THE ATTORNEY GENERAL OF TEXAS
Ken Paxton

Inside City Checklist for Utility Connection Eligibility: Water, Sewer, Electric and Gas Utilities

The options below outline the conditions that must be satisfied before land inside city limits may be eligible for utility service under requirements enforced by the city. These requirements are part of Chapter 212, Local Govt. Code ("LGC") -- see especially LGC 212.0115 and 212.012.

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

Option 2: Conditions under LGC 212.012(d)(3)(f):

  • The land was not subdivided after September 1, 1995 or September 1, 2005 (see 232.022 (a)(2)).
  • 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 subdivider or the subdivider's 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. The utility must receive the certificate before it may connect or serve the land.

Option 3: 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 4: Exemption under LGC 212.012(c)(2):

  • The utility service 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 5: Exemption under LGC 212.012(c)(3):

  • The utility service 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 3, 5, and 5: If the conditions under any one of the three exemptions above are met, no city certificate is required before the utility may serve the land. The person requesting service should provide the utility with evidence that the conditions for the exemption have been met.