Texas 2009 - 81st Regular

Texas House Bill HB1656 Compare Versions

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1	1	81R18848 PAM-D
2	2	By: Guillen H.B. No. 1656
3	3	Substitute the following for H.B. No. 1656:
4	4	By: Flynn C.S.H.B. No. 1656
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of certain municipalities and counties to
10	10	regulate platting requirements near an international border.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 212.012, Local Government Code, is
13	13	amended by amending Subsections (a), (c), (d), (e), and (f) and
14	14	adding Subsections (j) and (k) to read as follows:
15	15	(a) Except as provided by Subsection (c), (d), or (j), an
16	16	entity described by Subsection (b) may not serve or connect any land
17	17	with water, sewer, electricity, gas, or other utility service
18	18	unless the entity has been presented with or otherwise holds a
19	19	certificate applicable to the land issued under Section 212.0115.
20	20	(c) An entity described by Subsection (b) may serve or
21	21	connect land with water, sewer, electricity, gas, or other utility
22	22	service regardless of whether the entity is presented with or
23	23	otherwise holds a certificate applicable to the land issued under
24	24	Section 212.0115 if:
25	25	(1) the land is covered by a development plat approved
26	26	under Subchapter B or under an ordinance or rule relating to the
27	27	development plat;
28	28	(2) the land was first served or connected with
29	29	service by an entity described by Subsection (b)(1), (b)(2), or
30	30	(b)(3) before September 1, 1987; or
31	31	(3) the land was first served or connected with
32	32	service by an entity described by Subsection (b)(4), (b)(5), or
33	33	(b)(6) before September 1, 1989[; or
34	34	[(4) the municipal authority responsible for
35	35	approving plats issues a certificate stating that:
36	36	[(A) the land:
37	37	[(i) was sold or conveyed to the person
38	38	requesting service by any means of conveyance, including a contract
39	39	for deed or executory contract, before:
40	40	[(a) September 1, 1995, in a county
41	41	defined under Section 232.022(a)(1); or
42	42	[(b) September 1, 2005, in a county
43	43	defined under Section 232.022(a)(2);
44	44	[(ii) is located in a subdivision in which
45	45	the entity has previously provided service;
46	46	[(iii) is located outside the limits of the
47	47	municipality;
48	48	[(iv) is located in a county to which
49	49	Subchapter B, Chapter 232, applies; and
50	50	[(v) is the site of construction of a
51	51	residence, evidenced by at least the existence of a completed
52	52	foundation, that was begun on or before:
53	53	[(a) May 1, 1997, in a county defined
54	54	under Section 232.022(a)(1); or
55	55	[(b) September 1, 2005, in a county
56	56	defined under Section 232.022(a)(2); or
57	57	[(B) the land was not subdivided after September
58	58	1, 1995, in a county defined under Section 232.022(a)(1), or
59	59	September 1, 2005, in a county defined under Section 232.022(a)(2),
60	60	and:
61	61	[(i) water service is available within 750
62	62	feet of the subdivided land; or
63	63	[(ii) water service is available more than
64	64	750 feet from the subdivided land and the extension of water service
65	65	to the land may be feasible, subject to a final determination by the
66	66	water service provider].
67	67	(d) In a county to which Subchapter B, Chapter 232, applies,
68	68	an entity described by Subsection (b) may serve or connect land with
69	69	water, sewer, electricity, gas, or other utility service that is
70	70	located in the extraterritorial jurisdiction of a municipality
71	71	regardless of whether the entity is presented with or otherwise
72	72	holds a certificate applicable to the land issued under Section
73	73	212.0115, if the municipal authority responsible for approving
74	74	plats issues a certificate stating that:
75	75	(1) the subdivided land:
76	76	(A) was sold or conveyed by a subdivider by any
77	77	means of conveyance, including a contract for deed or executory
78	78	contract, before:
79	79	(i) September 1, 1995, in a county defined
80	80	under Section 232.022(a)(1);
81	81	(ii) September 1, 1999, in a county defined
82	82	under Section 232.022(a)(1) if, on August 31, 1999, the subdivided
83	83	land was located in the extraterritorial jurisdiction of a
84	84	municipality as determined by Chapter 42; or
85	85	(iii) September 1, 2005, in a county
86	86	defined under Section 232.022(a)(2);
87	87	(B) has not been subdivided after September 1,
88	88	1995, September 1, 1999, or September 1, 2005, as applicable under
89	89	Paragraph (A);
90	90	(C) is the site of construction of a residence,
91	91	evidenced by at least the existence of a completed foundation, that
92	92	was begun on or before:
93	93	(i) May 1, 2003, in a county defined under
94	94	Section 232.022(a)(1); or
95	95	(ii) September 1, 2005, in a county defined
96	96	under Section 232.022(a)(2); and
97	97	(D) has had adequate sewer services installed to
98	98	service the lot or dwelling, as determined by an authorized agent
99	99	responsible for the licensing or permitting of on-site sewage
100	100	facilities under Chapter 366, Health and Safety Code;
101	101	(2) the subdivided land is a lot of record as defined
102	102	by Section 232.021(6-a) that is located in a county defined by
103	103	Section 232.022(a)(1) and has adequate sewer services installed
104	104	that are fully operable to service the lot or dwelling, as
105	105	determined by an authorized agent responsible for the licensing or
106	106	permitting of on-site sewage facilities under Chapter 366, Health
107	107	and Safety Code; or
108	108	(3) the land was not subdivided after September 1,
109	109	1995, in a county defined under Section 232.022(a)(1), or September
110	110	1, 2005, in a county defined under Section 232.022(a)(2), and:
111	111	(A) water service is available within 750 feet of
112	112	the subdivided land; or
113	113	(B) water service is available more than 750 feet
114	114	from the subdivided land and the extension of water service to the
115	115	land may be feasible, subject to a final determination by the water
116	116	service provider.
117	117	(e) An entity described by Subsection (b) may provide
118	118	utility service to land described by Subsection (d)(1), (2), or (3)
119	119	[(c)(4)(A)] only if the person requesting service:
120	120	(1) is not the land's subdivider or the subdivider's
121	121	agent; and
122	122	(2) provides to the entity a certificate described by
123	123	Subsection (d) [(c)(4)(A)].
124	124	(f) [(e)] A person requesting service may obtain a
125	125	certificate under Subsection (d)(1), (2), or (3) [(c)(4)(A)] only
126	126	if the person is the owner or purchaser of the subdivided land and
127	127	provides to the municipal authority responsible for approving plats
128	128	documentation containing [either]:
129	129	(1) a copy of the means of conveyance or other
130	130	documents that show that the land was sold or conveyed by a
131	131	subdivider [to the person requesting service] before September 1,
132	132	1995, before September 1, 1999, or before September 1, 2005, as
133	133	applicable under Subsection (d)[, and a notarized affidavit by that
134	134	person that states that construction of a residence on the land,
135	135	evidenced by at least the existence of a completed foundation, was
136	136	begun on or before May 1, 1997, or on or before September 1, 2005, as
137	137	applicable]; [or]
138	138	(2) for a certificate issued under Subsection (d)(1),
139	139	a notarized affidavit by the person requesting service that states
140	140	that [the property was sold or conveyed to that person before
141	141	September 1, 1995, or before September 1, 2005, as applicable, and
142	142	that] construction of a residence on the land, evidenced by at least
143	143	the existence of a completed foundation, was begun on or before May
144	144	1, 2003, in a county defined by Section 232.022(a)(1) or September
145	145	1, 2005, in a county defined by Section 232.022(a)(2), and the
146	146	request for utility connection or service is to connect or serve a
147	147	residence described by Subsection (d)(1)(C);
148	148	(3) a notarized affidavit by the person requesting
149	149	service that states that the subdivided land has not been further
150	150	subdivided after September 1, 1995, September 1, 1999, or September
151	151	1, 2005, as applicable under Subsection (d); and
152	152	(4) evidence that adequate sewer service or facilities
153	153	have been installed and are fully operable to service the lot or
154	154	dwelling from an entity described by Subsection (b) or the
155	155	authorized agent responsible for the licensing or permitting of
156	156	on-site sewage facilities under Chapter 366, Health and Safety Code
157	157	[May 1, 1997, or on or before September 1, 2005, as applicable].
158	158	[(f) A person requesting service may obtain a certificate
159	159	under Subsection (c)(4)(B) only if the person provides to the
160	160	municipal authority responsible for approving plats an affidavit
161	161	that states that the property was not sold or conveyed to that
162	162	person from a subdivider or the subdivider's agent after September
163	163	1, 1995, or after September 1, 2005, as applicable.]
164	164	(j) Except as provided by Subsection (k), this section does
165	165	not prohibit a water or sewer utility from providing in a county
166	166	defined by Section 232.022(a)(1) water or sewer utility connection
167	167	or service to a residential dwelling that:
168	168	(1) is provided water or wastewater facilities under
169	169	or in conjunction with a federal or state funding program designed
170	170	to address inadequate water or wastewater facilities in colonias or
171	171	to residential lots located in a county described by Section
172	172	232.022(a)(1);
173	173	(2) is an existing dwelling identified as an eligible
174	174	recipient for funding by the funding agency providing adequate
175	175	water and wastewater facilities or improvements;
176	176	(3) when connected, will comply with the minimum state
177	177	standards for both water and sewer facilities and as prescribed by
178	178	the model subdivision rules adopted under Section 16.343, Water
179	179	Code; and
180	180	(4) is located in a project for which the municipality
181	181	with jurisdiction over the project or the approval of plats within
182	182	the project area has approved the improvement project by order,
183	183	resolution, or interlocal agreement under Chapter 791, Government
184	184	Code.
185	185	(k) A utility may not serve any subdivided land with water
186	186	utility connection or service under Subsection (j) unless the
187	187	entity receives a determination that adequate sewer services have
188	188	been installed to service the lot or dwelling from the municipal
189	189	authority responsible for approving plats, an entity described by
190	190	Subsection (b), or the authorized agent responsible for the
191	191	licensing or permitting of on-site sewage facilities under Chapter
192	192	366, Health and Safety Code.
193	193	SECTION 2. Section 232.021, Local Government Code, is
194	194	amended by adding Subdivision (6-a) and amending Subdivision (12)
195	195	to read as follows:
196	196	(6-a) "Lot of record" means:
197	197	(A) a lot, the boundaries of which were
198	198	established by a plat recorded in the office of the county clerk
199	199	before September 1, 1989, that has not been subdivided after
200	200	September 1, 1989; or
201	201	(B) a lot, the boundaries of which were
202	202	established by a metes and bounds description in a deed of
203	203	conveyance, a contract of sale, or other executory contract to
204	204	convey real property that has been legally executed and recorded in
205	205	the office of the county clerk before September 1, 1989, that has
206	206	not been subdivided after September 1, 1989.
207	207	(12) "Subdivider" means an individual, firm,
208	208	corporation, or other legal entity [that owns any interest in land
209	209	and] that directly or indirectly subdivides land into lots for sale
210	210	or lease as part of a common promotional plan in the ordinary course
211	211	of business.
212	212	SECTION 3. Section 232.024(b), Local Government Code, is
213	213	amended to read as follows:
214	214	(b) If any part of a plat applies to land intended for
215	215	residential housing and any part of that land lies in a floodplain,
216	216	the commissioners court shall not approve the plat unless:
217	217	(1) the subdivision is developed in compliance with
218	218	the minimum requirements of the National Flood Insurance Program
219	219	and local regulations or orders adopted under Section 16.315, Water
220	220	Code; and
221	221	(2) the plat evidences a restrictive covenant
222	222	prohibiting [as required by this subsection. The restrictive
223	223	covenant shall prohibit] the construction of residential housing in
224	224	any area of the subdivision that is in a floodplain unless the
225	225	housing is developed in compliance with the minimum requirements of
226	226	[qualifies for insurance under] the National Flood Insurance
227	227	Program and local regulations or orders adopted under Section
228	228	16.315, Water Code [Act of 1968 (42 U.S.C. Sections 4001 through
229	229	4127)].
230	230	SECTION 4. Section 232.028(b), Local Government Code, is
231	231	amended to read as follows:
232	232	(b) On the commissioners court's own motion or on the
233	233	written request of a subdivider, an owner or resident of a lot in a
234	234	subdivision, or an entity that provides a utility service, the
235	235	commissioners court shall make the following determinations
236	236	regarding the land in which the entity or commissioners court is
237	237	interested that is located within the jurisdiction of the county:
238	238	(1) whether a plat has been prepared and whether it has
239	239	been reviewed and approved by the commissioners court;
240	240	(2) whether water service facilities have been
241	241	constructed or installed to service the lot or subdivision under
242	242	Section 232.023 and are fully operable;
243	243	(3) whether sewer service facilities have been
244	244	constructed or installed to service the lot or subdivision under
245	245	Section 232.023 and are fully operable, or if septic systems are
246	246	used, whether the lot is served by a permitted on-site sewage
247	247	facility or lots in the subdivision can be adequately and legally
248	248	served by septic systems under Section 232.023; and
249	249	(4) whether electrical and gas facilities, if
250	250	available, have been constructed or installed to service the lot or
251	251	subdivision under Section 232.023.
252	252	SECTION 5. Section 232.029, Local Government Code, is
253	253	amended by amending Subsections (b), (c), (d), (e), and (i) and
254	254	adding Subsections (n) and (o) to read as follows:
255	255	(b) Except as provided by Subsections (c) and (k) or Section
256	256	232.037(c), a utility may not serve or connect any subdivided land
257	257	with electricity or gas unless the entity receives a determination
258	258	from the county commissioners court under Sections 232.028(b)(2)
259	259	and (3) [Section 232.028(b)(2)] that adequate water and sewer
260	260	services have been installed to service the lot or subdivision.
261	261	(c) An electric, gas, water, or sewer service utility may
262	262	serve or connect subdivided land with water, sewer, electricity,
263	263	gas, or other utility service regardless of whether the utility
264	264	receives a certificate issued by the commissioners court under
265	265	Section 232.028(a) or receives a determination from the
266	266	commissioners court under Section 232.028(b) if the utility is
267	267	provided with a certificate issued by the commissioners court that
268	268	states that:
269	269	(1) the subdivided land:
270	270	(A) was sold or conveyed by a subdivider [to the
271	271	person requesting service] by any means of conveyance, including a
272	272	contract for deed or executory contract:
273	273	(i) before September 1, 1995; or
274	274	(ii) before September 1, 1999, if the
275	275	subdivided land on August 31, 1999, was located in the
276	276	extraterritorial jurisdiction of a municipality as determined by
277	277	Chapter 42;
278	278	(B) has not been subdivided after September 1,
279	279	1995, or September 1, 1999, as applicable under Paragraph (A) [is
280	280	located in a subdivision in which the utility has previously
281	281	provided service]; [and]
282	282	(C) is the site of construction of a residence,
283	283	evidenced by at least the existence of a completed foundation, that
284	284	was begun[:
285	285	[(i) on or before May 1, 1997; or
286	286	[(ii)] on or before May 1, 2003; and
287	287	(D) has had adequate sewer services installed to
288	288	service the lot or dwelling, as determined by an authorized agent
289	289	responsible for the licensing or permitting of on-site sewage
290	290	facilities under Chapter 366, Health and Safety Code;
291	291	(2) the subdivided land is a lot of record and has
292	292	adequate sewer services installed that are fully operable to
293	293	service the lot or dwelling, as determined by an authorized agent
294	294	responsible for the licensing or permitting of on-site sewage
295	295	facilities under Chapter 366, Health and Safety Code[, if the
296	296	subdivided land on August 31, 1999, was located in the
297	297	extraterritorial jurisdiction of a municipality as determined by
298	298	Chapter 42]; or
299	299	(3) [(2)] the land was not subdivided after September
300	300	1, 1995, and:
301	301	(A) water service is available within 750 feet of
302	302	the subdivided land; or
303	303	(B) water service is available more than 750 feet
304	304	from the subdivided land and the extension of water service to the
305	305	land may be feasible, subject to a final determination by the water
306	306	service provider.
307	307	(d) A utility may provide utility service to subdivided land
308	308	described by Subsection (c)(1), (2), or (3) only if the person
309	309	requesting service:
310	310	(1) is not the land's subdivider or the subdivider's
311	311	agent; and
312	312	(2) provides to the utility a certificate described by
313	313	Subsection (c) [(c)(1)].
314	314	(e) A person requesting service may obtain a certificate
315	315	under Subsection (c)(1), (2), or (3) only if the person is the owner
316	316	or purchaser of the subdivided land and provides to the
317	317	commissioners court documentation containing [either]:
318	318	(1) [documentation containing:
319	319	[(A)] a copy of the means of conveyance or other
320	320	documents that show that the land was sold or conveyed by a
321	321	subdivider before September 1, 1995, or before September 1, 1999,
322	322	as applicable under Subsection (c);
323	323	(2) [to the person requesting service:
324	324	[(i) before September 1, 1995; or
325	325	[(ii) before September 1, 1999, if the
326	326	subdivided land on August 31, 1999, was located in the
327	327	extraterritorial jurisdiction of a municipality as determined by
328	328	Chapter 42; and
329	329	[(B)] a notarized affidavit by that person
330	330	requesting service under Subsection (c)(1) that states that
331	331	construction of a residence on the land, evidenced by at least the
332	332	existence of a completed foundation, was begun[:
333	333	[(i) on or before May 1, 1997; or
334	334	[(ii)] on or before May 1, 2003, and the
335	335	request for utility connection or service is to connect or serve a
336	336	residence described by Subsection (c)(1)(C);
337	337	(3) [, if the subdivided land on August 31, 1999, was
338	338	located in the extraterritorial jurisdiction of a municipality as
339	339	determined by Chapter 42; or
340	340	[(2)] a notarized affidavit by the person requesting
341	341	service that states that the subdivided land has not been further
342	342	subdivided after[:
343	343	[(A) the property was sold or conveyed to that
344	344	person:
345	345	[(i) before] September 1, 1995, [;] or
346	346	[(ii) before] September 1, 1999, as
347	347	applicable under Subsection (c); and
348	348	(4) evidence that adequate sewer service or facilities
349	349	have been installed and are fully operable to service the lot or
350	350	dwelling from an entity described by Section 232.021(14) or the
351	351	authorized agent responsible for the licensing or permitting of
352	352	on-site sewage facilities under Chapter 366, Health and Safety Code
353	353	[if the subdivided land on August 31, 1999, was located in the
354	354	extraterritorial jurisdiction of a municipality as determined by
355	355	Chapter 42; and
356	356	[(B) construction of a residence on the land,
357	357	evidenced by at least the existence of a completed foundation, was
358	358	begun:
359	359	[(i) on or before May 1, 1997; or
360	360	[(ii) on or before May 1, 2003, if the
361	361	subdivided land on August 31, 1999, was located in the
362	362	extraterritorial jurisdiction of a municipality as determined by
363	363	Chapter 42].
364	364	(i) The prohibition established by this section shall not
365	365	prohibit a water, sewer, [an] electric, or gas utility from
366	366	providing water, sewer, electric, or gas utility connection or
367	367	service to a lot [being] sold, conveyed, or purchased through a
368	368	contract for deed or executory contract or other device by a
369	369	subdivider prior to July 1, 1995, or September 1, 1999, if on August
370	370	31, 1999, the subdivided land was located in the extraterritorial
371	371	jurisdiction of a municipality that has adequate sewer services
372	372	installed that are fully operable to service the lot, as determined
373	373	by an authorized agent responsible for the licensing or permitting
374	374	of on-site sewage facilities under Chapter 366, Health and Safety
375	375	Code, [which is located within a subdivision where the utility has
376	376	previously established service] and was subdivided by a plat
377	377	approved prior to September 1, 1989.
378	378	(n) Except as provided by Subsection (o), this section does
379	379	not prohibit a water or sewer utility from providing water or sewer
380	380	utility connection or service to a residential dwelling that:
381	381	(1) is provided water or wastewater facilities under
382	382	or in conjunction with a federal or state funding program designed
383	383	to address inadequate water or wastewater facilities in colonias or
384	384	to residential lots located in a county described by Section
385	385	232.022(a)(1);
386	386	(2) is an existing dwelling identified as an eligible
387	387	recipient for funding by the funding agency providing adequate
388	388	water and wastewater facilities or improvements;
389	389	(3) when connected, will comply with the minimum state
390	390	standards for both water and sewer facilities and as prescribed by
391	391	the model subdivision rules adopted under Section 16.343, Water
392	392	Code; and
393	393	(4) is located in a project for which the municipality
394	394	with jurisdiction over the project or the approval of plats within
395	395	the project area has approved the improvement project by order,
396	396	resolution, or interlocal agreement under Chapter 791, Government
397	397	Code, if applicable.
398	398	(o) A utility may not serve any subdivided land with water
399	399	utility connection or service under Subsection (n) unless the
400	400	entity receives a determination from the county commissioners court
401	401	under Section 232.028(b)(3) that adequate sewer services have been
402	402	installed to service the lot or dwelling.
403	403	SECTION 6. Section 232.029(f), Local Government Code, is
404	404	repealed.
405	405	SECTION 7. This Act takes effect immediately if it receives
406	406	a vote of two-thirds of all the members elected to each house, as
407	407	provided by Section 39, Article III, Texas Constitution. If this
408	408	Act does not receive the vote necessary for immediate effect, this
409	409	Act takes effect September 1, 2009.