HBA-NLM C.S.H.B. 3190 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3190
By: Wise
Land & Resource Management
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Chapter 232 (County Regulation of  Subdivisions), Local
Government Code, provides that owners of a tract of land outside a
municipality must have a plat of the subdivision prepared.  A significant
number of lots in colonias (economically distressed areas most commonly
found along the Texas-Mexico border) have been sold in subdivisions which
were not platted.  Under current law the colonias must be platted, in
compliance  with certain Water Code provisions, to bring water and
wastewater to residents of these subdivisions who are in the process of
constructing homes. However, there is concern that it may be impractical
for the residents of nonplatted developments to comply with all of the
existing platting requirements. 

C.S.H.B. 3190 authorizes a commissioners court to grant a delay or variance
from the platting requirements in the Local Government Code for developed
nonplatted subdivisions.  This bill authorizes the commissioners court to
grant such a delay or variance only if, at the time of platting, it is
deemed impractical to comply with certain existing platting provisions and
a variance is requested by at least 50 percent of the residents of the
subdivision. The commissioners court is required to issue to the attorney
general's office written findings stating the reasons for the delay or
variance. 

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 Subchapter B, Chapter 232, Local Government Code, by
adding Section 232.043, as follows:  

Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS FOR EXISTING
SUBDIVISIONS CONDITIONED ON WATER AND WASTEWATER AVAILABILITY. (a)
Authorizes the commissioners court to grant a delay or variance for the
subdivision under this section from the requirements of: 

_Sections 232.023(b)(8) and (b)(9) (relating to the requirements of a plat
to provide for drainage in the subdivision and to include a description of
the drainage requirements); 

_Sections 232.025(1)-(5) (relating to the requirements of a subdivision,
including right-of-way street provisions and specifications relating to the
construction of each street and road); and 

_Sections 232.030(c)(2), (3), (5), and (6) (relating to the commissioners
court requirement to adopt regulations relating to sewer facilities meeting
minimum state standards, electric service and gas service, standards for
flood management meeting the minimum standards set forth by the Federal
Emergency Management Agency). 
 

 (b)  Authorizes the commissioners court to grant a delay or variance on an
individual lot-by-lot basis under this section from the requirements for
setbacks or restrictions on the number of residences on a lot contained in
the Model Subdivision Rules developed under Section 16.343 (Minimum State
Standards and Model Political Subdivision Rules), Water Code.  

(c)  Authorizes the commissioners court to grant a variance under this
section only if certain conditions provided by this subsection are met.  

(d)  Provides that if the commissioners court grants a delay or variance
under this section, it must issue certain findings, compile a record that
includes the findings,  and submit a copy of the record to the Office of
the Attorney General.   
  
(e) Authorizes a variance to only be granted if the commissioners court
finds that the person who subdivided the land and created the unplatted
subdivision continues to own property in the subdivision, if all other
subsections of this section are complied with, and no objections by the
Office of Attorney General have been sent to the commissioners court within
90 days. 

(f) Provides that the failure of the Office of the Attorney General to
comment or object to any variance granted pursuant to this section does not
constitute any waiver of or agreement to the legality of the variance.  

(g) Prohibits any person from selling  more than four lots in the
subdivision until approved water and sewer are made available to the
subdivision.  

(h) Specifies that this section does not abrogate any civil or criminal
prosecution or affect the validity of any penalty against a subdivider for
a violation of law, regardless of the date on which the violation occurred.

SECTION 2. Amends Section 232.042, Local Government Code, to amend the
heading, as follows: 

Sec. 232.042.  New title: VARIANCES FROM REPLATTING REQUIREMENTS. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3190 modifies the original in SECTION 1 (proposed Section
232.043(e), Local Government Code) by removing the provision that a
variance may only be granted if liens to recover the value of the platting
and infrastructure to the land still owned in the subdivision will be filed
on all the property of the person who subdivided the land.