By:  Hinojosa, Ellis                                              S.B. No. 425

A BILL TO BE ENTITLED
AN ACT
relating to subdivision platting requirements and assistance for certain counties near an international border. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsections (c), (e), and (f), Section 212.012, Local Government Code, are amended to read as follows: (c) An entity described by Subsection (b) may serve or connect land with water, sewer, electricity, gas, or other utility service regardless of whether the entity is presented with or otherwise holds a certificate applicable to the land issued under Section 212.0115 if: (1) the land is covered by a development plat approved under Subchapter B or under an ordinance or rule relating to the development plat; (2) the land was first served or connected with service by an entity described by Subsection (b)(1), (b)(2), or (b)(3) before September 1, 1987; (3) the land was first served or connected with service by an entity described by Subsection (b)(4), (b)(5), or (b)(6) before September 1, 1989; or (4) the municipal authority responsible for approving plats issues a certificate stating that: (A) the land: (i) [before September 1, 1995,] was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract, before: (a) September 1, 1995, in a county defined under Section 232.022(a)(1); or (b) September 1, 2005, in a county defined under Section 232.022(a)(2); (ii) is located in a subdivision in which the entity has previously provided service; (iii) is located outside the limits of the municipality; (iv) is located in a county to which Subchapter B, Chapter 232, applies; and (v) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before: (a) May 1, 1997, in a county defined under Section 232.022(a)(1); or (b) September 1, 2005, in a county defined under Section 232.022(a)(2); or (B) the land was not subdivided after September 1, 1995, in a county defined under Section 232.022(a)(1), or September 1, 2005, in a county defined under Section 232.022(a)(2), and: (i) water service is available within 750 feet of the subdivided land; or (ii) water service is available more than 750 feet from the subdivided land and the extension of water service to the land may be feasible, subject to a final determination by the water service provider. (e) A person requesting service may obtain a certificate under Subsection (c)(4)(A) only if the person provides to the municipal authority responsible for approving plats either: (1) a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 1995, or before September 1, 2005, as applicable, and a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, or on or before September 1, 2005, as applicable; or (2) a notarized affidavit by the person requesting service that states that the property was sold or conveyed to that person before September 1, 1995, or before September 1, 2005, as applicable, and that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, or on or before September 1, 2005, as applicable. (f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if the person provides to the municipal authority responsible for approving plats an affidavit that states that the property was not sold or conveyed to that person from a subdivider or the subdivider's agent after September 1, 1995, or after September 1, 2005, as applicable. SECTION 2. Section 232.022, Local Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (c-1) to read as follows: (a) This subchapter applies only to: (1) a county any part of which is located within 50 miles of an international border; or (2) a county: (A) any part of which is located within 100 miles of an international border; (B) that contains the majority of the area of a municipality with a population of more than 250,000; and (C) to which Subdivision (1) does not apply. (c) Except as provided by Subsection (c-1), for [For] purposes of this section, land is considered to be in the jurisdiction of a county if the land is located in the county and outside the corporate limits of municipalities. (c-1) Land in a municipality's extraterritorial jurisdiction is not considered to be in the jurisdiction of a county for purposes of this section if the municipality and the county have entered into a written agreement under Section 242.001 that authorizes the municipality to regulate subdivision plats and approve related permits in the municipality's extraterritorial jurisdiction. SECTION 3. The heading to Section 232.029, Local Government Code, is amended to read as follows: Sec. 232.029. CONNECTION OF UTILITIES IN COUNTIES WITHIN 50 MILES OF INTERNATIONAL BORDER. SECTION 4. Section 232.029, Local Government Code, is amended by relettering Subsection (a) as Subsection (a-1) and adding a new Subsection (a) to read as follows: (a) This section applies only to a county defined under Section 232.022(a)(1). (a-1) Except as provided by Subsection (c) or Section 232.037(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b)(1) that the plat has been reviewed and approved by the commissioners court. SECTION 5. Subchapter B, Chapter 232, Local Government Code, is amended by adding Section 232.0291 to read as follows: Sec. 232.0291. CONNECTION OF UTILITIES IN CERTAIN COUNTIES WITHIN 100 MILES OF INTERNATIONAL BORDER. (a) This section applies only to a county defined under Section 232.022(a)(2). (b) Except as provided by Subsection (d) or Section 232.037(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b)(1) that the plat has been reviewed and approved by the commissioners court. (c) Except as provided by Subsection (d) or Section 232.037(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Section 232.028(b)(2) that adequate water and sewer services have been installed to service the subdivision. (d) An electric, gas, water, or sewer service utility may serve or connect subdivided land with water, sewer, electricity, gas, or other utility service regardless of whether the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b) if the utility is provided with a certificate issued by the commissioners court that states that: (1) the subdivided land: (A) was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract before September 1, 2005; (B) is located in a subdivision in which the utility has previously provided service; and (C) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before September 1, 2005; or (2) the subdivided land was not subdivided after September 1, 2005, and: (A) water service is available within 750 feet of the subdivided land; or (B) water service is available more than 750 feet from the subdivided land and the extension of water service to the land may be feasible, subject to a final determination by the water service provider. (e) A utility may provide utility service to subdivided land described by Subsection (d)(1) only if the person requesting service: (1) is not the land's subdivider or the subdivider's agent; and (2) provides to the utility a certificate described by Subsection (d)(1). (f) A person requesting service may obtain a certificate under Subsection (d)(1) only if the person provides to the commissioners court either: (1) documentation containing: (A) a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 2005; and (B) a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005; or (2) a notarized affidavit by the person requesting service that states that: (A) the property was sold or conveyed to that person before September 1, 2005; and (B) construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005. (g) A person requesting service may obtain a certificate under Subsection (d)(2) only if the person provides to the commissioners court an affidavit that states that the property was not sold or conveyed to that person from a subdivider or the subdivider's agent after September 1, 2005. (h) On request, the commissioners court shall provide to the attorney general and any appropriate local, county, or state law enforcement official a copy of any document on which the commissioners court relied in determining the legality of providing service. (i) This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred. (j) The prohibition established by this section does not prohibit an electric or gas utility from providing electric or gas utility connection or service to a lot: (1) sold, conveyed, or purchased through a contract for deed or executory contract or other device by a subdivider before September 1, 2005; (2) located within a subdivision where the utility has previously established service; and (3) subdivided by a plat approved before September 1, 1989. (k) In this section, "foundation" means the lowest division of a residence, usually consisting of a masonry slab or a pier and beam structure, that is partly or wholly below the surface of the ground and on which the residential structure rests. SECTION 6. Section 232.031, Local Government Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) Except as provided by Subsection (d), a [A] subdivider may not sell or lease land in a subdivision first platted or replatted after July 1, 1995, unless the subdivision plat is approved by the commissioners court in accordance with Section 232.024. (d) In a county defined under Section 232.022(a)(2), a subdivider may not sell or lease land in a subdivision first platted or replatted after September 1, 2005, unless the subdivision plat is approved by the commissioners court in accordance with Section 232.024. SECTION 7. Section 232.038, Local Government Code, is amended to read as follows: Sec. 232.038. SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA. (a) Except as provided by Subsection (b), a [A] person who has purchased or is purchasing a lot after July 1, 1995, in a subdivision for residential purposes that does not have water and sewer services as required by this subchapter and is located in an economically distressed area, as defined by Section 17.921, Water Code, from a subdivider, may bring suit in the district court in which the property is located or in a district court in Travis County to: (1) declare the sale of the property void and require the subdivider to return the purchase price of the property; and (2) recover from the subdivider: (A) the market value of any permanent improvements the person placed on the property; (B) actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities; (C) court costs; and (D) reasonable attorney's fees. (b) If the lot is located in a county defined under Section 232.022(a)(2), a person may only bring suit under Subsection (a) if the person purchased or is purchasing the lot after September 1, 2005. SECTION 8. Subsection (e), Section 232.040, Local Government Code, is amended to read as follows: (e) Existing utility services to a subdivision that must be platted or replatted under this section may not be terminated under Section 232.029 or 232.0291. SECTION 9. Subsection (b), Section 232.043, Local Government Code, is amended to read as follows: (b) If the commissioners court makes a written finding that the subdivider who created the unplatted subdivision no longer owns property in the subdivision, the commissioners court may grant a delay or variance under this section only if: (1) a majority of the lots in the subdivision were sold before: (A) September 1, 1995, in a county defined under Section 232.022(a)(1); or (B) September 1, 2005, in a county defined under Section 232.022(a)(2); (2) a majority of the resident purchasers in the subdivision sign a petition supporting the delay or variance; (3) the person requesting the delay or variance submits to the commissioners court: (A) a description of the water and sewer service facilities that will be constructed or installed to service the subdivision; (B) a statement specifying the date by which the water and sewer service facilities will be fully operational; and (C) a statement signed by an engineer licensed in this state certifying that the plans for the water and sewer facilities meet the minimum state standards; (4) the commissioners court finds that the unplatted subdivision at the time the delay or variance is requested is developed in a manner and to an extent that compliance with specific platting requirements is impractical or contrary to the health or safety of the residents of the subdivision; and (5) the subdivider who created the unplatted subdivision has not violated local law, federal law, or state law, excluding this chapter, in subdividing the land for which the delay or variance is requested, if the subdivider is the person requesting the delay or variance. SECTION 10. Section 232.106, Local Government Code, is amended to read as follows: Sec. 232.106. CONNECTION OF UTILITIES. 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 impose the requirements of Section 232.029 or 232.0291. SECTION 11. Subdivision (2), Section 775.001, Government Code, is amended to read as follows: (2) "Colonia" means a geographic area that: (A) is an economically distressed area as defined by Section 17.921, Water Code; and (B) is: (i) located in a county any part of which is within 50 miles of an international border; or (ii) located in a county: (a) any part of which is within 100 miles of an international border; and (b) that contains the majority of the area of a municipality with a population of more than 250,000. SECTION 12. Section 775.003, Government Code, is amended to read as follows: Sec. 775.003. COLONIA OMBUDSMAN PROGRAM. The colonia initiatives coordinator may appoint a colonia ombudsman in: (1) each of the six border counties that the coordinator determines have the largest colonia populations; and (2) each additional county any part of which is within 100 miles of an international border and that contains the majority of the area of a municipality with a population of more than 250,000. SECTION 13. Section 37.153, Utilities Code, is amended to read as follows: Sec. 37.153. REQUIRED REFUSAL OF SERVICE. A certificate holder shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, [or] 232.029, or 232.0291, Local Government Code. SECTION 14. Section 54.254, Utilities Code, is amended to read as follows: Sec. 54.254. REQUIRED REFUSAL OF SERVICE. A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, [or] 232.029, or 232.0291, Local Government Code. SECTION 15. Subdivision (1), Section 16.341, Water Code, is amended to read as follows: (1) "Affected county" means a county: (A) that has a per capita income that averaged 25 percent below the state average for the most recent three consecutive years for which statistics are available and an unemployment rate that averaged 25 percent above the state average for the most recent three consecutive years for which statistics are available; [or] (B) that is adjacent to an international border; or (C) that is located in whole or in part within 100 miles of an international border and contains the majority of the area of a municipality with a population of more than 250,000. SECTION 16. Section 17.923, Water Code, is amended to read as follows: Sec. 17.923. COUNTY ELIGIBILITY FOR FINANCIAL ASSISTANCE. To be eligible for financial assistance under this subchapter, a county: (1) must have a per capita income that averaged 25 percent below the state average for the most recent three consecutive years for which statistics are available and an unemployment rate that averaged 25 percent above the state average for the most recent three consecutive years for which statistics are available; [or] (2) must be located adjacent to an international border; or (3) must be located in whole or in part within 100 miles of an international border and contain the majority of the area of a municipality with a population of more than 250,000. SECTION 17. This Act takes effect September 1, 2005.