Within ETJ Checklist for Utility Connection Eligibility: Electric and Gas Utilities

The options below outline the conditions that must be satisfied before a lot in a residential subdivision within a city's extraterritorial jurisdiction may be eligible for electric or gas utility service under requirements enforced by the city and the county. The city requirements are found in Chapter 212 of the Local Govt. Code ("LGC"), especially LGC 212.0115 and 212.012. The county requirements are part of Subchapter B, Chapter 232, Local Govt. Code. A residential lot in an ETJ must simultaneously satisfy one of the city options and one of the county options to be eligible for utility service.

City Eligibility Options

Option 1: Condition under LGC 212.012(a) and 212.0115:

A plat of the subdivision has been reviewed and approved by the city's plat-approving authority,
OR
A plat is not required by the city for the land.

NOTE: The condition satisfied above must be stated on a certificate issued by the city's plat-approving authority, or by a person or persons delegated by the city's governing body.

Option 2: Alternative Certificate from County under LGC 232.028:

A certificate has been issued for the lot by the county under LGC 232.028. [See LGC 232.028(g).]

NOTE: Under such county certificates, a lot is eligible for electric and gas utility service if (1) water facilities have been constructed and installed for the subdivision and are fully operable, and (2) sewer service facilities have been constructed and installed for the subdivision and are fully operable, or the lots can be adequately and legally served by on-site sewage facilities (OSSF) if OSSF are to be used.

Option 3: Conditions under LGC 212.012(d)(1) and (e):

The lot is located outside the city limits.

The lot was sold or conveyed by the subdivider (by any means of conveyance, including a contract for deed or executory contract) before Sept. 1, 1995 or Sept. 1, 2005.

Lot has adequate sewer services installed.

The lot 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 or Sept. 1, 2005.

The person requesting service is not the subdivider or the subdivider's agent.

NOTES: The person requesting utility service must provide documentation and/or an affidavit regarding the above conditions. The city's plat-approving authority has the discretion to approve or deny a request under this option. If it approves the request under this option, the authority will issue a certificate stating the first four conditions.

Option 4: Conditions under LGC 212.012(d)(1)(3) and (e):

The land was not subdivided after September 1, 1995 or September 1, 2005.

Water service is available within 750 feet of the subdivided land,
OR
water service is available more than 750 feet from the land, and the extension of water service to the land may be feasible, subject to a final determination by the water service provider.

The person requesting service is not the land's subdivider or agent.

NOTES: The person requesting service must provide an affidavit stating the last condition. The city's plat-approving authority has the discretion to approve or deny a request under this option. If it approves the request, the city's plat-approving authority will issue a certificate stating the first two conditions.

Option 5: Exemption under LGC 212.012(c)(1):

The land is covered by a development plat approved by the city under Subchapter B of Chapter 212 or under an ordinance or rule relating to the development plat.

Option 6: Exemption under LGC 212.012(c)(2):

The electricity or gas would be provided by a municipality, municipal officials, a municipally-owned or -operated utility, or a public utility.

The land was first served or connected with service by the utility before Sept. 1, 1987.

Option 7: Exemption under LGC 212.012(c)(3):

The electricity or gas would be provided by a water supply or a sewer service corporation (operating under Chapter 67, Water Code), a county, or a special district or authority created by or under state law.

The land was first served or connected with service by the utility before Sept. 1, 1989.

NOTE on Options 5, 6, and 7: If the conditions under any one of the three exemptions above are met, no city certificate is required before the utility may serve the lot. The person requesting service should provide the utility with evidence that the conditions for the exemption have been met.

County Eligibility Options

Option 1: Conditions under LGC 232.029(b) and 232.0291(c):

Water service facilities have been constructed or installed to service the subdivision under LGC 232.023 and are fully operable.

Sewer service facilities have been constructed or installed to service the subdivision under LGC 232.023 and are fully operable,
OR
if on-site sewage facilities (like septic systems) are used, the lots in the subdivision can be adequately and legally served by on-site sewage facilities under LGC 232.023.

NOTE: The above two conditions must be stated on a certificate issued by the Commissioners Court under LGC 232.028(b). If a lot in a city's ETJ qualifies under this kind of county certificate, under LGC 232.028(g) the owner is not required to obtain a city certificate issued under LGC 212.0115 (see Options 1 and 2 under City Eligibility Options, above).

Option 2: Conditions under LGC 232.029(c)(1) and 232.0291(d)(1):

The lot was sold or conveyed by the subdivider (by any means of conveyance, including a contract for deed or executory contract):

    before September 1, 1995 or September 1, 2005,
    or
    before September 1, 1999, if the lot in August 31, 1999, was located in the extraterritorial jurisdiction of a municipality as determined by LGC 42.021.

The lot is located in a subdivision in which the electric or gas utility has previously provided service.

Has adequate sewer services installed.

The lot 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 or September 1, 2005.
    or
    on or before May 1, 2003, if the lot on August 31, 1999, was located in the extraterritorial jurisdiction of a municipality as determined by LGC 42.021.

The person requesting service is not the subdivider or the subdivider's agent.

NOTE: The person requesting electric or gas utility service must provide documentation and/or an affidavit regarding the above conditions. The Commissioners Court has the discretion to approve or deny a request under this option. If it approves the request under this option, the Commissioners Court will issue a certificate stating the first three conditions.

Option 3: Conditions under LGC 232.029(c)(3)(e) and 232.0291(d)(2)(g) :

The land was not subdivided after September 1, 1995 or September 1, 2005.

Water service is available within 750 feet of the subdivided land,
OR
Water service is available more than 750 feet from the land, and the extension of water service to the land may be feasible, subject to a final determination by the water service provider.

The person requesting service is not a subdivider or a subdivider's agent:

    after September 1, 1995 or September 1, 2005.
    or
    after September 1, 1999, if the subdivided land on August 31, 1999, was located in the extraterritorial jurisdiction of a municipality as determined by LGC 42.021.

NOTE: The person requesting service must provide an affidavit stating the last condition.

The Commissioners Court has the discretion to approve or deny a request under this option. If it approves the request, the Commissioners Court will issue a certificate stating the first two conditions.

Option 4. Exemption under LGC 232.029(i) and 232.0291(j):

The lot is in a subdivision for which the plat was approved prior to Sept. 1, 1989.

The lot was being conveyed through a contract for deed or executory contract or other device by a subdivider prior to July 1, 1995 or September 1, 2005.

The lot is in a subdivision where the electric or gas utility has previously established service.

NOTE: If the above three conditions are met, an electric or gas utility may serve the lot without any kind of county utility certificate.

Option 5: Exemption for existing utilities under LGC 232.040(e):

The electric or gas utility service already exists and the lot is in a subdivision that must be platted or replatted under LGC 232.040.

Option 6: Court order for existing utilities under LGC 232.037(c):

An enforcement action affecting the subdivision is pending, and the court has made an affirmative finding after motion and hearing that termination of pre-existing utilities would pose a threat to public health, safety, or welfare of the residents.

 

Revised: May 06 2010