By Najera H.B. No. 652
77R531 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of electric utility service in certain
1-3 counties near an international border.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 212.012(c), Local Government Code, is
1-6 amended to read as follows:
1-7 (c) An entity described by Subsection (b) may serve or
1-8 connect land with water, sewer, electricity, gas, or other utility
1-9 service regardless of whether the entity is presented with or
1-10 otherwise holds a certificate applicable to the land issued under
1-11 Section 212.0115 if:
1-12 (1) the land is covered by a development plat approved
1-13 under Subchapter B or under an ordinance or rule relating to the
1-14 development plat;
1-15 (2) the land was first served or connected with
1-16 service by an entity described by Subsection (b)(1), (b)(2), or
1-17 (b)(3) before September 1, 1987;
1-18 (3) the land was first served or connected with
1-19 service by an entity described by Subsection (b)(4), (b)(5), or
1-20 (b)(6) before September 1, 1989; or
1-21 (4) the municipal authority responsible for approving
1-22 plats issues a certificate stating that:
1-23 (A) the land:
1-24 (i) before September 1, 1995, was sold or
2-1 conveyed to the person requesting service by any means of
2-2 conveyance, including a contract for deed or executory contract;
2-3 (ii) is located in a subdivision in which
2-4 the entity has previously provided service;
2-5 (iii) is located outside the limits of the
2-6 municipality;
2-7 (iv) is located in a county to which
2-8 Subchapter B, Chapter 232, applies; and
2-9 (v) is the site of construction of a
2-10 residence, evidenced by at least the existence of a completed
2-11 foundation, that was begun on or before May 1, 1997; or
2-12 (B) the land was not subdivided after September
2-13 1, 1995, and:
2-14 (i) water service is available within 750
2-15 feet of the subdivided land; [or]
2-16 (ii) water service is available more than
2-17 750 feet from the subdivided land and the extension of water
2-18 service to the land may be feasible, subject to a final
2-19 determination by the water service provider; or
2-20 (iii) for subdivided land located outside
2-21 the limits of the municipality and located in a county to which
2-22 Subchapter B, Chapter 232, applies, extension of water service to
2-23 the land is not feasible, but adequate alternative sources of water
2-24 exist so that lack of water service does not pose a threat to the
2-25 public health, safety, or welfare, as determined by the municipal
2-26 authority, and the utility seeking to serve or connect the land is
2-27 an electric utility.
3-1 SECTION 2. Section 232.029(c), Local Government Code, is
3-2 amended to read as follows:
3-3 (c) An electric, gas, water, or sewer service utility may
3-4 serve or connect subdivided land with water, sewer, electricity,
3-5 gas, or other utility service regardless of whether the utility
3-6 receives a certificate issued by the commissioners court under
3-7 Section 232.028(a) or receives a determination from the
3-8 commissioners court under Section 232.028(b) if the utility is
3-9 provided with a certificate issued by the commissioners court that
3-10 states that:
3-11 (1) the subdivided land:
3-12 (A) before September 1, 1995, was sold or
3-13 conveyed to the person requesting service by any means of
3-14 conveyance, including a contract for deed or executory contract;
3-15 (B) is located in a subdivision in which the
3-16 utility has previously provided service; and
3-17 (C) is the site of construction of a residence,
3-18 evidenced by at least the existence of a completed foundation, that
3-19 was begun on or before May 1, 1997; or
3-20 (2) the land was not subdivided after September 1,
3-21 1995, and:
3-22 (A) water service is available within 750 feet
3-23 of the subdivided land; [or]
3-24 (B) water service is available more than 750
3-25 feet from the subdivided land and the extension of water service to
3-26 the land may be feasible, subject to a final determination by the
3-27 water service provider; or
4-1 (C) extension of water service to the subdivided
4-2 land is not feasible, but adequate alternative sources of water
4-3 exist so that lack of water service does not pose a threat to the
4-4 public health, safety, or welfare, as determined by the
4-5 commissioners court, and the utility seeking to serve or connect
4-6 the land is an electric utility.
4-7 SECTION 3. This Act takes effect immediately if it receives
4-8 a vote of two-thirds of all the members elected to each house, as
4-9 provided by Section 39, Article III, Texas Constitution. If this
4-10 Act does not receive the vote necessary for immediate effect, this
4-11 Act takes effect September 1, 2001.