MSR Definitions of Terms

A

  • Affected county - A county:
    • that has a per capita income that averaged 25 percent below the state average for the most recent three consecutive years for which statistics are available and an unemployment rate that averaged 25 percent above the state average for the most recent three consecutive years for which statistics are available;
    • that is adjacent to an international border; or
    • that is located in whole or in part within 100 miles of an international border and contains the majority of the area of a municipality with a population of more than 250,000.
    Source: Sec. 16.341, Water Code
  • Affected county - A county that has an economically distressed area which has a median household income that is not greater than 75 percent of the median state household income.
    Source: Sec. 16.341, Water Code

D

  • Development - The making, installing, or constructing of buildings and improvements.
    Source: Sec. 232.0085 (f), Local Government Code
  • Drinking Water - All water distributed by any agency or individual, public or private, for the purpose of human consumption, use in the preparation of foods or beverages, cleaning any utensil or article used in the course of preparation or consumption of food or beverages for human beings, human bathing, or clothes washing.  The term "Drinking Water" shall also include all water supplied for human consumption or used by any institution catering to the public.
    Sources: 31 TAC Chapter 290, Sect. 209.38 and 31 TAC Chapter 364, Subchapter B
  • Drinking water standards - The commission rules covering drinking water standards in Subchapter F (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems).
    Source: 31 TAC Chapter 290, Sect. 209.38

E

  • Economically distressed area - An area in which:
    • water supply or sewer services are inadequate to meet minimal needs of residential users as defined by board rules;
    • financial resources are inadequate to provide water supply or sewer services that will satisfy those needs; and
    • an established residential subdivision was located on June 1, 2005, as determined by the board.
    Sources: Sec. 17.921, Water Code and 31 TAC Chapter 363, Sec. 363.502
  • Engineer - A person licensed and authorized to practice engineering in the State of Texas under the Texas Engineering Practice Act.
    Source: 31 TAC Chapter 364, Subchapter B
  • Extraterritorial jurisdiction (or ETJ) - means a municipality's extraterritorial jurisdiction as determined under Chapter 42, except that for a municipality that has a population of 5,000 or more and is located in a county bordering the Rio Grande River, "extraterritorial jurisdiction" means the area outside the municipal limits but within five miles of those limits.
    Source: Sec. 212.001, Local Government Code

F

  • Final plat - A map or drawing and any accompanying material of a proposed subdivision prepared in a manner suitable for recording in the county records and prepared as described in these regulations.
    Source: 31 TAC Chapter 364, Subchapter B
  • Financial assistance - The funds provided by the board to political subdivisions for water supply and sewer services under Subchapter K, Chapter 17, Water Code.
    Source: Sec. 17.921, Water Code

L

  • Lot - An undivided tract or parcel of land.
    Source: 31 TAC Chapter 364, Subchapter B

N

  • Non-public water system - Any water system supplying water for domestic purposes which is not a public water system.
    Source: 31 TAC Chapter 364, Subchapter B

O

  • On-site sewage facilities (OSSF) - as defined in rules and/or regulations adopted by the commission, including, but not limited to, 30 TAC Chapter 285.
    Source: 31 TAC Chapter 364, Subchapter B
  • On-site sewage disposal system - One or more systems that:
    • do not treat or dispose of more than 5,000 gallons of sewage each day; and
    • are used only for disposal of sewage produced on a site where any part of the system is located.
    Source: 30 TAC Chapter 285, Sect. 285.2

P

  • Plat - A map, chart, survey, plan, or replat containing a description of the subdivided land with ties to permanent landmarks or monuments.
    Source: Sec. 232.021, Local Government Code
  • Platted - Recorded with the county in an official plat record.
    Source: 31 TAC Chapter 364, Subchapter B
  • Political subdivision - An affected county, a municipality located in an affected county, a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, located in an affected county, or a nonprofit water supply corporation created and operating under Chapter 67, located in an affected county, that receives funds for facility engineering under Section 15.407 or financial assistance under Subchapter K, Chapter 17, or an economically distressed area in an affected county for which financial assistance is received under Subchapter C, Chapter
    Sources: Secs. 16.001, 16.341, and 17.921 Water Code
  • Provider utility - The entity which will provide water supply or wastewater service to the economically distressed area.
    Source: 31 TAC Chapter 363, Sec. 363.502
  • Public water system - A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water.  Such a system must have at least 15 service connections or serve at least 25 individuals at least 60 days out of the year.  This term includes any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.  Two or more systems with each having a potential to serve less than 15 connections or less than 25 individuals but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are 15 or greater or if the total number of individuals served by the combined systems total 25 or more at least 60 days out of the year.  Without excluding other meanings of the terms "individual" or "served," an individual shall be deemed to be served by a water system if he lives in, uses as his place of employment, or works in a place to which drinking water is supplied from the system.
    Sources: 31 TAC Chapter 290, Sect. 209.38 and 31 TAC Chapter 364, Subchapter B
  • Purchaser - Shall include purchasers under executory contracts for conveyance of real property.
    Source: 31 TAC Chapter 364, Subchapter B

R

  • Retail public utility - Any entity meeting the definition of a retail public utility as defined in Water Code §13.002.
    Source: 31 TAC Chapter 364, Subchapter B

S

  • Sell - Includes an offer to sell.
    Source: Sec. 232.021, Local Government Code
  • Septic tank - A watertight covered receptacle constructed to receive, store, and treat sewage by: separating solids from the liquid; digesting organic matter under anaerobic conditions; storing the digested solids through a period of detention; and allowing the clarified liquid to be disposed of by a method approved under this chapter.
    Source: 30 TAC Chapter 285, Sect. 285.2
  • Sewer, Sewer services or sewer facilities - Treatment works or individual, on-site, or cluster treatment systems such as septic tanks and includes drainage facilities and other improvements for proper functioning of septic tank systems which transport domestic wastewater from residential property, treat the wastewater, and dispose of the treated water in accordance with the minimum state standards.
    Sources: Secs. 16.341 and 17.921, Water Code and 31 TAC Chapter 364, Subchapter B
  • Subdivide - To divide the surface area of land into lots intended primarily for residential use.
    Source: Sec. 232.021, Local Government Code
  • Subdivider - An individual, firm, corporation, or other legal entity that owns any interest in land and that directly or indirectly subdivides land into lots as part of a common promotional plan in the ordinary course of business.
    Source: Sec. 232.021, Local Government Code
  • Subdivider - Any owner of land or authorized agent thereof proposing to divide or dividing land so as to constitute a subdivision.
    Source: 31 TAC Chapter 364, Subchapter B
  • Subdivision - An area of land that has been subdivided into lots for sale or lease.  Any tract of land divided into two or more parts that results in the creation of two or more lots of five acres or less intended for residential purposes.  A subdivision includes re-subdivision (replat) of land which was previously divided.
    Source: Sec. 232.021, Local Government Code and 31 TAC Chapter 364, Subchapter B
  • Subdivided tract - A tract of land, as a whole, that is subdivided.  The term does not mean an individual lot in a subdivided tract of land.
    Source: Sec. 232.0048, Local Government Code

U

  • Undeveloped property - A tract, lot, or reserve in an area in a political subdivision to be served by water supply or sewer services financed in whole or in part with financial assistance from the board under Subchapter K, Chapter 17, of this code for which a plat has been filed under Subchapter A, Chapter 212, or Chapter 232, Local Government Code.
    Source: 31 TAC Chapter 364, Subchapter B
  • Utility - A person, including a legal entity or political subdivision, that provides the services of:
    • an electric utility, as defined by Section 31.002, Utilities Code;
    • a gas utility, as defined by Section 101.003, Utilities Code; and
    • a water and sewer utility, as defined by Section 13.002, Water Code.
    Source: Sec. 232.021, Local Government Code

W

  • Water conservation - Those practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses.
    Source: Sec. 17.921, Water Code
  • Water facilities - Any devices and systems which are used in the supply, collection, development, protection, storage, transmission, treatment, and/or retail distribution of water for safe human use and consumption.
    Source: 31 TAC Chapter 364, Subchapter B