BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 4043

81R1822 TJS-F                                                                                                 By: Callegari (Hegar)

                                                                                                                               Natural Resources

                                                                                                                                              5/7/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

A retail public utility must obtain a certificate of convenience and necessity (CCN) to provide water and sewer service for a given area.  Current law requires that a seller of real property located within the CCN of a retail public utility other than a water district provide a purchaser with written notice regarding the property's location within a CCN.  Certain types of real estate transactions, including the transfer of title to property located within the corporate limits of a municipality, are exempt from this notification requirement. 

 

H.B. 4043 provides that the notice requirement does not apply to the transfer of title to property located within the corporate limits of a municipality that is served by a municipally owned utility.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 13.257(c), Water Code, to provide that this section does not apply to certain transfers of title, including a transfer of title to property located within the corporate limits of a municipality that is served by a municipally owned utility.

 

SECTION 2.  Makes application of this Act prospective. 

 

SECTION 3.  Effective date: upon passage or September 1, 2009