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.