Texas 2009 - 81st Regular

Texas Senate Bill SB2253 Compare Versions

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1	1	S.B. No. 2253
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of certain municipalities and counties to
6	6	regulate platting requirements near an international border.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 212.012, Local Government Code, is
9	9	amended by amending Subsections (a), (c), (d), (e), and (f) and
10	10	adding Subsections (j) and (k) to read as follows:
11	11	(a) Except as provided by Subsection (c), (d), or (j), an
12	12	entity described by Subsection (b) may not serve or connect any land
13	13	with water, sewer, electricity, gas, or other utility service
14	14	unless the entity has been presented with or otherwise holds a
15	15	certificate applicable to the land issued under Section 212.0115.
16	16	(c) An entity described by Subsection (b) may serve or
17	17	connect land with water, sewer, electricity, gas, or other utility
18	18	service regardless of whether the entity is presented with or
19	19	otherwise holds a certificate applicable to the land issued under
20	20	Section 212.0115 if:
21	21	(1) the land is covered by a development plat approved
22	22	under Subchapter B or under an ordinance or rule relating to the
23	23	development plat;
24	24	(2) the land was first served or connected with
25	25	service by an entity described by Subsection (b)(1), (b)(2), or
26	26	(b)(3) before September 1, 1987; or
27	27	(3) the land was first served or connected with
28	28	service by an entity described by Subsection (b)(4), (b)(5), or
29	29	(b)(6) before September 1, 1989[; or
30	30	[(4) the municipal authority responsible for
31	31	approving plats issues a certificate stating that:
32	32	[(A) the land:
33	33	[(i) was sold or conveyed to the person
34	34	requesting service by any means of conveyance, including a contract
35	35	for deed or executory contract, before:
36	36	[(a) September 1, 1995, in a county
37	37	defined under Section 232.022(a)(1); or
38	38	[(b) September 1, 2005, in a county
39	39	defined under Section 232.022(a)(2);
40	40	[(ii) is located in a subdivision in which
41	41	the entity has previously provided service;
42	42	[(iii) is located outside the limits of the
43	43	municipality;
44	44	[(iv) is located in a county to which
45	45	Subchapter B, Chapter 232, applies; and
46	46	[(v) is the site of construction of a
47	47	residence, evidenced by at least the existence of a completed
48	48	foundation, that was begun on or before:
49	49	[(a) May 1, 1997, in a county defined
50	50	under Section 232.022(a)(1); or
51	51	[(b) September 1, 2005, in a county
52	52	defined under Section 232.022(a)(2); or
53	53	[(B) the land was not subdivided after September
54	54	1, 1995, in a county defined under Section 232.022(a)(1), or
55	55	September 1, 2005, in a county defined under Section 232.022(a)(2),
56	56	and:
57	57	[(i) water service is available within 750
58	58	feet of the subdivided land; or
59	59	[(ii) water service is available more than
60	60	750 feet from the subdivided land and the extension of water service
61	61	to the land may be feasible, subject to a final determination by the
62	62	water service provider].
63	63	(d) In a county to which Subchapter B, Chapter 232, applies,
64	64	an entity described by Subsection (b) may serve or connect land with
65	65	water, sewer, electricity, gas, or other utility service that is
66	66	located in the extraterritorial jurisdiction of a municipality
67	67	regardless of whether the entity is presented with or otherwise
68	68	holds a certificate applicable to the land issued under Section
69	69	212.0115, if the municipal authority responsible for approving
70	70	plats issues a certificate stating that:
71	71	(1) the subdivided land:
72	72	(A) was sold or conveyed by a subdivider by any
73	73	means of conveyance, including a contract for deed or executory
74	74	contract, before:
75	75	(i) September 1, 1995, in a county defined
76	76	under Section 232.022(a)(1);
77	77	(ii) September 1, 1999, in a county defined
78	78	under Section 232.022(a)(1) if, on August 31, 1999, the subdivided
79	79	land was located in the extraterritorial jurisdiction of a
80	80	municipality as determined by Chapter 42; or
81	81	(iii) September 1, 2005, in a county
82	82	defined under Section 232.022(a)(2);
83	83	(B) has not been subdivided after September 1,
84	84	1995, September 1, 1999, or September 1, 2005, as applicable under
85	85	Paragraph (A);
86	86	(C) is the site of construction of a residence,
87	87	evidenced by at least the existence of a completed foundation, that
88	88	was begun on or before:
89	89	(i) May 1, 2003, in a county defined under
90	90	Section 232.022(a)(1); or
91	91	(ii) September 1, 2005, in a county defined
92	92	under Section 232.022(a)(2); and
93	93	(D) has had adequate sewer services installed to
94	94	service the lot or dwelling, as determined by an authorized agent
95	95	responsible for the licensing or permitting of on-site sewage
96	96	facilities under Chapter 366, Health and Safety Code;
97	97	(2) the subdivided land is a lot of record as defined
98	98	by Section 232.021(6-a) that is located in a county defined by
99	99	Section 232.022(a)(1) and has adequate sewer services installed
100	100	that are fully operable to service the lot or dwelling, as
101	101	determined by an authorized agent responsible for the licensing or
102	102	permitting of on-site sewage facilities under Chapter 366, Health
103	103	and Safety Code; or
104	104	(3) the land was not subdivided after September 1,
105	105	1995, in a county defined under Section 232.022(a)(1), or September
106	106	1, 2005, in a county defined under Section 232.022(a)(2), and:
107	107	(A) water service is available within 750 feet of
108	108	the subdivided land; or
109	109	(B) water service is available more than 750 feet
110	110	from the subdivided land and the extension of water service to the
111	111	land may be feasible, subject to a final determination by the water
112	112	service provider.
113	113	(e) An entity described by Subsection (b) may provide
114	114	utility service to land described by Subsection (d)(1), (2), or (3)
115	115	[(c)(4)(A)] only if the person requesting service:
116	116	(1) is not the land's subdivider or the subdivider's
117	117	agent; and
118	118	(2) provides to the entity a certificate described by
119	119	Subsection (d) [(c)(4)(A)].
120	120	(f) [(e)] A person requesting service may obtain a
121	121	certificate under Subsection (d)(1), (2), or (3) [(c)(4)(A)] only
122	122	if the person is the owner or purchaser of the subdivided land and
123	123	provides to the municipal authority responsible for approving plats
124	124	documentation containing [either]:
125	125	(1) a copy of the means of conveyance or other
126	126	documents that show that the land was sold or conveyed by a
127	127	subdivider [to the person requesting service] before September 1,
128	128	1995, before September 1, 1999, or before September 1, 2005, as
129	129	applicable under Subsection (d)[, and a notarized affidavit by that
130	130	person that states that construction of a residence on the land,
131	131	evidenced by at least the existence of a completed foundation, was
132	132	begun on or before May 1, 1997, or on or before September 1, 2005, as
133	133	applicable]; [or]
134	134	(2) for a certificate issued under Subsection (d)(1),
135	135	a notarized affidavit by the person requesting service that states
136	136	that [the property was sold or conveyed to that person before
137	137	September 1, 1995, or before September 1, 2005, as applicable, and
138	138	that] construction of a residence on the land, evidenced by at least
139	139	the existence of a completed foundation, was begun on or before May
140	140	1, 2003, in a county defined by Section 232.022(a)(1) or September
141	141	1, 2005, in a county defined by Section 232.022(a)(2), and the
142	142	request for utility connection or service is to connect or serve a
143	143	residence described by Subsection (d)(1)(C);
144	144	(3) a notarized affidavit by the person requesting
145	145	service that states that the subdivided land has not been further
146	146	subdivided after September 1, 1995, September 1, 1999, or September
147	147	1, 2005, as applicable under Subsection (d); and
148	148	(4) evidence that adequate sewer service or facilities
149	149	have been installed and are fully operable to service the lot or
150	150	dwelling from an entity described by Subsection (b) or the
151	151	authorized agent responsible for the licensing or permitting of
152	152	on-site sewage facilities under Chapter 366, Health and Safety Code
153	153	[May 1, 1997, or on or before September 1, 2005, as applicable.
154	154	[(f) A person requesting service may obtain a certificate
155	155	under Subsection (c)(4)(B) only if the person provides to the
156	156	municipal authority responsible for approving plats an affidavit
157	157	that states that the property was not sold or conveyed to that
158	158	person from a subdivider or the subdivider's agent after September
159	159	1, 1995, or after September 1, 2005, as applicable].
160	160	(j) Except as provided by Subsection (k), this section does
161	161	not prohibit a water or sewer utility from providing in a county
162	162	defined by Section 232.022(a)(1) water or sewer utility connection
163	163	or service to a residential dwelling that:
164	164	(1) is provided water or wastewater facilities under
165	165	or in conjunction with a federal or state funding program designed
166	166	to address inadequate water or wastewater facilities in colonias or
167	167	to residential lots located in a county described by Section
168	168	232.022(a)(1);
169	169	(2) is an existing dwelling identified as an eligible
170	170	recipient for funding by the funding agency providing adequate
171	171	water and wastewater facilities or improvements;
172	172	(3) when connected, will comply with the minimum state
173	173	standards for both water and sewer facilities and as prescribed by
174	174	the model subdivision rules adopted under Section 16.343, Water
175	175	Code; and
176	176	(4) is located in a project for which the municipality
177	177	with jurisdiction over the project or the approval of plats within
178	178	the project area has approved the improvement project by order,
179	179	resolution, or interlocal agreement under Chapter 791, Government
180	180	Code.
181	181	(k) A utility may not serve any subdivided land with water
182	182	utility connection or service under Subsection (j) unless the
183	183	entity receives a determination that adequate sewer services have
184	184	been installed to service the lot or dwelling from the municipal
185	185	authority responsible for approving plats, an entity described by
186	186	Subsection (b), or the authorized agent responsible for the
187	187	licensing or permitting of on-site sewage facilities under Chapter
188	188	366, Health and Safety Code.
189	189	SECTION 2. Section 232.021, Local Government Code, is
190	190	amended by adding Subdivision (6-a) and amending Subdivision (12)
191	191	to read as follows:
192	192	(6-a) "Lot of record" means:
193	193	(A) a lot, the boundaries of which were
194	194	established by a plat recorded in the office of the county clerk
195	195	before September 1, 1989, that has not been subdivided after
196	196	September 1, 1989; or
197	197	(B) a lot, the boundaries of which were
198	198	established by a metes and bounds description in a deed of
199	199	conveyance, a contract of sale, or other executory contract to
200	200	convey real property that has been legally executed and recorded in
201	201	the office of the county clerk before September 1, 1989, that has
202	202	not been subdivided after September 1, 1989.
203	203	(12) "Subdivider" means an individual, firm,
204	204	corporation, or other legal entity [that owns any interest in land
205	205	and] that directly or indirectly subdivides land into lots for sale
206	206	or lease as part of a common promotional plan in the ordinary course
207	207	of business.
208	208	SECTION 3. Subsection (b), Section 232.024, Local
209	209	Government Code, is amended to read as follows:
210	210	(b) If any part of a plat applies to land intended for
211	211	residential housing and any part of that land lies in a floodplain,
212	212	the commissioners court shall not approve the plat unless:
213	213	(1) the subdivision is developed in compliance with
214	214	the minimum requirements of the National Flood Insurance Program
215	215	and local regulations or orders adopted under Section 16.315, Water
216	216	Code; and
217	217	(2) the plat evidences a restrictive covenant
218	218	prohibiting [as required by this subsection. The restrictive
219	219	covenant shall prohibit] the construction of residential housing in
220	220	any area of the subdivision that is in a floodplain unless the
221	221	housing is developed in compliance with the minimum requirements of
222	222	[qualifies for insurance under] the National Flood Insurance
223	223	Program and local regulations or orders adopted under Section
224	224	16.315, Water Code [Act of 1968 (42 U.S.C. Sections 4001 through
225	225	4127)].
226	226	SECTION 4. Subsection (b), Section 232.028, Local
227	227	Government Code, is amended to read as follows:
228	228	(b) On the commissioners court's own motion or on the
229	229	written request of a subdivider, an owner or resident of a lot in a
230	230	subdivision, or an entity that provides a utility service, the
231	231	commissioners court shall make the following determinations
232	232	regarding the land in which the entity or commissioners court is
233	233	interested that is located within the jurisdiction of the county:
234	234	(1) whether a plat has been prepared and whether it has
235	235	been reviewed and approved by the commissioners court;
236	236	(2) whether water service facilities have been
237	237	constructed or installed to service the lot or subdivision under
238	238	Section 232.023 and are fully operable;
239	239	(3) whether sewer service facilities have been
240	240	constructed or installed to service the lot or subdivision under
241	241	Section 232.023 and are fully operable, or if septic systems are
242	242	used, whether the lot is served by a permitted on-site sewage
243	243	facility or lots in the subdivision can be adequately and legally
244	244	served by septic systems under Section 232.023; and
245	245	(4) whether electrical and gas facilities, if
246	246	available, have been constructed or installed to service the lot or
247	247	subdivision under Section 232.023.
248	248	SECTION 5. Section 232.029, Local Government Code, is
249	249	amended by amending Subsections (b), (c), (d), (e), and (i) and
250	250	adding Subsections (n) and (o) to read as follows:
251	251	(b) Except as provided by Subsections (c) and (k) or Section
252	252	232.037(c), a utility may not serve or connect any subdivided land
253	253	with electricity or gas unless the entity receives a determination
254	254	from the county commissioners court under Sections [Section]
255	255	232.028(b)(2) and (3) that adequate water and sewer services have
256	256	been installed to service the lot or subdivision.
257	257	(c) An electric, gas, water, or sewer service utility may
258	258	serve or connect subdivided land with water, sewer, electricity,
259	259	gas, or other utility service regardless of whether the utility
260	260	receives a certificate issued by the commissioners court under
261	261	Section 232.028(a) or receives a determination from the
262	262	commissioners court under Section 232.028(b) if the utility is
263	263	provided with a certificate issued by the commissioners court that
264	264	states that:
265	265	(1) the subdivided land:
266	266	(A) was sold or conveyed by a subdivider [to the
267	267	person requesting service] by any means of conveyance, including a
268	268	contract for deed or executory contract:
269	269	(i) before September 1, 1995; or
270	270	(ii) before September 1, 1999, if the
271	271	subdivided land on August 31, 1999, was located in the
272	272	extraterritorial jurisdiction of a municipality as determined by
273	273	Chapter 42;
274	274	(B) has not been subdivided after September 1,
275	275	1995, or September 1, 1999, as applicable under Paragraph (A) [is
276	276	located in a subdivision in which the utility has previously
277	277	provided service]; [and]
278	278	(C) is the site of construction of a residence,
279	279	evidenced by at least the existence of a completed foundation, that
280	280	was begun[:
281	281	[(i) on or before May 1, 1997; or
282	282	[(ii)] on or before May 1, 2003; and
283	283	(D) has had adequate sewer services installed to
284	284	service the lot or dwelling, as determined by an authorized agent
285	285	responsible for the licensing or permitting of on-site sewage
286	286	facilities under Chapter 366, Health and Safety Code;
287	287	(2) the subdivided land is a lot of record and has
288	288	adequate sewer services installed that are fully operable to
289	289	service the lot or dwelling, as determined by an authorized agent
290	290	responsible for the licensing or permitting of on-site sewage
291	291	facilities under Chapter 366, Health and Safety Code[, if the
292	292	subdivided land on August 31, 1999, was located in the
293	293	extraterritorial jurisdiction of a municipality as determined by
294	294	Chapter 42]; or
295	295	(3) [(2)] the land was not subdivided after September
296	296	1, 1995, and:
297	297	(A) water service is available within 750 feet of
298	298	the subdivided land; or
299	299	(B) water service is available more than 750 feet
300	300	from the subdivided land and the extension of water service to the
301	301	land may be feasible, subject to a final determination by the water
302	302	service provider.
303	303	(d) A utility may provide utility service to subdivided land
304	304	described by Subsection (c)(1), (2), or (3) only if the person
305	305	requesting service:
306	306	(1) is not the land's subdivider or the subdivider's
307	307	agent; and
308	308	(2) provides to the utility a certificate described by
309	309	Subsection (c) [(c)(1)].
310	310	(e) A person requesting service may obtain a certificate
311	311	under Subsection (c)(1), (2), or (3) only if the person is the owner
312	312	or purchaser of the subdivided land and provides to the
313	313	commissioners court documentation containing [either]:
314	314	(1) [documentation containing:
315	315	[(A)] a copy of the means of conveyance or other
316	316	documents that show that the land was sold or conveyed by a
317	317	subdivider before September 1, 1995, or before September 1, 1999,
318	318	as applicable under Subsection (c);
319	319	(2) [to the person requesting service:
320	320	[(i) before September 1, 1995; or
321	321	[(ii) before September 1, 1999, if the
322	322	subdivided land on August 31, 1999, was located in the
323	323	extraterritorial jurisdiction of a municipality as determined by
324	324	Chapter 42; and
325	325	[(B)] a notarized affidavit by that person
326	326	requesting service under Subsection (c)(1) that states that
327	327	construction of a residence on the land, evidenced by at least the
328	328	existence of a completed foundation, was begun[:
329	329	[(i) on or before May 1, 1997; or
330	330	[(ii)] on or before May 1, 2003, and the
331	331	request for utility connection or service is to connect or serve a
332	332	residence described by Subsection (c)(1)(C);
333	333	(3) [if the subdivided land on August 31, 1999, was
334	334	located in the extraterritorial jurisdiction of a municipality as
335	335	determined by Chapter 42; or
336	336	[(2)] a notarized affidavit by the person requesting
337	337	service that states that the subdivided land has not been further
338	338	subdivided after[:
339	339	[(A) the property was sold or conveyed to that
340	340	person:
341	341	[(i) before] September 1, 1995,[;] or
342	342	[(ii) before] September 1, 1999, as
343	343	applicable under Subsection (c); and
344	344	(4) evidence that adequate sewer service or facilities
345	345	have been installed and are fully operable to service the lot or
346	346	dwelling from an entity described by Section 232.021(14) or the
347	347	authorized agent responsible for the licensing or permitting of
348	348	on-site sewage facilities under Chapter 366, Health and Safety Code
349	349	[if the subdivided land on August 31, 1999, was located in the
350	350	extraterritorial jurisdiction of a municipality as determined by
351	351	Chapter 42; and
352	352	[(B) construction of a residence on the land,
353	353	evidenced by at least the existence of a completed foundation, was
354	354	begun:
355	355	[(i) on or before May 1, 1997; or
356	356	[(ii) on or before May 1, 2003, if the
357	357	subdivided land on August 31, 1999, was located in the
358	358	extraterritorial jurisdiction of a municipality as determined by
359	359	Chapter 42].
360	360	(i) The prohibition established by this section shall not
361	361	prohibit a water, sewer, [an] electric, or gas utility from
362	362	providing water, sewer, electric, or gas utility connection or
363	363	service to a lot [being] sold, conveyed, or purchased through a
364	364	contract for deed or executory contract or other device by a
365	365	subdivider prior to July 1, 1995, or September 1, 1999, if on August
366	366	31, 1999, the subdivided land was located in the extraterritorial
367	367	jurisdiction of a municipality that has adequate sewer services
368	368	installed that are fully operable to service the lot, as determined
369	369	by an authorized agent responsible for the licensing or permitting
370	370	of on-site sewage facilities under Chapter 366, Health and Safety
371	371	Code, [which is located within a subdivision where the utility has
372	372	previously established service] and was subdivided by a plat
373	373	approved prior to September 1, 1989.
374	374	(n) Except as provided by Subsection (o), this section does
375	375	not prohibit a water or sewer utility from providing water or sewer
376	376	utility connection or service to a residential dwelling that:
377	377	(1) is provided water or wastewater facilities under
378	378	or in conjunction with a federal or state funding program designed
379	379	to address inadequate water or wastewater facilities in colonias or
380	380	to residential lots located in a county described by Section
381	381	232.022(a)(1);
382	382	(2) is an existing dwelling identified as an eligible
383	383	recipient for funding by the funding agency providing adequate
384	384	water and wastewater facilities or improvements;
385	385	(3) when connected, will comply with the minimum state
386	386	standards for both water and sewer facilities and as prescribed by
387	387	the model subdivision rules adopted under Section 16.343, Water
388	388	Code; and
389	389	(4) is located in a project for which the municipality
390	390	with jurisdiction over the project or the approval of plats within
391	391	the project area has approved the improvement project by order,
392	392	resolution, or interlocal agreement under Chapter 791, Government
393	393	Code, if applicable.
394	394	(o) A utility may not serve any subdivided land with water
395	395	utility connection or service under Subsection (n) unless the
396	396	entity receives a determination from the county commissioners court
397	397	under Section 232.028(b)(3) that adequate sewer services have been
398	398	installed to service the lot or dwelling.
399	399	SECTION 6. Subsection (f), Section 232.029, Local
400	400	Government Code, is repealed.
401	401	SECTION 7. This Act takes effect immediately if it receives
402	402	a vote of two-thirds of all the members elected to each house, as
403	403	provided by Section 39, Article III, Texas Constitution. If this
404	404	Act does not receive the vote necessary for immediate effect, this
405	405	Act takes effect September 1, 2009.
406	406	______________________________ ______________________________
407	407	President of the Senate Speaker of the House
408	408	I hereby certify that S.B. No. 2253 passed the Senate on
409	409	May 14, 2009, by the following vote: Yeas 31, Nays 0; and that the
410	410	Senate concurred in House amendments on May 30, 2009, by the
411	411	following vote: Yeas 31, Nays 0.
412	412	______________________________
413	413	Secretary of the Senate
414	414	I hereby certify that S.B. No. 2253 passed the House, with
415	415	amendments, on May 27, 2009, by the following vote: Yeas 141,
416	416	Nays 7, one present not voting.
417	417	______________________________
418	418	Chief Clerk of the House
419	419	Approved:
420	420	______________________________
421	421	Date
422	422	______________________________
423	423	Governor