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                                 * * * * *