1-1     By:  Najera (Senate Sponsor - Shapleigh)              H.B. No. 3604
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 11, 2001, reported favorably by
 1-5     the following vote:  Yeas 5, Nays 0; May 11, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the requirements for the connection of land to utility
1-10     service in certain subdivisions in certain counties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Sections 232.029(c), (e), and (f), Local
1-13     Government Code, are amended to read as follows:
1-14           (c)  An electric, gas, water, or sewer service utility may
1-15     serve or connect subdivided land with water, sewer, electricity,
1-16     gas, or other utility service regardless of whether the utility
1-17     receives a certificate issued by the commissioners court under
1-18     Section 232.028(a) or receives a determination from the
1-19     commissioners court under Section 232.028(b) if the utility is
1-20     provided with a certificate issued by the commissioners court that
1-21     states that:
1-22                 (1)  the subdivided land:
1-23                       (A)  [before September 1, 1995,] was sold or
1-24     conveyed to the person requesting service by any means of
1-25     conveyance, including a contract for deed or executory contract:
1-26                             (i)  before September 1, 1995; or
1-27                             (ii)  before September 1, 1999, if the
1-28     subdivided land on August 31, 1999, was located in the
1-29     extraterritorial jurisdiction of a municipality as determined by
1-30     Chapter 42;
1-31                       (B)  is located in a subdivision in which the
1-32     utility has previously provided service; and
1-33                       (C)  is the site of construction of a residence,
1-34     evidenced by at least the existence of a completed foundation, that
1-35     was begun:
1-36                             (i)  on or before May 1, 1997; or
1-37                             (ii)  on or before May 1, 2003, if the
1-38     subdivided land on August 31, 1999, was located in the
1-39     extraterritorial jurisdiction of a municipality as determined by
1-40     Chapter 42; or
1-41                 (2)  the land was not subdivided after September 1,
1-42     1995, and:
1-43                       (A)  water service is available within 750 feet
1-44     of the subdivided land; or
1-45                       (B)  water service is available more than 750
1-46     feet from the subdivided land and the extension of water service to
1-47     the land may be feasible, subject to a final determination by the
1-48     water service provider.
1-49           (e)  A person requesting service may obtain a certificate
1-50     under Subsection (c)(1) only if the person provides to the
1-51     commissioners court either:
1-52                 (1)  documentation containing:
1-53                       (A)  a copy of the means of conveyance or other
1-54     documents that show that the land was sold or conveyed to the
1-55     person requesting service:
1-56                             (i)  before September 1, 1995; or
1-57                             (ii)  before September 1, 1999, if the
1-58     subdivided land on August 31, 1999, was located in the
1-59     extraterritorial jurisdiction of a municipality as determined by
1-60     Chapter 42;[,] and
1-61                       (B)  a notarized affidavit by that person that
1-62     states that construction of a residence on the land, evidenced by
1-63     at least the existence of a completed foundation, was begun:
1-64                             (i)  on or before May 1, 1997; or
 2-1                             (ii)  on or before May 1, 2003, if the
 2-2     subdivided land on August 31, 1999, was located in the
 2-3     extraterritorial jurisdiction of a municipality as determined by
 2-4     Chapter 42; or
 2-5                 (2)  a notarized affidavit by the person requesting
 2-6     service that states that:
 2-7                       (A)  the property was sold or conveyed to that
 2-8     person:
 2-9                             (i)  before September 1, 1995; or
2-10                             (ii)  before September 1, 1999, if the
2-11     subdivided land on August 31, 1999, was located in the
2-12     extraterritorial jurisdiction of a municipality as determined by
2-13     Chapter 42;[,] and
2-14                       (B)  [that]  construction of a residence on the
2-15     land, evidenced by at least the existence of a completed
2-16     foundation, was begun:
2-17                             (i)  on or before May 1, 1997; or
2-18                             (ii)  on or before May 1, 2003, if the
2-19     subdivided land on August 31, 1999, was located in the
2-20     extraterritorial jurisdiction of a municipality as determined by
2-21     Chapter 42.
2-22           (f)  A person requesting service may obtain a certificate
2-23     under Subsection (c)(2) only if the person provides to the
2-24     commissioners court an affidavit that states that the property was
2-25     not sold or conveyed to that person from a subdivider or the
2-26     subdivider's agent:
2-27                 (1)  after September 1, 1995; or
2-28                 (2)  after September 1, 1999, if the subdivided land on
2-29     August 31, 1999, was located in the extraterritorial jurisdiction
2-30     of a municipality as determined by Chapter 42.
2-31           SECTION 2. This Act takes effect September 1, 2001.
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