HBA-NIK, NIK, NIK H.B. 2659 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2659
By: Krusee
Land & Resource Management
3/18/1999
Introduced



BACKGROUND AND PURPOSE 

In certain road districts that have refinanced outstanding bonded
indebtedness, the county in which the road district lies is the ultimate
guarantor of millions of dollars in bonds.  If some of the territory of the
road district lies within a city, the territory within the road district
can be negatively impacted by changes in impervious cover limits that the
city may impose.  Repayment of the bonds becomes difficult if the amount of
land within the district that can be developed is limited. 

H.B. 2659 assures that land can be developed at current impervious cover
limits.  If the city changes these limits, it must pay the bonds within the
district.  Under no circumstances can the change in impervious cover
limitations exceed five percent. 

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 Chapter 3, Title 22, V.T.C.S., by adding Article 726a,
as follows: 

ARTICLE 726a.  LAND DEVELOPMENT IN ROAD DISTRICT 
   WITH OUTSTANDING INDEBTEDNESS 

Sec. 1. DEFINITIONS. Defines "affected area," "assessment road area," "land
development,"and  "regulation." 

Sec. 2. CHANGES IN REGULATION OF LAND DEVELOPMENT.  (a) Requires the
political subdivision to pay the outstanding bonded indebtedness of the
assessment road district (district); and pay all landowners within the
district the amount of any assessments prepaid on any part of that land for
which no building permit has been issued or no improvement has been
constructed, if the political subdivision changes land development
regulations applying to land in an affected area in a manner that reduces
the regulated amount of impervious cover or the total allowable floor area
of a building on developed land. 

(b)  Prohibits a political subdivision from changing or amending its
regulations regarding land development within an affected area in any way
that reduces the allowed amount of impervious cover, as defined in the
political subdivision's regulations, or reduces the total allowable floor
area of a building on developed land more than five percent. 

Sec. 3.  ANNEXATION OF PROPERTY TO AN ASSESSMENT ROAD DISTRICT. Authorizes
a person who owns land in an affected area to request that a governing body
of a district annex any part of the owner's land that is within two miles
of the district's boundaries.  Authorizes the governing body of the
district to annex the land by resolution, on request.  Requires the
governing body of the district, after the annexation of the land under this
section, to reapportion the remaining assessment on the owner's land on a
per acre basis for all the owner's land in the district. 

 SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.