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