79th Texas Legislature, Regular Session, Senate Bill 425, Chapter 708 Page: 8 of 15
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S.B. No. 425
1 under Subsection (d)(2) only if the person provides to the
2 commissioners court an affidavit that states that the property was
3 not sold or conveyed to that person from a subdivider or the
4 subdivider's agent after September 1i, 2005.
5 (h) On request, the commissioners court shall provide to the
6 attorney general and any appropriate local, county, or state law
7 enforcement official a copy of any document on which the
8 commissioners court relied in determining the legality of providing
9 service.
10 (i) This section may not be construed to abrogate any civil
11 or criminal proceeding or prosecution or to waive any penalty
12 against a subdivider for a violation of a state or local law,
13 regardless of the date on which the violation occurred.
14 (j) The prohibition established by this section does not
15 prohibit an electric or gas utility from providing electric or gas
16 utility connection or service to a lot:
17 (1) sold, conveyed, or purchased through a contract
18 for deed or executory contract or other device by a subdivider
19 before September 1, 2005;
20 (2) located within a subdivision where the utility has
21 previously established service; and
22 (3) subdivided by a plat approved before September 1
23 1989.
24 (k) In this section, "foundation" means the lowest division
25 of a residence, usually consisting of a masonry slab or a pier and
26 beam structure, that is partly or wholly below the surface of the
27 ground and on which the residential structure rests.8
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Texas. Legislature. Senate. 79th Texas Legislature, Regular Session, Senate Bill 425, Chapter 708, legislative document, June 17, 2005; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth157771/m1/8/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.