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.
2-32 * * * * *