1-1                                   AN ACT
 1-2     relating to the requirements for the connection of land to utility
 1-3     service in certain subdivisions in certain counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 232.029(c), (e), and (f), Local
 1-6     Government Code, are amended to read as follows:
 1-7           (c)  An electric, gas, water, or sewer service utility may
 1-8     serve or connect subdivided land with water, sewer, electricity,
 1-9     gas, or other utility service regardless of whether the utility
1-10     receives a certificate issued by the commissioners court under
1-11     Section 232.028(a) or receives a determination from the
1-12     commissioners court under Section 232.028(b) if the utility is
1-13     provided with a certificate issued by the commissioners court that
1-14     states that:
1-15                 (1)  the subdivided land:
1-16                       (A)  [before September 1, 1995,] was sold or
1-17     conveyed to the person requesting service by any means of
1-18     conveyance, including a contract for deed or executory contract:
1-19                             (i)  before September 1, 1995; or
1-20                             (ii)  before September 1, 1999, if the
1-21     subdivided land on August 31, 1999, was located in the
1-22     extraterritorial jurisdiction of a municipality as determined by
1-23     Chapter 42;
1-24                       (B)  is located in a subdivision in which the
 2-1     utility has previously provided service; and
 2-2                       (C)  is the site of construction of a residence,
 2-3     evidenced by at least the existence of a completed foundation, that
 2-4     was begun:
 2-5                             (i)  on or before May 1, 1997; or
 2-6                             (ii)  on or before May 1, 2003, if the
 2-7     subdivided land on August 31, 1999, was located in the
 2-8     extraterritorial jurisdiction of a municipality as determined by
 2-9     Chapter 42; or
2-10                 (2)  the land was not subdivided after September 1,
2-11     1995, and:
2-12                       (A)  water service is available within 750 feet
2-13     of the subdivided land; or
2-14                       (B)  water service is available more than 750
2-15     feet from the subdivided land and the extension of water service to
2-16     the land may be feasible, subject to a final determination by the
2-17     water service provider.
2-18           (e)  A person requesting service may obtain a certificate
2-19     under Subsection (c)(1) only if the person provides to the
2-20     commissioners court either:
2-21                 (1)  documentation containing:
2-22                       (A)  a copy of the means of conveyance or other
2-23     documents that show that the land was sold or conveyed to the
2-24     person requesting service:
2-25                             (i)  before September 1, 1995; or
2-26                             (ii)  before September 1, 1999, if the
2-27     subdivided land on August 31, 1999, was located in the
 3-1     extraterritorial jurisdiction of a municipality as determined by
 3-2     Chapter 42;[,] and
 3-3                       (B)  a notarized affidavit by that person that
 3-4     states that construction of a residence on the land, evidenced by
 3-5     at least the existence of a completed foundation, was begun:
 3-6                             (i)  on or before May 1, 1997; or
 3-7                             (ii)  on or before May 1, 2003, if the
 3-8     subdivided land on August 31, 1999, was located in the
 3-9     extraterritorial jurisdiction of a municipality as determined by
3-10     Chapter 42; or
3-11                 (2)  a notarized affidavit by the person requesting
3-12     service that states that:
3-13                       (A)  the property was sold or conveyed to that
3-14     person:
3-15                             (i)  before September 1, 1995; or
3-16                             (ii)  before September 1, 1999, if the
3-17     subdivided land on August 31, 1999, was located in the
3-18     extraterritorial jurisdiction of a municipality as determined by
3-19     Chapter 42;[,] and
3-20                       (B)  [that]  construction of a residence on the
3-21     land, evidenced by at least the existence of a completed
3-22     foundation, was begun:
3-23                             (i)  on or before May 1, 1997; or
3-24                             (ii)  on or before May 1, 2003, if the
3-25     subdivided land on August 31, 1999, was located in the
3-26     extraterritorial jurisdiction of a municipality as determined by
3-27     Chapter 42.
 4-1           (f)  A person requesting service may obtain a certificate
 4-2     under Subsection (c)(2) only if the person provides to the
 4-3     commissioners court an affidavit that states that the property was
 4-4     not sold or conveyed to that person from a subdivider or the
 4-5     subdivider's agent:
 4-6                 (1)  after September 1, 1995; or
 4-7                 (2)  after September 1, 1999, if the subdivided land on
 4-8     August 31, 1999, was located in the extraterritorial jurisdiction
 4-9     of a municipality as determined by Chapter 42.
4-10           SECTION 2. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3604 was passed by the House on
         May 4, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3604 was passed by the Senate on
         May 23, 2001, by the following vote:  Yeas 30, Nays 0, 1 present,
         not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor