Rural (Beyond City ETJ's) 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 outside city limits and beyond any city's extraterritorial jurisdiction may be eligible for electric or gas utility service under requirements enforced by the county. These requirements are part of Subchapter B of Chapter 232, Local Govt. Code ("LGC").

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). The utility must receive the certificate before it may connect or serve the lot(s).

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

       The lot was sold or conveyed by a 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 has adequate sewer services installed.

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

       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 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. The utility must receive the certificate before it may connect or serve the lot.

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. The land was not sold:

    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. The utility must receive the certificate before it may connect or serve the lot.

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

       The plat of the subdivision was approved prior to September 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 utility has previously established service.

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

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

       The 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