By Najera H.B. No. 3604
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
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. Section 232.029(c), Local Government Code, is
1-6 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 is located in the extraterritorial jurisdiction of
1-22 a municipality;
1-23 (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) before May 1, 2003, if the subdivided
2-7 land is located in the extraterritorial jurisdiction of a
2-8 municipality; or
2-9 (2) the land was not subdivided after September 1,
2-10 1995, and:
2-11 (A) water service is available within 750 feet
2-12 of the subdivided land; or
2-13 (B) water service is available more than 750
2-14 feet from the subdivided land and the extension of water service to
2-15 the land may be feasible, subject to a final determination by the
2-16 water service provider.
2-17 SECTION 2. This Act takes effect September 1, 2001.