SRC-SEW H.B. 3604 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3604
By: Najera (Shapleigh)
Intergovernmental Relations
5/9/2001
Engrossed


DIGEST AND PURPOSE 

In 1999, the legislature authorized an electric, gas, water, or sewer
service utility to provide services if the utility received a certificate
issued by the commissioners court. The certificate must state that the
subdivided land was purchased before September 1, 1995; is located in a
subdivision in which the utility has previously provided service; and is
the site of construction of a residence that was begun on or before May 1,
1997. These provisions and restrictions also apply to extraterritorial
jurisdictions (ETJ). The 1999 legislation may have made it difficult for
persons who bought land in an ETJ between September 1, 1995, and September
1, 1999, to obtain a certificate for utility service. H.B. 3604 authorizes
a utility to provide service to land located in a subdivision in which the
utility has previously provided service if the utility is provided with a
certificate issued by a commissioners court that states that the land in an
ETJ was sold or conveyed to the person requesting service before September
1, 1999, and construction of a residence was begun on the land on or before
May 1, 2003, if the subdivided land was located in the ETJ on August 31,
1999.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 232.029(c), (e), and (f), Local Government
Code, as follows: 

(c)  Authorizes an electric, gas, water, or sewer service utility to serve
or connect subdivided land with water, sewer, electricity, gas, or other
utility service regardless of whether the utility receives a certificate
issued by the commissioners court under Section 232.028(a) or receives a
determination from the commissioners court under Section 232.028(b) if the
utility is provided with a certificate issued by the commissioners court
that makes certain statements. 
  
(e)  Authorizes a person requesting service to obtain a certificate under
Subsection (c)(1) only if the person provides to the commissioners court
certain items.   
  
(f)  Authorizes a person requesting service to obtain a certificate under
Subsection (c)(2) only if the person provides to the commissioners court a
certain affidavit.  
 
SECTION 2.  Effective date:  September 1, 2001.