5-41 other device by a subdivider prior to July 1, 1995, which is
5-42 located within a subdivision where the utility has previously
5-43 established service and was subdivided by a plat approved prior to
5-44 September 1, 1989.
5-45 (j) [(i)] In this section, "foundation" means the lowest
5-46 division of a residence, usually consisting of a masonry slab or a
5-47 pier and beam structure, that is partly or wholly below the surface
5-48 of the ground and on which the residential structure rests.
5-49 SECTION 10. Subsection (b), Section 232.030, Local
5-50 Government Code, is amended to read as follows:
5-51 (b) Except as provided by Section 16.350(d), Water Code, or
5-52 Section 232.042 or 232.043, the commissioners court may not grant a
5-53 variance or adopt regulations that waive any requirements of this
5-54 subchapter.
5-55 SECTION 11. Subchapter B, Chapter 232, Local Government
5-56 Code, is amended by adding Section 232.0305 to read as follows:
5-57 Sec. 232.0305. COUNTY INSPECTOR. (a) The commissioners
5-58 court may impose a fee on a subdivider of property under this
5-59 subchapter for an inspection of the property to ensure compliance
5-60 with the subdivision regulations adopted under this subchapter,
5-61 Section 16.343, Water Code, or other law.
5-62 (b) Fees collected under this section may be used only to
5-63 fund inspections conducted under this section.
5-64 SECTION 12. Subsection (b), Section 232.035, Local
5-65 Government Code, is amended to read as follows:
5-66 (b) Notwithstanding any other remedy at law or equity, a
5-67 subdivider or an agent of a subdivider may not cause, suffer,
5-68 allow, or permit any part of a subdivision [in an affected county]
5-69 over which the subdivider or an agent of the subdivider has
6-1 control, or a right of ingress and egress, to become a public
6-2 health nuisance as defined by Section 341.011, Health and Safety
6-3 Code.
6-4 SECTION 13. Subsection (a), Section 232.037, Local
6-5 Government Code, is amended to read as follows:
6-6 (a) The attorney general, or the district attorney, criminal
6-7 district attorney, county attorney with felony responsibilities, or
6-8 county attorney of the [an affected] county may take any action
6-9 necessary in a court of competent jurisdiction on behalf of the
6-10 state or on behalf of residents to:
6-11 (1) enjoin the violation or threatened violation of
6-12 the model rules adopted under Section 16.343, Water Code;
6-13 (2) enjoin the violation or threatened violation of a
6-14 requirement of this subchapter or a rule adopted by the
6-15 commissioners court under this subchapter;
6-16 (3) recover civil or criminal penalties, attorney's
6-17 fees, litigation costs, and investigation costs; and
6-18 (4) require platting or replatting under Section
6-19 232.040.
6-20 SECTION 14. Section 232.037, Local Government Code, is
6-21 amended by adding Subsection (d) to read as follows:
6-22 (d) This subchapter is subject to the applicable enforcement
6-23 provisions prescribed by Sections 16.352, 16.353, 16.354, and
6-24 16.3545, Water Code.
6-25 SECTION 15. Section 232.038, Local Government Code, is
6-26 amended to read as follows:
6-27 Sec. 232.038. SUIT BY PRIVATE PERSON IN ECONOMICALLY
6-28 DISTRESSED AREA. A person who has purchased or is purchasing a lot
6-29 after July 1, 1995, in a subdivision for residential purposes that
6-30 does not have water and sewer services as required by this
6-31 subchapter and is located in an economically distressed area, as
6-32 defined by Section 17.921, Water Code, [in an affected county,]
6-33 from a subdivider, may bring suit in the district court in which
6-34 the property is located or in a district court in Travis County to:
6-35 (1) declare the sale of the property void and require
6-36 the subdivider to return the purchase price of the property; and
6-37 (2) recover from the subdivider:
6-38 (A) the market value of any permanent
6-39 improvements the person placed on the property;
6-40 (B) actual expenses incurred as a direct result
6-41 of the failure to provide adequate water and sewer facilities;
6-42 (C) court costs; and
6-43 (D) reasonable attorney's fees.
6-44 SECTION 16. Subsection (a), Section 232.039, Local
6-45 Government Code, is amended to read as follows:
6-46 (a) A subdivider of land [in an affected county] may apply
6-47 to the commissioners court to cancel all or part of the subdivision
6-48 in the manner provided by Section 232.008 after notice and hearing
6-49 as provided by this section.
6-50 SECTION 17. Subsection (c), Section 232.040, Local
6-51 Government Code, is amended to read as follows:
6-52 (c) Subsection (b) does not apply if a seller other than a
6-53 subdivider or agent of a subdivider[:]
6-54 [(1)] resides on the lot[; or]
6-55 [(2) purchases the lot through a contract for deed].
6-56 SECTION 18. The heading to Section 232.042, Local Government
6-57 Code, is amended to read as follows:
6-58 Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS.
6-59 SECTION 19. Subchapter B, Chapter 232, Local Government
6-60 Code, is amended by adding Section 232.043 to read as follows:
6-61 Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS. (a) On
6-62 the request of a subdivider who created an unplatted subdivision or
6-63 a resident purchaser of a lot in the subdivision, the commissioners
6-64 court of a county may grant:
6-65 (1) a delay or variance from compliance with the
6-66 subdivision requirements prescribed by Section 232.023(b)(8) or
6-67 (9), 232.025(1), (2), (3), (4), or (5), or 232.030(c)(2), (3), (5),
6-68 or (6); or
6-69 (2) a delay or variance for an individual lot from
7-1 compliance with the requirements prescribed by the model
7-2 subdivision rules adopted under Section 16.343, Water Code, for:
7-3 (A) the distance that a structure must be set
7-4 back from roads or property lines; or
7-5 (B) the number of single-family, detached
7-6 dwellings that may be located on a lot.
7-7 (b) If the commissioners court makes a written finding that
7-8 the subdivider who created the unplatted subdivision no longer owns
7-9 property in the subdivision, the commissioners court may grant a
7-10 delay or variance under this section only if:
7-11 (1) a majority of the lots in the subdivision were
7-12 sold before September 1, 1995;
7-13 (2) a majority of the resident purchasers in the
7-14 subdivision sign a petition supporting the delay or variance;
7-15 (3) the person requesting the delay or variance
7-16 submits to the commissioners court:
7-17 (A) a description of the water and sewer service
7-18 facilities that will be constructed or installed to service the
7-19 subdivision;
7-20 (B) a statement specifying the date by which the
7-21 water and sewer service facilities will be fully operational; and
7-22 (C) a statement signed by an engineer licensed
7-23 in this state certifying that the plans for the water and sewer
7-24 facilities meet the minimum state standards;
7-25 (4) the commissioners court finds that the unplatted
7-26 subdivision at the time the delay or variance is requested is
7-27 developed in a manner and to an extent that compliance with
7-28 specific platting requirements is impractical or contrary to the
7-29 health or safety of the residents of the subdivision; and
7-30 (5) the subdivider who created the unplatted
7-31 subdivision has not violated local law, federal law, or state law,
7-32 excluding this chapter, in subdividing the land for which the delay
7-33 or variance is requested, if the subdivider is the person
7-34 requesting the delay or variance.
7-35 (c) If the commissioners court makes a written finding that
7-36 the subdivider who created the unplatted subdivision owns property
7-37 in the subdivision, the commissioners court may grant a provisional
7-38 delay or variance only if the requirements of Subsection (b) are
7-39 satisfied. The commissioners court may issue a final grant of the
7-40 delay or variance only if, before the 91st day after the date the
7-41 commissioners court submits the record of its proceedings to the
7-42 attorney general as prescribed by Subsection (d), the commissioners
7-43 court:
7-44 (1) has not received objections from the attorney
7-45 general; and
7-46 (2) has filed a lien on the property in the
7-47 subdivision owned by the subdivider, excluding property subject to
7-48 a contract of sale or contract for deed, to recover the value of
7-49 platting the subdivision and providing infrastructure to the
7-50 property owned by the subdivider.
7-51 (d) If the commissioners court grants a delay or variance
7-52 under this section, the commissioners court shall:
7-53 (1) make findings specifying the reason compliance
7-54 with each requirement is impractical or contrary to the health or
7-55 safety of residents of the subdivision;
7-56 (2) keep a record of its proceedings and include in
7-57 the record documentation of the findings and the information
7-58 submitted under Subsection (b); and
7-59 (3) submit a copy of the record to the attorney
7-60 general.
7-61 (e) The failure of the attorney general to comment or object
7-62 to a delay or variance granted under this section does not
7-63 constitute a waiver of or consent to the validity of the delay or
7-64 variance granted.
7-65 (f) This section does not affect a civil suit filed against,
7-66 a criminal prosecution of, or the validity of a penalty imposed on
7-67 a subdivider for a violation of law, regardless of the date on
7-68 which the violation occurred.
7-69 SECTION 20. The heading to Subchapter C, Chapter 232, Local
8-1 Government Code, is amended to read as follows:
8-2 SUBCHAPTER C. [ALTERNATE] SUBDIVISION PLATTING REQUIREMENTS IN
8-3 CERTAIN [OTHER] ECONOMICALLY DISTRESSED COUNTIES
8-4 SECTION 21. Section 232.071, Local Government Code, is
8-5 amended to read as follows:
8-6 Sec. 232.071. APPLICABILITY. This subchapter applies only
8-7 to the subdivision of land located:
8-8 (1) outside the corporate limits of a municipality [or
8-9 the extraterritorial jurisdiction of a municipality]; and
8-10 (2) in a county:
8-11 (A) eligible for financial assistance under
8-12 Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
8-13 Code; and
8-14 (B) to which Subchapter B does not apply.
8-15 SECTION 22. Section 232.073, Local Government Code, is
8-16 amended to read as follows:
8-17 Sec. 232.073. APPROVAL BY COUNTY REQUIRED. (a) A plat
8-18 filed under Section 232.072 is not valid unless the commissioners
8-19 court of the county in which the land is located approves the plat
8-20 by an order entered in the minutes of the court. The commissioners
8-21 court shall refuse to approve a plat if it does not meet the
8-22 requirements prescribed by or under this subchapter or if any bond
8-23 required under this subchapter is not filed with the county clerk.
8-24 (b) The commissioners court of the county in which the land
8-25 is located may establish a planning commission as provided by
8-26 Subchapter D. The planning commission, including its findings and
8-27 decisions, is subject to the same provisions applicable to the
8-28 commissioners court under this subchapter, including Section
8-29 232.078 relating to conflicts of interest.
8-30 SECTION 23. Subchapter C, Chapter 232, Local Government
8-31 Code, is amended by adding Section 232.0775 to read as follows:
8-32 Sec. 232.0775. COUNTY INSPECTOR. (a) The commissioners
8-33 court may impose a fee on a subdivider of property under this
8-34 subchapter for an inspection of the property to ensure compliance
8-35 with the subdivision regulations adopted under this subchapter,
8-36 Section 16.343, Water Code, or other law.
8-37 (b) Fees collected under this section may be used only to
8-38 fund inspections conducted under this section.
8-39 SECTION 24. Section 232.080, Local Government Code, is
8-40 amended by adding Subsection (c) to read as follows:
8-41 (c) This subchapter is subject to the applicable enforcement
8-42 provisions prescribed by Sections 16.352, 16.353, 16.354, and
8-43 16.3545, Water Code.
8-44 SECTION 25. Chapter 232, Local Government Code, is amended
8-45 by adding Subchapter D to read as follows:
8-46 SUBCHAPTER D. COUNTY PLANNING COMMISSION
8-47 Sec. 232.091. APPLICABILITY. This subchapter applies only
8-48 to a county:
8-49 (1) authorized to establish a planning commission
8-50 under Subchapter B or C; and
8-51 (2) in which the commissioners court by order elects
8-52 to operate under this subchapter.
8-53 Sec. 232.092. ESTABLISHMENT AND ABOLITION OF PLANNING
8-54 COMMISSION. (a) To promote the general public welfare, the
8-55 commissioners court of a county by order may:
8-56 (1) establish a planning commission under this
8-57 section; and
8-58 (2) abolish a planning commission established under
8-59 this section.
8-60 (b) The commissioners court may authorize the planning
8-61 commission to act on behalf of the commissioners court in matters
8-62 relating to:
8-63 (1) the duties and authority of the commissioners
8-64 court under Subchapter A, B, or C; and
8-65 (2) land use, health and safety, planning and
8-66 development, or other enforcement provisions specifically
8-67 authorized by law.
8-68 (c) If the commissioners court establishes a planning
8-69 commission, the commissioners court by order shall adopt reasonable
9-1 rules and procedures necessary to administer this subchapter.
9-2 Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.
9-3 (a) The commissioners court may appoint a planning commission
9-4 consisting of five members. Members are appointed for staggered
9-5 terms of two years.
9-6 (b) A person appointed as a member of the planning
9-7 commission must be a citizen of the United States and reside in the
9-8 county.
9-9 (c) The commissioners court shall file with the county clerk
9-10 a certificate of appointment for each commission member.
9-11 (d) The commissioners court shall fill any vacancy on the
9-12 commission.
9-13 (e) Before a planning commission member undertakes the
9-14 duties of the office, the member must:
9-15 (1) take the official oath; and
9-16 (2) swear in writing that the member will promote the
9-17 interest of the county as a whole and not only a private interest
9-18 or the interest of a special group or location in the county.
9-19 (f) A member of the planning commission serves at the
9-20 pleasure of the commissioners court and is subject to removal as
9-21 provided by Chapter 87.
9-22 Sec. 232.094. FINANCIAL DISCLOSURE. (a) A member of the
9-23 planning commission shall file a financial disclosure report in the
9-24 same manner as required for county officers under Subchapter B,
9-25 Chapter 159.
9-26 (b) If the commissioners court of the county in which the
9-27 planning commission member serves has not adopted a financial
9-28 disclosure reporting system under Subchapter B, Chapter 159, the
9-29 planning commission member shall file a financial disclosure report
9-30 in the same manner as required for county officers under Subchapter
9-31 A, Chapter 159.
9-32 Sec. 232.095. OFFICERS, QUORUM, AND MEETINGS. (a) At the
9-33 first meeting of each calendar year, the planning commission shall
9-34 elect a presiding officer and assistant presiding officer. The
9-35 presiding officer presides over the meetings and executes all
9-36 documentation required on behalf of the planning commission. The
9-37 assistant presiding officer represents the presiding officer during
9-38 the presiding officer's absence.
9-39 (b) There is no limitation on the number of terms a member
9-40 may serve on the commission.
9-41 (c) Minutes of the planning commission's proceedings must be
9-42 filed with the county clerk or other county officer or employee
9-43 designated by the commissioners court. The minutes of the planning
9-44 commission's proceedings are a public record.
9-45 (d) The planning commission is subject to Chapters 551 and
9-46 552, Government Code.
9-47 (e) The planning commission may adopt rules necessary to
9-48 administer this subchapter. Rules adopted under this subsection
9-49 are subject to approval by the commissioners court.
9-50 Sec. 232.096. TIMELY APPROVAL OF PLATS. (a) The planning
9-51 commission shall issue a written list of the documentation and
9-52 other information that must be submitted with a plat application.
9-53 The documentation or other information must relate to a requirement
9-54 authorized by law. An application submitted to the planning
9-55 commission that contains the documents and other information on the
9-56 list is considered complete.
9-57 (b) If a person submits an incomplete plat application to
9-58 the planning commission, the planning commission or its designee
9-59 shall, not later than the 30th business day after the date the
9-60 planning commission or its designee receives the application,
9-61 notify the applicant of the missing documents or other information.
9-62 The planning commission or its designee shall allow an applicant to
9-63 timely submit the missing documents or other information.
9-64 (c) An application is considered complete on the date all
9-65 documentation and other information required by Subsection (a) is
9-66 received by the planning commission.
9-67 (d) If the approval of the plat is within the exclusive
9-68 jurisdiction of the planning commission, the planning commission
9-69 shall take final action on a plat application, including the
10-1 resolution of all appeals, not later than the 120th day after the
10-2 date a completed plat application is received by the planning
10-3 commission.
10-4 (e) The time period prescribed by Subsection (d) may be
10-5 extended for:
10-6 (1) a reasonable period if requested by the applicant;
10-7 and
10-8 (2) an additional 120 days if the county is required
10-9 under Chapter 2007, Government Code, to perform a takings impact
10-10 assessment in connection with a plat submitted for approval.
10-11 (f) The planning commission may not compel an applicant to
10-12 waive the time limits prescribed by this section.
10-13 (g) If the planning commission fails to take final action on
10-14 the completed plat application as required by this section, the
10-15 applicant may apply to a district court in the county in which the
10-16 land is located for an injunction to compel the planning commission
10-17 to approve or disapprove the plat. A planning commission enjoined
10-18 by a final order of a court under this subsection shall make a
10-19 decision approving or disapproving the plat not later than the 20th
10-20 business day after the date a copy of the injunction is served on
10-21 the presiding officer of the planning commission. If the planning
10-22 commission approves the plat, the planning commission, within the
10-23 20-day period prescribed by this subsection, shall:
10-24 (1) refund the greater of the unexpended portion of
10-25 any plat application fee or deposit or 50 percent of a plat
10-26 application fee or deposit that has been paid;
10-27 (2) determine the appropriate amount of any bond or
10-28 other financial guarantee required in connection with the plat
10-29 approval; and
10-30 (3) issue documents recognizing the plat's approval.
10-31 (h) Except as provided by this subsection, an approval of a
10-32 plat by the planning commission is final on the 31st day after the
10-33 date the planning commission votes to approve the plat. On the
10-34 request of a county commissioner, the commissioners court shall
10-35 review a plat approved by the planning commission not later than
10-36 the 30th day after the date the planning commission votes to
10-37 approve the plat. The commissioners court may disapprove the plat
10-38 if the plat fails to comply with state law or rules adopted by the
10-39 county or the planning commission. If the commissioners court
10-40 fails to take action within the 30-day period prescribed by this
10-41 subsection, the decision of the planning commission is final.
10-42 (i) In this section, "business day" means a day other than a
10-43 Saturday, Sunday, or holiday recognized by this state.
10-44 Sec. 232.097. REASONS FOR DISAPPROVAL OF PLAT REQUIRED. If
10-45 the planning commission refuses to approve a plat, the planning
10-46 commission shall provide to the person requesting approval a notice
10-47 specifying the reason for the disapproval.
10-48 SECTION 26. Subsections (a) and (b), Section 242.001, Local
10-49 Government Code, are amended to read as follows:
10-50 (a) This section applies only to a county operating under
10-51 Sections 232.001-232.005 or Subchapter B or C, Chapter 232.
10-52 (c) In the extraterritorial jurisdiction of a municipality,
10-53 the municipality may regulate subdivisions under Subchapter A of
10-54 Chapter 212 and other statutes applicable to municipalities, and
10-55 the county may regulate subdivisions under Sections
10-56 232.001-232.005, Subchapter B or C, Chapter 232, and other statutes
10-57 applicable to counties. If a municipal regulation conflicts with a
10-58 county regulation, the more stringent provisions prevail.
10-59 SECTION 27. Subsection (d), Section 12.002, Property Code,
10-60 is amended to read as follows:
10-61 (d) Except in the case of a subdivision located in a county
10-62 to which Subchapter B, Chapter 232 [an "affected county," as
10-63 defined by Section 232.021], Local Government Code, applies,
10-64 Subsection (c) does not apply to using a subdivision's description
10-65 in a contract to convey real property before the plat or replat of
10-66 the subdivision is approved and is filed for record with the county
10-67 clerk if:
10-68 (1) the conveyance is expressly contingent on approval
10-69 and recording of the final plat; and
11-1 (2) the purchaser is not given use or occupancy of the
11-2 real property conveyed before the recording of the final plat.
11-3 SECTION 28. Subchapter D, Chapter 5, Water Code, is amended
11-4 by adding Section 5.124 to read as follows:
11-5 Sec. 5.124. AUTHORITY TO AWARD GRANTS. (a) With the
11-6 consent of the commission, the executive director may award grants
11-7 for any purpose regarding resource conservation or environmental
11-8 protection in accordance with this section.
11-9 (b) The commission by rule shall establish procedures for
11-10 awarding a grant, for making any determination related to awarding
11-11 a grant, and for making grant payments.
11-12 (c) Each activity funded by a grant must directly relate to
11-13 a purpose specified in the grant. A grant may be awarded only for
11-14 a purpose consistent with the commission's jurisdiction and
11-15 purposes under law, including:
11-16 (1) the development or implementation of a
11-17 comprehensive conservation and management plan under Section 320,
11-18 Federal Water Pollution Control Act (33 U.S.C. Section 1330), for a
11-19 designated national estuary in this state;
11-20 (2) a demonstration project that involves new
11-21 techniques for pollution prevention, energy or resource
11-22 conservation, or waste management;
11-23 (3) an environmental purpose identified in a federal
11-24 grant that is intended as a pass-through grant;
11-25 (4) development or improvement of monitoring or
11-26 modeling techniques for water or air quality;
11-27 (5) support of a local air pollution program; or
11-28 (6) a study or program related to efforts to prevent
11-29 an area that is near nonattainment with federal air quality
11-30 standards from reaching nonattainment status.
11-31 (d) A grant may be awarded to any person that meets the
11-32 eligibility requirements of the grant. The executive director
11-33 shall establish eligibility requirements for each grant appropriate
11-34 to the purposes of and activities under the grant and the method of
11-35 selecting the recipient.
11-36 (e) Selection of grant recipients must be by solicitation of
11-37 a proposal or application except as provided by Subsections (f) and
11-38 (g). The executive director may specify any selection criterion
11-39 the executive director considers relevant to the grant. Selection
11-40 criteria must address:
11-41 (1) evaluation and scoring of:
11-42 (A) fiscal controls;
11-43 (B) project effectiveness;
11-44 (C) project cost; and
11-45 (D) previous experience with grants and
11-46 contracts; and
11-47 (2) the possibility and method of making multiple
11-48 awards.
11-49 (f) A grant may be made by direct award only if:
11-50 (1) the executive director determines that:
11-51 (A) selection of recipients by the solicitation
11-52 of proposals or applications is not feasible; and
11-53 (B) awarding the grant directly is in the best
11-54 interest of the state;
11-55 (2) eligibility for the grant is limited to:
11-56 (A) an agency or political subdivision of this
11-57 state or of another state;
11-58 (B) a state institution of higher learning of
11-59 this state or of another state, including any part or service of
11-60 the institution; or
11-61 (C) an agency of the United States; or
11-62 (3) the grant is awarded to a person established or
11-63 authorized to develop or implement a comprehensive conservation and
11-64 management plan under Section 320, Federal Water Pollution Control
11-65 Act (33 U.S.C. Section 1330), for a national estuary in this state.
11-66 (g) If a solicitation of a proposal is made for the purpose
11-67 of identifying a partner for a joint application for a federal
11-68 grant that is subsequently awarded to the commission, the executive
11-69 director is not required to make an additional solicitation for
12-1 entering into a pass-through grant with an identified partner.
12-2 (h) The executive director shall publish information
12-3 regarding a solicitation related to a grant to be awarded under
12-4 this section on the commission's electronic business daily in the
12-5 manner provided by Section 2155.074, Government Code, as added by
12-6 Section 1, Chapter 508, Acts of the 75th Legislature, Regular
12-7 Session, 1997.
12-8 (i) For a grant awarded under this section, the commission
12-9 may use:
12-10 (1) money appropriated for grant-making purposes;
12-11 (2) federal money granted for making pass-through
12-12 grants; and
12-13 (3) state or federal grant money appropriated for a
12-14 purpose that the executive director determines is consistent with a
12-15 purpose of the grant from the commission.
12-16 SECTION 29. Subdivision (26), Section 13.002, Water Code, is
12-17 amended to read as follows:
12-18 (26) "Affected county" is a county to which Subchapter
12-19 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
12-20 Government Code, applies.
12-21 SECTION 30. Section 13.241, Water Code, is amended by adding
12-22 Subsection (e) to read as follows:
12-23 (e) The commission by rule shall develop a standardized
12-24 method for determining under Section 13.246(f) which of two or more
12-25 retail public utilities or water supply or sewer service
12-26 corporations that apply for a certificate of public convenience and
12-27 necessity to provide water or sewer utility service to an
12-28 uncertificated area located in an economically distressed area is
12-29 more capable financially, managerially, and technically of
12-30 providing continuous and adequate service. In this subsection,
12-31 "economically distressed area" has the meaning assigned by Section
12-32 15.001.
12-33 SECTION 31. Section 13.246, Water Code, is amended by
12-34 amending Subsection (e) and adding Subsections (f) and (g) to read
12-35 as follows:
12-36 (e) Where applicable, in addition to the other factors in
12-37 this section the commission shall consider the efforts of the
12-38 applicant:
12-39 (1) to extend service to any economically distressed
12-40 areas located within the service areas certificated to the
12-41 applicant; and
12-42 (2) to enforce the rules adopted under Section 16.343.
12-43 [For the purposes of this subsection, "economically distressed
12-44 area" has the meaning assigned by Section 15.001.]
12-45 (f) If two or more retail public utilities or water supply
12-46 or sewer service corporations apply for a certificate of public
12-47 convenience and necessity to provide water or sewer utility service
12-48 to an uncertificated area located in an economically distressed
12-49 area and otherwise meet the requirements for obtaining a new
12-50 certificate, the commission shall grant the certificate to the
12-51 retail public utility or water supply or sewer service corporation
12-52 that is more capable financially, managerially, and technically of
12-53 providing continuous and adequate service subject to judicial
12-54 review under Section 13.381.
12-55 (g) In this section, "economically distressed area" has the
12-56 meaning assigned by Section 15.001.
12-57 SECTION 32. Section 13.381, Water Code, is amended to read
12-58 as follows:
12-59 Sec. 13.381. RIGHT TO JUDICIAL REVIEW; EVIDENCE. (a) Except
12-60 as provided by Subsection (b), any [Any] party to a proceeding
12-61 before the commission is entitled to judicial review under the
12-62 substantial evidence rule.
12-63 (b) A retail public utility or water supply or sewer service
12-64 corporation that is denied a certificate of public convenience and
12-65 necessity to provide water or sewer utility service to an
12-66 uncertificated area located in an economically distressed area on
12-67 the ground that another retail public utility or water supply or
12-68 sewer service corporation is more capable financially,
12-69 managerially, and technically of providing continuous and adequate
13-1 service may file a motion for rehearing as provided by Section
13-2 2001.146, Government Code. In this subsection, "economically
13-3 distressed area" has the meaning assigned by Section 15.001.
13-4 SECTION 33. Section 15.407, Water Code, is amended by adding
13-5 new Subsections (c) and (d), relettering existing Subsections (c),
13-6 (d), (e), (f), and (g) as Subsections (e), (f), (g), (h), and (i),
13-7 and adding Subsection (j) to read as follows:
13-8 (c) The selection process used by a political subdivision to
13-9 procure engineering services necessary for facility engineering is
13-10 subject to review by and approval of the executive administrator.
13-11 The executive administrator may assist a political subdivision in
13-12 the selection of the provider of engineering services necessary for
13-13 facility engineering in economically distressed areas.
13-14 (d) The board shall adopt rules governing the procurement of
13-15 facility engineering services by a political subdivision awarded
13-16 funds under this subchapter and may adopt other rules necessary to
13-17 carry out the board's powers and duties under this subchapter.
13-18 (e) A political subdivision that desires money from the
13-19 research and planning fund for facility engineering in an
13-20 economically distressed area shall submit a written application to
13-21 the board in the manner and form required by board rules.
13-22 (f) [(d)] The application shall include:
13-23 (1) the name of the political subdivision;
13-24 (2) a citation to the laws under which the political
13-25 subdivision was created and is operating;
13-26 (3) the amount requested from the board for facility
13-27 engineering in an economically distressed area; and
13-28 (4) any other information required by the board in its
13-29 rules or specifically requested by the board.
13-30 (g) [(e)] After notice and hearing, the board may award the
13-31 applicant all or part of the requested funds that are considered
13-32 necessary by the board for the political subdivision to carry out
13-33 adequate facility engineering in an economically distressed area.
13-34 (h) [(f)] If the board grants an application under this
13-35 section and awards funds for facility engineering in an
13-36 economically distressed area, the board shall enter into a contract
13-37 with the political subdivision that includes:
13-38 (1) a detailed statement of the purpose for which the
13-39 money is to be used;
13-40 (2) the total amount of money to be paid from the
13-41 research and planning fund under the contract; and
13-42 (3) any other terms and conditions required by board
13-43 rules or agreed to by the contracting parties.
13-44 (i) [(g)] If, after submission of an application under this
13-45 section, a county has an increase in average per capita income or a
13-46 decrease in unemployment rate average so that the county no longer
13-47 meets the definition of an affected county in Section 16.341, the
13-48 political subdivision that submits the application continues to be
13-49 eligible for the funds under this section, and the board shall
13-50 process the application for facility engineering and, if the
13-51 application is approved, shall provide funds for the facility
13-52 engineering plan to the political subdivision.
13-53 (j) If the board determines that planning activities
13-54 undertaken by a political subdivision for which the board has
13-55 committed funds under this subchapter have been inadequate or not
13-56 completed in a timely manner, the board may terminate the contract
13-57 with the political subdivision and on behalf of and in consultation
13-58 with the political subdivision may perform or contract for facility
13-59 engineering in the economically distressed area.
13-60 SECTION 34. Subsection (a), Section 16.343, Water Code, is
13-61 amended to read as follows:
13-62 (a) The board [Texas Natural Resource Conservation
13-63 Commission] shall, [in conjunction with the board and] after
13-64 consultation with the attorney general and the commission, prepare
13-65 and adopt model rules to assure that minimum standards for safe and
13-66 sanitary water supply and sewer services in residential areas of
13-67 political subdivisions, including rules of any state agency
13-68 relating to septic tanks and other waste disposal systems, are met.
13-69 SECTION 35. Subsection (b), Section 16.345, Water Code, is
14-1 amended to read as follows:
14-2 (b) In addition to any other authority to issue bonds or
14-3 other obligations or incur any debt, an affected county or another
14-4 [a] political subdivision, other than a nonprofit water supply
14-5 corporation, eligible for financial assistance under Subchapter K,
14-6 Chapter 17, of this code may issue bonds payable from and secured
14-7 by a pledge of the revenues derived or to be derived from the
14-8 operation of water supply or sewer service systems for the purpose
14-9 of acquiring, constructing, improving, extending, or repairing
14-10 water supply or sewer facilities. The bonds shall be issued in
14-11 accordance with and an affected county or another [a] political
14-12 subdivision may exercise the powers granted by: Articles 1111
14-13 through 1118, Revised Statutes; Chapters 249 and 250, Acts of the
14-14 51st Legislature, Regular Session, 1949 (Articles 1111a and 1111b,
14-15 Vernon's Texas Civil Statutes); Chapter 428, Acts of the 52nd
14-16 Legislature, 1951 (Article 1111c, Vernon's Texas Civil Statutes);
14-17 Chapter 122, Acts of the 43rd Legislature, Regular Session, 1933
14-18 (Articles 1114a, 1114b, and 1114c, Vernon's Texas Civil Statutes);
14-19 and Chapter 56, Acts of the 45th Legislature, 2nd Called Session,
14-20 1937 (Article 1114d, Vernon's Texas Civil Statutes); by the Bond
14-21 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
14-22 Statutes); by Chapter 656, Acts of the 68th Legislature, Regular
14-23 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes); and by
14-24 other laws of the state.
14-25 SECTION 36. Subchapter J, Chapter 16, Water Code, is amended
14-26 by adding Sections 16.352, 16.353, 16.3535, 16.354, and 16.3545 to
14-27 read as follows:
14-28 Sec. 16.352. ENFORCEMENT OF RULES. A person who violates a
14-29 rule adopted by a municipality or county under this subchapter or
14-30 under Subchapter B or C, Chapter 232, Local Government Code, is
14-31 liable to the municipality or county for a civil penalty of not
14-32 less than $500 and not more than $1,000 for each violation and for
14-33 each day of a violation. The maximum civil penalty that may accrue
14-34 each day is $5,000. The appropriate attorney representing the
14-35 municipality or county may sue to collect the penalty. The
14-36 recovered penalty shall be deposited in the general fund of the
14-37 municipality or county.
14-38 Sec. 16.353. INJUNCTION. (a) In addition to any other
14-39 remedy, the attorney general, the municipal attorney of the
14-40 municipality in which a violation under Section 16.352 occurs, or
14-41 the county or district attorney of the county in which a violation
14-42 under Section 16.352 occurs may apply to a district court for, and
14-43 the district court may grant, the state or the political
14-44 subdivision an appropriate prohibitory or mandatory order,
14-45 including a temporary restraining order or a temporary or permanent
14-46 injunction, enjoining a violation of this subchapter, the rules
14-47 described by Section 16.352, or Subchapter B or C, Chapter 232,
14-48 Local Government Code.
14-49 (b) An injunction issued under this section may be issued
14-50 without the requirement of a bond or other undertaking.
14-51 Sec. 16.3535. DAMAGES. In addition to any other remedy, the
14-52 attorney general or the county or district attorney of the county
14-53 in which a violation under Section 16.352 occurs may apply to a
14-54 district court for, and the district court may grant, monetary
14-55 damages to cover the cost of enforcing this subchapter, rules
14-56 adopted under this subchapter, or Subchapter B or C, Chapter 232,
14-57 Local Government Code.
14-58 Sec. 16.354. ATTORNEY GENERAL ENFORCEMENT. In addition to
14-59 the ability of any political subdivision to enforce this
14-60 subchapter, the attorney general may file suit to:
14-61 (1) enforce a rule adopted under Section 16.350;
14-62 (2) recover a civil penalty under Section 16.352;
14-63 (3) obtain injunctive relief under Section 16.353;
14-64 (4) recover damages under Section 16.3535;
14-65 (5) enforce a political subdivision's rules, recover
14-66 any penalty, recover any damages, and obtain any injunctive relief;
14-67 or
14-68 (6) recover attorney's fees, investigative costs, and
14-69 court costs.
15-1 Sec. 16.3545. VENUE. A suit brought under this subchapter
15-2 for injunctive relief or the recovery of a civil penalty or damages
15-3 may be brought in a district court in:
15-4 (1) the county in which the defendant resides;
15-5 (2) the county in which the alleged violation or
15-6 threat of violation occurs; or
15-7 (3) Travis County.
15-8 SECTION 37. Subchapter J, Chapter 16, Water Code, is amended
15-9 by adding Section 16.356 to read as follows:
15-10 Sec. 16.356. USE OF REVENUE FROM OPERATION OF WATER SUPPLY
15-11 OR SEWER SERVICE PROJECTS. (a) A political subdivision that
15-12 receives financial assistance from the economically distressed
15-13 areas program under Subchapter K, Chapter 17, may not use any
15-14 revenue received from fees collected from a water supply or sewer
15-15 service constructed in whole or in part from funds from the
15-16 economically distressed areas program account for purposes other
15-17 than utility purposes. The annual financial statement prepared by
15-18 a municipality under Section 103.001, Local Government Code, must
15-19 include a specific report on compliance with this section.
15-20 (b) At the request of the board or on the attorney general's
15-21 own initiative, the attorney general may file suit to enjoin an
15-22 actual or threatened violation of this section.
15-23 SECTION 38. Subsection (b), Section 17.927, Water Code, is
15-24 amended to read as follows:
15-25 (b) The application and plan must:
15-26 (1) comply with board requirements;
15-27 (2) describe in detail the method for delivering water
15-28 supply and sewer services and the persons to whom the services will
15-29 be provided;
15-30 (3) describe the method for complying with minimum
15-31 state standards for water supply and sewer services adopted by the
15-32 board under Section 16.342 of this code;
15-33 (4) include a budget that estimates the total cost of
15-34 providing water supply and sewer services to the economically
15-35 distressed area and a proposed schedule and method for repayment of
15-36 financial assistance consistent with board rules and guidelines;
15-37 (5) describe existing water supply and sewer
15-38 facilities located in the economically distressed area and include
15-39 with the description:
15-40 (A) the county map required by Section 366.036,
15-41 Health and Safety Code; or
15-42 (B) a document prepared and certified by an
15-43 engineer registered to practice in this state describing the plan
15-44 for providing water supply and sewer services to the economically
15-45 distressed area;
15-46 (6) provide proof that the appropriate political
15-47 subdivision has adopted the model rules developed under Section
15-48 16.343 of this code;
15-49 (7) include information on the ability of potential
15-50 customers to pay for the services provided by the project including
15-51 composite data prepared by the applicant pursuant to board rules
15-52 and guidelines from surveys of those potential customers covering
15-53 income, family size, personal expenses, employment status, and
15-54 other information required by board rule;
15-55 (8) include an estimate of the per household cost of
15-56 providing the services contemplated by the project with supporting
15-57 data;
15-58 (9) describe the procedures to be used to collect
15-59 money from residents who use the proposed water supply and sewer
15-60 services including procedures for collection of delinquent
15-61 accounts;
15-62 (10) include a requirement that a contractor who
15-63 agrees to acquire, construct, extend, or provide water supply and
15-64 sewer services executes a performance bond in the amount of 100
15-65 percent of the contract price;
15-66 (11) contain an agreement to comply with applicable
15-67 procurement procedures in contract awards for water supply and
15-68 sewer services;
15-69 (12) if located in the service area of a retail public
16-1 utility or public utility that has a certificate of public
16-2 convenience and necessity under Chapter 13 of this code, include a
16-3 document in the form of an affidavit signed by the chief executive
16-4 officer of the utility, which shall cooperate with the political
16-5 subdivision, stating that the utility does not object to the
16-6 construction and operation of the services and facilities in its
16-7 service area;
16-8 (13) include a map of the economically distressed area
16-9 together with supporting information relating to dwellings in the
16-10 area;
16-11 (14) describe in detail the methods for incorporating
16-12 water conservation into the provision of water and sewer services
16-13 to the economically distressed area; [and]
16-14 (15) include, on request of the board, a written
16-15 determination by the commission on the managerial, financial, and
16-16 technical capacity of the applicant to operate the system for which
16-17 assistance is being requested; and
16-18 (16) include any other information required by the
16-19 board.
16-20 SECTION 39. Subsections (b) and (c), Section 17.930, Water
16-21 Code, are amended to read as follows:
16-22 (b) After making the considerations provided by Section
16-23 17.929 of this code, the board by resolution shall:
16-24 (1) approve [or disapprove] the plan and application
16-25 as submitted;
16-26 (2) approve the plan and application subject to the
16-27 requirements identified by the commission for the applicant to
16-28 obtain the managerial, financial, and technical capacity to operate
16-29 the system and any other requirements the board considers
16-30 appropriate;
16-31 (3) deny the application and identify the requirements
16-32 or remedial steps the applicant must complete before the applicant
16-33 may be reconsidered for financial assistance;
16-34 (4) if the board finds that the applicant will be
16-35 unable to obtain the managerial, financial, or technical capacity
16-36 to build and operate a system, deny the application and issue a
16-37 determination that a service provider other than the applicant is
16-38 necessary or appropriate to undertake the proposed project; or
16-39 (5) deny the application.
16-40 (c) The board [and] shall notify the applicant in writing of
16-41 its decision.
16-42 (d) [(c)] The board may require the applicant to provide
16-43 local funds in an amount approved by the board under this
16-44 subchapter, and the board shall provide the remaining funds from
16-45 the economically distressed areas account.
16-46 SECTION 40. Subdivision (20), Section 26.001, Water Code, as
16-47 added by Section 23, Chapter 979, Acts of the 74th Legislature,
16-48 Regular Session, 1995, is amended to read as follows:
16-49 (20) "Affected county" is a county to which Subchapter
16-50 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
16-51 Government Code, applies.
16-52 SECTION 41. Subdivision (26), Section 26.001, Water Code, as
16-53 added by Section 24, Chapter 979, Acts of the 74th Legislature,
16-54 Regular Session, 1995, is amended to read as follows:
16-55 (26) "Affected county" is a county to which Subchapter
16-56 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
16-57 Government Code, applies.
16-58 SECTION 42. Title 7, Government Code, is amended by adding
16-59 Chapter 775 to read as follows:
16-60 CHAPTER 775. COORDINATION OF COLONIA INITIATIVES
16-61 Sec. 775.001. DEFINITIONS. In this chapter:
16-62 (1) "Agency" means a state office, institution, or
16-63 other state governmental entity.
16-64 (2) "Colonia" means a geographic area that:
16-65 (A) is an economically distressed area as
16-66 defined by Section 17.921, Water Code; and
16-67 (B) is located in a county any part of which is
16-68 within 50 miles of an international border.
16-69 Sec. 775.002. INTERAGENCY COORDINATION OF COLONIA
17-1 INITIATIVES. (a) The governor may designate an agency to act as
17-2 the state's colonia initiatives coordinator.
17-3 (b) If appointed under Subsection (a), the colonia
17-4 initiatives coordinator shall coordinate colonia initiatives within
17-5 the agency and with the other agencies and local officials involved
17-6 in colonia projects in the state.
17-7 (c) The colonia initiatives coordinator may work with the
17-8 other agencies and local officials involved in colonia projects in
17-9 the state to:
17-10 (1) coordinate efforts to address colonia issues;
17-11 (2) identify nonprofit self-help groups to help with
17-12 colonia initiatives;
17-13 (3) set goals for each state fiscal year for colonia
17-14 initiatives in the state, including goals to:
17-15 (A) address easement problems; and
17-16 (B) ensure that water and wastewater connections
17-17 are extended from distribution lines to houses located in colonias;
17-18 and
17-19 (4) ensure that the goals set under this subsection
17-20 are met each state fiscal year.
17-21 (d) The following agencies shall designate an officer or
17-22 employee of the agency to serve as the agency's liaison for colonia
17-23 initiatives:
17-24 (1) the office of the attorney general;
17-25 (2) the Texas Department of Health;
17-26 (3) the Texas Department of Housing and Community
17-27 Affairs;
17-28 (4) the Texas Natural Resource Conservation
17-29 Commission; and
17-30 (5) the Texas Water Development Board.
17-31 (e) Each agency's liaison for colonia initiatives under
17-32 Subsection (d) must be a deputy executive director or a person of
17-33 equivalent or higher authority at the agency. This subsection does
17-34 not authorize the creation of a new position for colonia
17-35 coordination at a state agency.
17-36 Sec. 775.003. COLONIA OMBUDSMAN PROGRAM. The colonia
17-37 initiatives coordinator may appoint a colonia ombudsman in each of
17-38 the six border counties that the coordinator determines have the
17-39 largest colonia populations.
17-40 SECTION 43. Section 3, The Plumbing License Law (Article
17-41 6243-101, Vernon's Texas Civil Statutes), is amended to read as
17-42 follows:
17-43 Sec. 3. ACTS PERMITTED WITHOUT A LICENSE. The following
17-44 acts, work and conduct shall be expressly permitted without
17-45 license:
17-46 (a) Plumbing work done by a property owner in a
17-47 building owned or occupied by him as his homestead;
17-48 (b) Plumbing work done outside the municipal limits of
17-49 any organized city, town or village in this state, or within any
17-50 such city, town or village of less than five thousand (5,000)
17-51 inhabitants, unless required by ordinance in such city, town or
17-52 village of less than five thousand (5,000) inhabitants;
17-53 (c) Plumbing work done by anyone who is regularly
17-54 employed as or acting as a maintenance man or maintenance engineer,
17-55 incidental to and in connection with the business in which he is
17-56 employed or engaged, and who does not engage in the occupation of a
17-57 plumber for the general public; construction, installation and
17-58 maintenance work done upon the premises or equipment of a railroad
17-59 by an employee thereof who does not engage in the occupation of a
17-60 plumber for the general public; and plumbing work done by persons
17-61 engaged by any public service company in the laying, maintenance
17-62 and operation of its service mains or lines to the point of
17-63 measurement and the installation, alteration, adjustment, repair,
17-64 removal and renovation of all types of appurtenances, equipment and
17-65 appliances, including doing all that is necessary to render the
17-66 appliances useable or serviceable; appliance installation and
17-67 service work done by anyone who is an appliance dealer or is
17-68 employed by an appliance dealer, and acting as an appliance
17-69 installation man or appliance service man in connecting appliances
18-1 to existing piping installations; water treatment installations,
18-2 exchanges, services, or repairs. Provided, however, that all work
18-3 and service herein named or referred to shall be subject to
18-4 inspection and approval in accordance with the terms of all local
18-5 valid city or municipal ordinances;
18-6 (d) Plumbing work done by an [a licensed] irrigator
18-7 licensed under Chapter 34, Water Code, or an [licensed] installer
18-8 licensed under Chapter 33, Water Code [when working and licensed
18-9 under Chapter 197, Acts of the 66th Legislature, Regular Session,
18-10 1979 (Article 8751, Vernon's Texas Civil Statutes)]. A person
18-11 holding a valid license from the Texas State Board of Plumbing
18-12 Examiners shall not be required to be licensed by any other board
18-13 or agency when installing or working on a lawn irrigation system;
18-14 (e) Plumbing work done by an LP Gas installer when
18-15 working and licensed under Chapter 113, Natural Resources Code, as
18-16 amended;
18-17 (f) Plumbing work, limited to the provision of a
18-18 residential potable water supply or residential sanitary sewer
18-19 connections, for a project in a geographic area that is located in
18-20 a county any part of which is within 50 miles of an international
18-21 border that is done by an organization that:
18-22 (1) is certified by the Texas Natural Resource
18-23 Conservation Commission to provide "self-help" project assistance;
18-24 and
18-25 (2) provides the board with the following
18-26 information before the 30th day before the date the project begins:
18-27 (A) a specific project location;
18-28 (B) the intended duration of the project;
18-29 and
18-30 (C) other information the board may
18-31 require.
18-32 SECTION 44. On or before November 1, 1999, the agencies
18-33 designated by Subsection (d), Section 775.002, Government Code, as
18-34 added by this Act, shall designate an officer or employee to serve
18-35 as that agency's colonia initiative liaison as provided by that
18-36 section.
18-37 SECTION 45. (a) The changes in law made by Section 5.124,
18-38 Water Code, as added by this Act, apply only to a grant made by the
18-39 Texas Natural Resource Conservation Commission on or after the
18-40 effective date of this Act and to a grant being considered by the
18-41 Texas Natural Resource Conservation Commission on the effective
18-42 date of this Act.
18-43 (b) The changes in law made by Section 5.124, Water Code, as
18-44 added by this Act, do not affect the validity of or apply to a
18-45 grant the Texas Natural Resource Conservation Commission made
18-46 before the effective date of this Act.
18-47 (c) The Texas Natural Resource Conservation Commission may
18-48 award a grant that, on the effective date of this Act, is being
18-49 considered under, or for which a solicitation for proposals has
18-50 been issued or an application has been received under, authority
18-51 other than Section 5.124, Water Code, as added by this Act:
18-52 (1) under the other authority without regard to the
18-53 requirements of Section 5.124, Water Code; or
18-54 (2) under the authority of Section 5.124, Water Code,
18-55 notwithstanding that the grant was considered, the solicitation was
18-56 issued, or the application was received under the other authority.
18-57 SECTION 46. The changes in law made by this Act to Sections
18-58 13.241, 13.246, and 13.381, Water Code, apply only to an
18-59 application for a new certificate of public convenience and
18-60 necessity filed on or after the effective date of this Act. An
18-61 application for a new certificate of public convenience and
18-62 necessity filed before the effective date of this Act is governed
18-63 by the law in effect on the date the application was filed, and
18-64 that law is continued in effect for that purpose.
18-65 SECTION 47. The changes in law made by this Act to Sections
18-66 15.407, 17.927, and 17.930, Water Code, apply only to:
18-67 (1) an application for assistance under those
18-68 provisions that is pending before or submitted to the Texas Water
18-69 Development Board on or after September 1, 1999; and
19-1 (2) a contract under Section 15.407, Water Code,
19-2 regardless of the date the contract was made.
19-3 SECTION 48. (a) The change in law made by this Act by
19-4 adding Section 16.352, Water Code, applies only to the violation of
19-5 a rule adopted by a municipality or county under Subchapter J,
19-6 Chapter 16, Water Code, or Section 232.030, Local Government Code,
19-7 that occurs on or after the effective date of this Act. For
19-8 purposes of this section, a violation occurs before the effective
19-9 date of this Act if any element of the violation occurs before that
19-10 date.
19-11 (b) A violation of a rule adopted by a municipality or
19-12 county under Subchapter J, Chapter 16, Water Code, or Section
19-13 232.030, Local Government Code, that occurs before the effective
19-14 date of this Act is governed by the law in effect when the
19-15 violation occurred, and the former law is continued in effect for
19-16 that purpose.
19-17 SECTION 49. The change in law made by Section 16.356, Water
19-18 Code, as added by this Act, applies only to a political subdivision
19-19 subject to that section beginning on the first day of the fiscal
19-20 year of the political subdivision that begins on or after the
19-21 effective date of this Act.
19-22 SECTION 50. This Act takes effect September 1, 1999.
19-23 SECTION 51. The importance of this legislation and the
19-24 crowded condition of the calendars in both houses create an
19-25 emergency and an imperative public necessity that the
19-26 constitutional rule requiring bills to be read on three several
19-27 days in each house be suspended, and this rule is hereby suspended.
19-28 * * * * *