78R7097 AKH-D

By:  Kolkhorst                                                    H.B. No. 3198


A BILL TO BE ENTITLED
AN ACT
relating to the adoption of rules by a county relating to the connection of utilities in subdivisions and certain other land use controls. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 232, Local Government Code, is amended by adding Section 232.0033 to read as follows: Sec. 232.0033. CONNECTION OF UTILITIES. (a) By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may adopt rules governing the connection of utilities to subdivided land as described under this section. This section does not apply to utility connection made before September 1, 2003. (b) The county by rule may provide that an electric, gas, water, or sewer service utility or other utility service may not serve or connect to subdivided land unless the utility receives a certificate issued by the commissioners court or a person designated by the commissioners court under this section. (c) A certificate issued under Subsection (b) may be based on: (1) whether the land has been subdivided in compliance with this chapter and the county's subdivision regulations and policies adopted under this chapter; (2) whether a development permit for a floodplain, as defined by Section 232.021, has been issued by the county, if the county requires a permit; and (3) whether a permit for a sewage facility located on the subdivided land has been issued by the county or a person designated by the county, if the county requires a permit. SECTION 2. Chapter 232, Local Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. INFRASTRUCTURE PLANNING
PROVISIONS IN COUNTIES GENERALLY
Sec. 232.121. LOT FRONTAGES. The commissioners court may adopt or establish reasonable standards relating to lot frontages as provided by Section 232.103. Sec. 232.122. SET-BACKS. The commissioners court may establish reasonable building and set-back lines as provided by Section 232.104. SECTION 3. The changes in law made by this Act to Chapter 232, Local Government Code, apply only to a subdivision plat that is filed on or after September 1, 2003, and to the subdivision covered by that plat. A subdivision plat that is filed before September 1, 2003, and the subdivision covered by that plat, is governed by the law in effect immediately preceding that date, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2003.