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.