BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2096

                                                                                                              By: Quintanilla et al. (Uresti)

                                                                                                         International Relations & Trade

                                                                                                                                            5/12/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, the commissioners court of certain counties requires that a plat of land receiving utility connection service from a utility company meet certain platting requirements that are unfair to those plat owners whose homes were in existence on or before January 1, 2001.

 

H.B. 2096 authorizes a utility to provide utility services to certain lots of land if that service was provided on or before January 1, 2001, unless any portion of that land is improved or if any existing improvements on that land are modified.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 232.029, Local Government Code, by amending Subsection (b) and adding Subsections (k) and (l), as follows:

 

(b) Includes an exception as provided by Subsection (k) to the prohibition against a utility serving or connecting any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court that adequate water and sewer services have been installed to service the subdivision.

 

(k) Authorizes the commissioners court to allow a utility company that does not hold a certificate issued by, or has not received a determination from, the commissioners court under this subchapter to serve or connect subdivided land with electricity or gas if the land was subdivided and three or more of the lots in the subdivided land, including the lot proposed for service or connection, were served or connected by the utility before January 1, 2001.

 

(l) Prohibits a utility, notwithstanding Subsection (k), from serving or connecting subdivided land as described by that subsection if, on or after September 1, 2007, any portion of that land is improved or if any existing improvements on that land are modified.

 

SECTION 2.  Effective date: September 1, 2007.