HBA-BSM H.B. 3604 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3604
By: Najera
Land & Resource Management
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

In 1999, the legislature authorized an electric, gas, water, or sewer
service utility to provide services if the utility received a certificate
issued by the commissioners court. The certificate must state that the
subdivided land was purchased before September 1, 1995, is located in a
subdivision in which the utility has previously provided service, and is
the site of construction of a residence that was begun on or before May 1,
1997. These provisions and restrictions also apply to extraterritorial
jurisdictions (ETJ).  The 1999 legislation may have made it difficult for
persons who bought land in an ETJ between September 1, 1995, and September
1, 1999, to obtain a certificate for utility service.  House Bill 3604
authorizes a utility to provide service to land located in a subdivision in
which the utility has previously provided service if the utility is
provided with a certificate issued by a commissioners court that states
that the land in an ETJ was sold or conveyed to the person requesting
service before September 1, 1999,  and construction of a residence was
begun on the land on or before May 1, 2003,  if the subdivided land was
located in the ETJ on August 31, 1999. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3604 amends the Local Government Code to authorize an electric,
gas, water, or sewer service utility to serve or connect subdivided land
with services if the utility is provided with a certificate issued by the
commissioners court of a county (commissioners court) states that  the land
is located in a subdivision in which the utility has previously provided
service, was sold or conveyed to the person requesting service before
September 1, 1999,  and is the site of construction of a residence that was
begun on or before May 1, 2003, if the subdivided land, was located in the
extraterritorial jurisdiction (ETJ) of a municipality on August 31, 1999. 

The bill provides that a person requesting service may obtain a certificate
only if the person provides the commissioners court specified documentation
showing that the land was sold or conveyed to the person requesting service
before September 1, 1999, and construction of a residence on the land was
begun on or before May 1, 2003, if the subdivided land was located  in the
ETJ of a municipality on August 31, 1999. A person requesting service may
obtain a certificate only if the person provides to the commissioners court
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, 1999,
if the subdivided land on August 31, 1999, was located in the ETJ. 

EFFECTIVE DATE

September 1, 2001.