HBA-ALS H.B. 1856 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1856
By: Capelo
Land & Resource Management
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

There has been recent development occurring outside the limits of
municipalities, some of which may not provide adequate roads, drainage, and
access to water services.  Due to recent court decisions, it has become
difficult for a county to oversee development in the unincorporated areas
of the county.  In addition, some developers are able to avoid county
requirements by relying on Section 232.001, Government Code, which does not
require the approval of plats if a tract is subdivided into two or more
parts and lays out streets, alley, squares, parks, and other areas
dedicated to public use.  There is a concern that developers are
circumventing county platting requirements by subdividing the tract while
using existing roads for access into the subdivision.  The purpose of this
bill is to grant a county the authority to regulate land development in
rural areas of the county. 

H.B. 1856 requires developers to submit plats for approval to the
commissioners court of a county if a tract is subdivided into two or more
parts, is used to lay out suburban lots or building lots, or is used to lay
out streets, alleyways, squares, parks, or other areas dedicated for public
use.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 232.001(a), Local Government Code, as follows: 

(a)  Provides that the owner of a tract of land located outside a
municipality's limits who divides the tract into two or more parts in order
to lay out a subdivision of the tract, to lay out suburban lots or building
lots, or, rather than and,  to lay out streets, alleys, squares, parks, or
parts of the tract intended to be dedicated to public use or for the use of
purchasers or owners of lots fronting on or adjacent to the streets,
alleys, squares, parks, or other parts, must have a plat of a subdivision
prepared. 

SECTION 2.Effective date: September 1, 1999.  
  Makes application of this Act prospective.

SECTION 3.Emergency clause.