HBA-ALS H.B. 2642 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2642
By: Longoria
Land & Resource Management
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, counties have no ability to fund the repairs of the street road,
and drainage improvements if the owner of a tract of land to be subdivided
fails to provide proper maintenance and construction of the subdivision's
roads and drainage improvements within the one-year warranty period. 

H.B. 2642 requires an owner of a tract to be subdivided to execute certain
bonds to ensure there is proper construction and maintenance of street,
roads, and drainage improvements of the subdivision within the later of one
year after the county approves final construction or the date the
commissioners court includes the streets, roads, and drainage improvements
in the county road system. 

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 232.003, Local Government Code, as follows:

Sec. 232.003.  SUBDIVISION REQUIREMENTS.   Authorizes a commissioners
court, by order and after notice is published in a newspaper of general
circulation in the county, to require the owner of a tract to be subdivided
to execute a good and sufficient bond to ensure proper construction of the
streets, roads, and drainage improvements in the subdivision in the manner
specified by Section 232.004, Local Government Code. Requires a
commissioners court, by order and after notice is published in a newspaper
of general circulation in the county, to require the owner of a tract to be
subdivided to execute a good and sufficient bond to ensure proper
maintenance of the streets, roads, and drainage improvements in the
subdivision in the manner specified by Section 232.004, Local Government
Code.  Redesignates existing Subsections (1)-(7) to Paragraphs (A)-(G).
Makes nonsubstantive changes. 

SECTION 2.  Amends Section 232.004, Local Government Code, as follows:

Sec. 232.004.  BOND REQUIREMENTS. (a) Provides that unless an alternative
guarantee is provided under Section 232.0045 (Financial Guarantee in Lieu
of Bond), the owner of the tract must execute a bond as required by Section
232.003(1) (bond ensuring proper construction of the streets, roads, and
drainage improvements) before subdividing the tract and must execute a bond
as required by Section 232.003(2) (bond ensuring proper maintenance of the
streets, roads, and drainage improvements) when the county approves the
final construction of the streets, roads, and drainage improvements.  Makes
nonsubstantive changes. 

(b) Deletes language providing that a bond must be in an amount determined
by the commissioners court to be adequate to ensure proper construction of
the roads and streets in the subdivision, but not to exceed the estimated
cost of construction of the roads and streets.  Redesignates Subdivisions
(3) and (4) to Subdivisions (2) and (3), respectively.  Makes
nonsubstantive changes. 

(c) Provides that a bond required under Section 232.003(1) must be in an
amount determined by the commissioners court to be adequate to ensure
proper construction of the roads, streets, and drainage improvements in the
subdivision, but not to exceed the estimated cost of construction of the
roads, streets, and drainage improvements; and be conditioned that the
roads, streets, and drainage improvements will be constructed in a
specified time and manner. Redesignates existing Subsections (b)(2) and
(b)(5) to Subsections (c) (1) and (c)(2), respectively. 
   
(d)  Provides that a bond required under Section 232.003(2) must be in an
amount to which the owner and the commissioners court agree is adequate to
ensure proper maintenance of the streets, roads, and drainage improvements
in the subdivision for a specified time period. 

SECTION 3.  Provides that the change in law made by this Act applies only
to a subdivision of a tract of land and to the owner of the tract for which
the county approves on or after November 1, 1999, the plat subdividing the
tract.  

SECTION 4.Emergency clause. 
  Effective date: 90 days after adjournment.