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
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