A water supply or sewer service corporation or special utility district may avoid extending retail water or sewer service to certain subdivision applicants if it documents the required notice and developer noncompliance.
Sec. 13.2502. SERVICE EXTENSIONS BY WATER SUPPLY AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY DISTRICT. (a) Notwithstanding Section 13.250, a water supply or sewer service corporation or a special utility district organized under Chapter 65 is not required to extend retail water or sewer utility service within the certificated area of the corporation or special utility district to a service applicant in a subdivision if the corporation or special utility district documents that: (1) the developer of the subdivision has failed to comply with the subdivision service extension policy of the corporation or special utility district as set forth in the tariff of the corporation or the policies of the special utility district; and (2) the service applicant purchased the property after the corporation or special utility district gave notice as provided by this section of the rules of the corporation or special utility district applicable to service to subdivisions from the corporation or special utility district. (b) Publication of notice in a newspaper of general circulation in each county in which the corporation or special utility district is certificated for utility service of the requirement to comply with the subdivision service extension policy constitutes notice under this section. The notice must be published once a week for two consecutive weeks on a biennial basis and must contain information describing the subdivision service extension policy of the corporation or special utility district. The corporation or special utility district must be able to provide proof of publication through an affidavit of the publisher of the newspaper that specifies each county in which the newspaper is generally circulated. (c) As an alternative to publication of notice as provided by Subsection (b), a corporation or special utility district may demonstrate by any reasonable means that a developer has been notified for purposes of this section, including: (1) an agreement executed by the developer; (2) correspondence with the developer that sets forth the subdivision service extension policy; or (3) any other documentation that reasonably establishes that the developer should be aware of the subdivision service extension policy. (d) This section does not limit or extend the jurisdiction of the utility commission under Section 13.043(g). (e) For purposes of this section: (1) "Developer" means a person who subdivides land or requests more than two water or sewer service connections on a single contiguous tract of land. (2) "Service applicant" means a person, other than a developer, who applies for retail water or sewer utility service. Added by Acts 1995, 74th Leg., ch. 400, Sec. 6, eff. Sept. 1, 1995. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.51, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 51, eff. September 1, 2013.