BILL ANALYSIS

 

 

Senate Research Center                                                                                              C.S.H.B. 2096

80R20092 EJI-F                                                                                   By: Quintanilla et al. (Uresti)

                                                                                                         International Relations & Trade

                                                                                                                                            5/15/2007

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, the commissioners court of a county may require 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.

 

C.S.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), (l), and (m), 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 a utility that does not hold a certificate issued by, or has not received a determination from, the commissioners court under Section 232.028 to serve or connect subdivided property with electricity or gas to provide that service to single-family residential dwelling on that property under certain conditions, subject to subsections (l) and (m).

 

(l) Authorizes a utility to provide service under Subsection (k) only if the person requesting the service provides to the commissioners court documentation that evidences compliance with the requirements under Subsection (k) and that is satisfactory to the commissioners court.

 

(m) Prohibits a utility from serving or connecting subdivided land as described by Subsection (k) if, on or after September 1, 2007, any existing improvements on that property are modified.

 

SECTION 2.  Effective date: September 1, 2007.