81R18848 PAM-D
 
  By: Guillen H.B. No. 1656
 
  Substitute the following for H.B. No. 1656:
 
  By:  Flynn C.S.H.B. No. 1656
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain municipalities and counties to
  regulate platting requirements near an international border.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.012, Local Government Code, is
  amended by amending Subsections (a), (c), (d), (e), and (f) and
  adding Subsections (j) and (k) to read as follows:
         (a)  Except as provided by Subsection (c), (d), or (j), an
  entity described by Subsection (b) may not serve or connect any land
  with water, sewer, electricity, gas, or other utility service
  unless the entity has been presented with or otherwise holds a
  certificate applicable to the land issued under Section 212.0115.
         (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; or
               (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)     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].
         (d)  In a county to which Subchapter B, Chapter 232, applies,
  an entity described by Subsection (b) may serve or connect land with
  water, sewer, electricity, gas, or other utility service that is
  located in the extraterritorial jurisdiction of a municipality
  regardless of whether the entity is presented with or otherwise
  holds a certificate applicable to the land issued under Section
  212.0115, if the municipal authority responsible for approving
  plats issues a certificate stating that:
               (1)  the subdivided land:
                     (A)  was sold or conveyed by a subdivider by any
  means of conveyance, including a contract for deed or executory
  contract, before:
                           (i)  September 1, 1995, in a county defined
  under Section 232.022(a)(1);
                           (ii)  September 1, 1999, in a county defined
  under Section 232.022(a)(1) if, on August 31, 1999, the subdivided
  land was located in the extraterritorial jurisdiction of a
  municipality as determined by Chapter 42; or
                           (iii)  September 1, 2005, in a county
  defined under Section 232.022(a)(2);
                     (B)  has not been subdivided after September 1,
  1995, September 1, 1999, or September 1, 2005, as applicable under
  Paragraph (A);
                     (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:
                           (i)  May 1, 2003, in a county defined under
  Section 232.022(a)(1); or
                           (ii)  September 1, 2005, in a county defined
  under Section 232.022(a)(2); and
                     (D)  has had adequate sewer services installed to
  service the lot or dwelling, as determined by an authorized agent
  responsible for the licensing or permitting of on-site sewage
  facilities under Chapter 366, Health and Safety Code;
               (2)  the subdivided land is a lot of record as defined
  by Section 232.021(6-a) that is located in a county defined by
  Section 232.022(a)(1) and has adequate sewer services installed
  that are fully operable to service the lot or dwelling, as
  determined by an authorized agent responsible for the licensing or
  permitting of on-site sewage facilities under Chapter 366, Health
  and Safety Code; or
               (3)  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:
                     (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)  An entity described by Subsection (b) may provide
  utility service to land described by Subsection (d)(1), (2), or (3)
  [(c)(4)(A)] only if the person requesting service:
               (1)  is not the land's subdivider or the subdivider's
  agent; and
               (2)  provides to the entity a certificate described by
  Subsection (d) [(c)(4)(A)].
         (f) [(e)]  A person requesting service may obtain a
  certificate under Subsection (d)(1), (2), or (3) [(c)(4)(A)] only
  if the person is the owner or purchaser of the subdivided land and
  provides to the municipal authority responsible for approving plats
  documentation containing [either]:
               (1)  a copy of the means of conveyance or other
  documents that show that the land was sold or conveyed by a
  subdivider [to the person requesting service] before September 1,
  1995, before September 1, 1999, or before September 1, 2005, as
  applicable under Subsection (d)[, 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)  for a certificate issued under Subsection (d)(1),
  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, 2003, in a county defined by Section 232.022(a)(1) or September
  1, 2005, in a county defined by Section 232.022(a)(2), and the
  request for utility connection or service is to connect or serve a
  residence described by Subsection (d)(1)(C);
               (3)  a notarized affidavit by the person requesting
  service that states that the subdivided land has not been further
  subdivided after September 1, 1995, September 1, 1999, or September
  1, 2005, as applicable under Subsection (d); and
               (4)  evidence that adequate sewer service or facilities
  have been installed and are fully operable to service the lot or
  dwelling from an entity described by Subsection (b) or the
  authorized agent responsible for the licensing or permitting of
  on-site sewage facilities under Chapter 366, Health and Safety Code 
  [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.]
         (j)  Except as provided by Subsection (k), this section does
  not prohibit a water or sewer utility from providing in a county
  defined by Section 232.022(a)(1) water or sewer utility connection
  or service to a residential dwelling that:
               (1)  is provided water or wastewater facilities under
  or in conjunction with a federal or state funding program designed
  to address inadequate water or wastewater facilities in colonias or
  to residential lots located in a county described by Section
  232.022(a)(1);
               (2)  is an existing dwelling identified as an eligible
  recipient for funding by the funding agency providing adequate
  water and wastewater facilities or improvements;
               (3)  when connected, will comply with the minimum state
  standards for both water and sewer facilities and as prescribed by
  the model subdivision rules adopted under Section 16.343, Water
  Code; and
               (4)  is located in a project for which the municipality
  with jurisdiction over the project or the approval of plats within
  the project area has approved the improvement project by order,
  resolution, or interlocal agreement under Chapter 791, Government
  Code.
         (k)  A utility may not serve any subdivided land with water
  utility connection or service under Subsection (j) unless the
  entity receives a determination that adequate sewer services have
  been installed to service the lot or dwelling from the municipal
  authority responsible for approving plats, an entity described by
  Subsection (b), or the authorized agent responsible for the
  licensing or permitting of on-site sewage facilities under Chapter
  366, Health and Safety Code.
         SECTION 2.  Section 232.021, Local Government Code, is
  amended by adding Subdivision (6-a) and amending Subdivision (12)
  to read as follows:
               (6-a)  "Lot of record" means:
                     (A)  a lot, the boundaries of which were
  established by a plat recorded in the office of the county clerk
  before September 1, 1989, that has not been subdivided after
  September 1, 1989; or
                     (B)  a lot, the boundaries of which were
  established by a metes and bounds description in a deed of
  conveyance, a contract of sale, or other executory contract to
  convey real property that has been legally executed and recorded in
  the office of the county clerk before September 1, 1989, that has
  not been subdivided after September 1, 1989.
               (12)  "Subdivider" means an individual, firm,
  corporation, or other legal entity [that owns any interest in land
  and] that directly or indirectly subdivides land into lots for sale
  or lease as part of a common promotional plan in the ordinary course
  of business.
         SECTION 3.  Section 232.024(b), Local Government Code, is
  amended to read as follows:
         (b)  If any part of a plat applies to land intended for
  residential housing and any part of that land lies in a floodplain,
  the commissioners court shall not approve the plat unless:
               (1)  the subdivision is developed in compliance with
  the minimum requirements of the National Flood Insurance Program
  and local regulations or orders adopted under Section 16.315, Water
  Code; and
               (2)  the plat evidences a restrictive covenant
  prohibiting [as required by this subsection. The restrictive
  covenant shall prohibit] the construction of residential housing in
  any area of the subdivision that is in a floodplain unless the
  housing is developed in compliance with the minimum requirements of
  [qualifies for insurance under] the National Flood Insurance
  Program and local regulations or orders adopted under Section
  16.315, Water Code [Act of 1968 (42 U.S.C. Sections 4001 through
  4127)].
         SECTION 4.  Section 232.028(b), Local Government Code, is
  amended to read as follows:
         (b)  On the commissioners court's own motion or on the
  written request of a subdivider, an owner or resident of a lot in a
  subdivision, or an entity that provides a utility service, the
  commissioners court shall make the following determinations
  regarding the land in which the entity or commissioners court is
  interested that is located within the jurisdiction of the county:
               (1)  whether a plat has been prepared and whether it has
  been reviewed and approved by the commissioners court;
               (2)  whether water service facilities have been
  constructed or installed to service the lot or subdivision under
  Section 232.023 and are fully operable;
               (3)  whether sewer service facilities have been
  constructed or installed to service the lot or subdivision under
  Section 232.023 and are fully operable, or if septic systems are
  used, whether the lot is served by a permitted on-site sewage
  facility or lots in the subdivision can be adequately and legally
  served by septic systems under Section 232.023; and
               (4)  whether electrical and gas facilities, if
  available, have been constructed or installed to service the lot or
  subdivision under Section 232.023.
         SECTION 5.  Section 232.029, Local Government Code, is
  amended by amending Subsections (b), (c), (d), (e), and (i) and
  adding Subsections (n) and (o) to read as follows:
         (b)  Except as provided by Subsections (c) and (k) 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 Sections 232.028(b)(2)
  and (3) [Section 232.028(b)(2)] that adequate water and sewer
  services have been installed to service the lot or subdivision.
         (c)  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 by a subdivider [to the
  person requesting service] by any means of conveyance, including a
  contract for deed or executory contract:
                           (i)  before September 1, 1995; or
                           (ii)  before September 1, 1999, if the
  subdivided land on August 31, 1999, was located in the
  extraterritorial jurisdiction of a municipality as determined by
  Chapter 42;
                     (B)  has not been subdivided after September 1,
  1995, or September 1, 1999, as applicable under Paragraph (A) [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[:
                           [(i)  on or before May 1, 1997; or
                           [(ii)]  on or before May 1, 2003; and
                     (D)  has had adequate sewer services installed to
  service the lot or dwelling, as determined by an authorized agent
  responsible for the licensing or permitting of on-site sewage
  facilities under Chapter 366, Health and Safety Code;
               (2)  the subdivided land is a lot of record and has
  adequate sewer services installed that are fully operable to
  service the lot or dwelling, as determined by an authorized agent
  responsible for the licensing or permitting of on-site sewage
  facilities under Chapter 366, Health and Safety Code[, if the
  subdivided land on August 31, 1999, was located in the
  extraterritorial jurisdiction of a municipality as determined by
  Chapter 42]; or
               (3) [(2)]  the land was not subdivided after September
  1, 1995, 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.
         (d)  A utility may provide utility service to subdivided land
  described by Subsection (c)(1), (2), or (3) 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 (c) [(c)(1)].
         (e)  A person requesting service may obtain a certificate
  under Subsection (c)(1), (2), or (3) only if the person is the owner
  or purchaser of the subdivided land and provides to the
  commissioners court documentation containing [either]:
               (1)  [documentation containing:
                     [(A)]  a copy of the means of conveyance or other
  documents that show that the land was sold or conveyed by a
  subdivider before September 1, 1995, or before September 1, 1999,
  as applicable under Subsection (c);
               (2)  [to the person requesting service:
                           [(i)  before September 1, 1995; or
                           [(ii)     before September 1, 1999, if the
  subdivided land on August 31, 1999, was located in the
  extraterritorial jurisdiction of a municipality as determined by
  Chapter 42; and
                     [(B)]  a notarized affidavit by that person
  requesting service under Subsection (c)(1) that states that
  construction of a residence on the land, evidenced by at least the
  existence of a completed foundation, was begun[:
                           [(i)  on or before May 1, 1997; or
                           [(ii)]  on or before May 1, 2003, and the
  request for utility connection or service is to connect or serve a
  residence described by Subsection (c)(1)(C);
               (3)  [, if the subdivided land on August 31, 1999, was
  located in the extraterritorial jurisdiction of a municipality as
  determined by Chapter 42; or
               [(2)]  a notarized affidavit by the person requesting
  service that states that the subdivided land has not been further
  subdivided after[:
                     [(A)     the property was sold or conveyed to that
  person:
                           [(i)  before] September 1, 1995, [;] or
                           [(ii)  before] September 1, 1999, as
  applicable under Subsection (c); and
               (4)  evidence that adequate sewer service or facilities
  have been installed and are fully operable to service the lot or
  dwelling from an entity described by Section 232.021(14) or the
  authorized agent responsible for the licensing or permitting of
  on-site sewage facilities under Chapter 366, Health and Safety Code 
  [if the subdivided land on August 31, 1999, was located in the
  extraterritorial jurisdiction of a municipality as determined by
  Chapter 42; and
                     [(B)     construction of a residence on the land,
  evidenced by at least the existence of a completed foundation, was
  begun:
                           [(i)  on or before May 1, 1997; or
                           [(ii)     on or before May 1, 2003, if the
  subdivided land on August 31, 1999, was located in the
  extraterritorial jurisdiction of a municipality as determined by
  Chapter 42].
         (i)  The prohibition established by this section shall not
  prohibit a water, sewer, [an] electric, or gas utility from
  providing water, sewer, electric, or gas utility connection or
  service to a lot [being] sold, conveyed, or purchased through a
  contract for deed or executory contract or other device by a
  subdivider prior to July 1, 1995, or September 1, 1999, if on August
  31, 1999, the subdivided land was located in the extraterritorial
  jurisdiction of a municipality that has adequate sewer services
  installed that are fully operable to service the lot, as determined
  by an authorized agent responsible for the licensing or permitting
  of on-site sewage facilities under Chapter 366, Health and Safety
  Code, [which is located within a subdivision where the utility has
  previously established service] and was subdivided by a plat
  approved prior to September 1, 1989.
         (n)  Except as provided by Subsection (o), this section does
  not prohibit a water or sewer utility from providing water or sewer
  utility connection or service to a residential dwelling that:
               (1)  is provided water or wastewater facilities under
  or in conjunction with a federal or state funding program designed
  to address inadequate water or wastewater facilities in colonias or
  to residential lots located in a county described by Section
  232.022(a)(1);
               (2)  is an existing dwelling identified as an eligible
  recipient for funding by the funding agency providing adequate
  water and wastewater facilities or improvements;
               (3)  when connected, will comply with the minimum state
  standards for both water and sewer facilities and as prescribed by
  the model subdivision rules adopted under Section 16.343, Water
  Code; and
               (4)  is located in a project for which the municipality
  with jurisdiction over the project or the approval of plats within
  the project area has approved the improvement project by order,
  resolution, or interlocal agreement under Chapter 791, Government
  Code, if applicable.
         (o)  A utility may not serve any subdivided land with water
  utility connection or service under Subsection (n) unless the
  entity receives a determination from the county commissioners court
  under Section 232.028(b)(3) that adequate sewer services have been
  installed to service the lot or dwelling.
         SECTION 6.  Section 232.029(f), Local Government Code, is
  repealed.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.