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


Office of House Bill AnalysisH.B. 3604
By: Najera
Land & Resource Management
4/4/2001
Introduced



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. This provision 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 if the utility is provided with a
certificate issued by a commissioners court that states the land in an ETJ
was sold or conveyed to the person requesting service before September 1,
1999, and the person began construction on the land before May 1, 2003.

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 that states that  the land was sold or conveyed to the
person requesting service by any means of conveyance before September 1,
1995, or before September 1, 1999, if the subdivided land is located in the
extraterritorial jurisdiction (ETJ) of a municipality and is the site of
construction of a residence that was begun on or before May 1, 1997 or
before May 1, 2003, if the subdivided land is located in the ETJ of a
municipality. 

EFFECTIVE DATE

September 1, 2001.