Tex.
Local Gov't Code Section 232.028
Certification Regarding Compliance with Plat Requirements
(a)
On the approval of a plat by the commissioners court, the commissioners court shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the commissioners court.(b)
On the commissioners court’s own motion or on the written request of a subdivider, an owner or resident of a lot in a subdivision, or an entity that provides a utility service, the commissioners court shall make the following determinations regarding the land in which the entity or commissioners court is interested that is located within the jurisdiction of the county:(1)
whether a plat has been prepared and whether it has been reviewed and approved by the commissioners court;(2)
whether water service facilities have been constructed or installed to service the lot or subdivision under Section 232.023 (Plat Required) and are fully operable;(3)
whether sewer service facilities have been constructed or installed to service the lot or subdivision under Section 232.023 (Plat Required) and are fully operable, or if septic systems are used, whether the lot is served by a permitted on-site sewage facility or lots in the subdivision can be adequately and legally served by septic systems under Section 232.023 (Plat Required); and(4)
whether electrical and gas facilities, if available, have been constructed or installed to service the lot or subdivision under Section 232.023 (Plat Required).(c)
The request made under Subsection (b) must identify the land that is the subject of the request.(d)
Whenever a request is made under Subsection (b), the commissioners court shall issue the requesting party a written certification of its determinations under that subsection.(e)
The commissioners court shall make its determinations within 20 days after the date it receives the request under Subsection (b) and shall issue the certificate, if appropriate, within 10 days after the date the determinations are made.(f)
The commissioners court may adopt rules it considers necessary to administer its duties under this section.(g)
The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. The amount of the fee may be the greater of $30 or the amount of the fee imposed by the municipality for a subdivision that is located entirely in the extraterritorial jurisdiction of the municipality for a certificate issued under Section 212.0115 (Certification Regarding Compliance with Plat Requirements). A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115 (Certification Regarding Compliance with Plat Requirements).(a-1)
Except as provided by Subsection (c) or Section 232.037 (Enforcement)(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(a) or receives a determination from the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(b)(1) that the plat has been reviewed and approved by the commissioners court.(b)
Except as provided by Subsections (c) and (k) or Section 232.037 (Enforcement)(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Sections 232.028 (Certification Regarding Compliance with Plat Requirements)(b)(2) and (3) that adequate water and sewer services have been installed to service the lot or subdivision.(c)
An electric, gas, water, or sewer service utility may serve or connect subdivided land with water, sewer, electricity, gas, or other utility service regardless of whether the utility receives a certificate issued by the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(a) or receives a determination from the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(b) if the utility is provided with a certificate issued by the commissioners court that states that:(1)
the subdivided land:(A)
was sold or conveyed by a subdivider by any means of conveyance, including a contract for deed or executory contract:(i)
before September 1, 1995; or(ii)
before September 1, 1999, if the subdivided land on August 31, 1999, was located in the extraterritorial jurisdiction of a municipality as determined by Chapter 42 (Extraterritorial Jurisdiction of Municipalities);(B)
has not been subdivided after September 1, 1995, or September 1, 1999, as applicable under Paragraph (A);(C)
is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before May 1, 2003; and(D)
has had adequate sewer services installed to service the lot or dwelling, as determined by an authorized agent responsible for the licensing or permitting of on-site sewage facilities under Chapter 366 (On-site Sewage Disposal Systems), Health and Safety Code;(2)
the subdivided land is a lot of record and has adequate sewer services installed that are fully operable to service the lot or dwelling, as determined by an authorized agent responsible for the licensing or permitting of on-site sewage facilities under Chapter 366 (On-site Sewage Disposal Systems), Health and Safety Code; or(3)
the land was not subdivided after September 1, 1995, and:(A)
water service is available within 750 feet of the subdivided land; or(B)
water service is available more than 750 feet from the subdivided land and the extension of water service to the land may be feasible, subject to a final determination by the water service provider.(d)
A utility may provide utility service to subdivided land described by Subsection (c)(1), (2), or (3) only if the person requesting service:(1)
is not the land’s subdivider or the subdivider’s agent; and(2)
provides to the utility a certificate described by Subsection (c).(e)
A person requesting service may obtain a certificate under Subsection (c)(1), (2), or (3) only if the person is the owner or purchaser of the subdivided land and provides to the commissioners court documentation containing:(1)
a copy of the means of conveyance or other documents that show that the land was sold or conveyed by a subdivider before September 1, 1995, or before September 1, 1999, as applicable under Subsection (c);(2)
a notarized affidavit by that person requesting service under Subsection (c)(1) that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 2003, and the request for utility connection or service is to connect or serve a residence described by Subsection (c)(1)(C);(3)
a notarized affidavit by the person requesting service that states that the subdivided land has not been further subdivided after September 1, 1995, or September 1, 1999, as applicable under Subsection (c); and(4)
evidence that adequate sewer service or facilities have been installed and are fully operable to service the lot or dwelling from an entity described by Section 232.021 (Definitions)(14) or the authorized agent responsible for the licensing or permitting of on-site sewage facilities under Chapter 366 (On-site Sewage Disposal Systems), Health and Safety Code.(f)
Repealed by Acts 2009, 81st Leg., R.S., Ch. 1239, Sec. 6, eff. June 19, 2009.(g)
On request, the commissioners court shall provide to the attorney general and any appropriate local, county, or state law enforcement official a copy of any document on which the commissioners court relied in determining the legality of providing service.(h)
This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred.(i)
The prohibition established by this section shall not prohibit a water, sewer, electric, or gas utility from providing water, sewer, electric, or gas utility connection or service to a lot sold, conveyed, or purchased through a contract for deed or executory contract or other device by a subdivider prior to July 1, 1995, or September 1, 1999, if on August 31, 1999, the subdivided land was located in the extraterritorial jurisdiction of a municipality that has adequate sewer services installed that are fully operable to service the lot, as determined by an authorized agent responsible for the licensing or permitting of on-site sewage facilities under Chapter 366 (On-site Sewage Disposal Systems), Health and Safety Code, and was subdivided by a plat approved prior to September 1, 1989.(j)
In this section, “foundation” means the lowest division of a residence, usually consisting of a masonry slab or a pier and beam structure, that is partly or wholly below the surface of the ground and on which the residential structure rests.(k)
Subject to Subsections (l) and (m), a utility that does not hold a certificate issued by, or has not received a determination from, the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements) to serve or connect subdivided property with electricity or gas may provide that service to a single-family residential dwelling on that property if:(1)
the person requesting utility service:(A)
is the owner and occupant of the residential dwelling; and(B)
on or before January 1, 2001, owned and occupied the residential dwelling;(2)
the utility previously provided the utility service on or before January 1, 2001, to the property for the person requesting the service;(3)
the utility service provided as described by Subdivision (2) was terminated not earlier than five years before the date on which the person requesting utility service submits an application for that service; and(4)
providing the utility service will not result in:(A)
an increase in the volume of utility service provided to the property; or(B)
more than one utility connection for each single-family residential dwelling located on the property.(l)
A utility may provide service under Subsection (k) only if the person requesting the service provides to the commissioners court documentation that evidences compliance with the requirements of Subsection (k) and that is satisfactory to the commissioners court.(m)
A utility may not serve or connect subdivided property as described by Subsection (k) if, on or after September 1, 2007, any existing improvements on that property are modified.(n)
Except as provided by Subsection (o), this section does not prohibit a water or sewer utility from providing water or sewer utility connection or service to a residential dwelling that:(1)
is provided water or wastewater facilities under or in conjunction with a federal or state funding program designed to address inadequate water or wastewater facilities in colonias or to residential lots located in a county described by Section 232.022 (Applicability)(a)(1);(2)
is an existing dwelling identified as an eligible recipient for funding by the funding agency providing adequate water and wastewater facilities or improvements;(3)
when connected, will comply with the minimum state standards for both water and sewer facilities and as prescribed by the model subdivision rules adopted under Section 16.343 (Minimum State Standards and Model Political Subdivision Rules), Water Code; and(4)
is located in a project for which the municipality with jurisdiction over the project or the approval of plats within the project area has approved the improvement project by order, resolution, or interlocal agreement under Chapter 791 (Interlocal Cooperation Contracts), Government Code, if applicable.(o)
A utility may not serve any subdivided land with water utility connection or service under Subsection (n) unless the entity receives a determination from the county commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(b)(3) that adequate sewer services have been installed to service the lot or dwelling.(p)
The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. The amount of the fee may be the greater of $30 or the amount of the fee imposed by the municipality for a subdivision that is located entirely in the extraterritorial jurisdiction of the municipality for a certificate issued under Section 212.0115 (Certification Regarding Compliance with Plat Requirements). A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115 (Certification Regarding Compliance with Plat Requirements).(b)
Except as provided by Subsection (d) or Section 232.037 (Enforcement)(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(a) or receives a determination from the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(b)(1) that the plat has been reviewed and approved by the commissioners court.(c)
Except as provided by Subsection (d) or Section 232.037 (Enforcement)(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(b)(2) that adequate water and sewer services have been installed to service the subdivision.(d)
An electric, gas, water, or sewer service utility may serve or connect subdivided land with water, sewer, electricity, gas, or other utility service regardless of whether the utility receives a certificate issued by the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(a) or receives a determination from the commissioners court under Section 232.028 (Certification Regarding Compliance with Plat Requirements)(b) if the utility is provided with a certificate issued by the commissioners court that states that:(1)
the subdivided land:(A)
was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract before September 1, 2005;(B)
is located in a subdivision in which the utility has previously provided service; and(C)
is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before September 1, 2005; or(2)
the subdivided land was not subdivided after September 1, 2005, and:(A)
water service is available within 750 feet of the subdivided land; or(B)
water service is available more than 750 feet from the subdivided land and the extension of water service to the land may be feasible, subject to a final determination by the water service provider.(e)
A utility may provide utility service to subdivided land described by Subsection (d)(1) only if the person requesting service:(1)
is not the land’s subdivider or the subdivider’s agent; and(2)
provides to the utility a certificate described by Subsection (d)(1).(f)
A person requesting service may obtain a certificate under Subsection (d)(1) only if the person provides to the commissioners court either:(1)
documentation containing:(A)
a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 2005; and(B)
a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005; or(2)
a notarized affidavit by the person requesting service that states that:(A)
the property was sold or conveyed to that person before September 1, 2005; and(B)
construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005.(g)
A person requesting service may obtain a certificate under Subsection (d)(2) 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, 2005.(h)
On request, the commissioners court shall provide to the attorney general and any appropriate local, county, or state law enforcement official a copy of any document on which the commissioners court relied in determining the legality of providing service.(i)
This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred.(j)
The prohibition established by this section does not prohibit an electric or gas utility from providing electric or gas utility connection or service to a lot:(1)
sold, conveyed, or purchased through a contract for deed or executory contract or other device by a subdivider before September 1, 2005;(2)
located within a subdivision where the utility has previously established service; and(3)
subdivided by a plat approved before September 1, 1989.(k)
In this section, “foundation” means the lowest division of a residence, usually consisting of a masonry slab or a pier and beam structure, that is partly or wholly below the surface of the ground and on which the residential structure rests.
Source:
Section 232.028 — Certification Regarding Compliance with Plat Requirements, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.232.htm#232.028 (accessed Apr. 20, 2024).
