HBA-NIK H.B. 3746 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3746
By: Dukes
Land & Resource Management
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Big Brothers Big Sisters of Central Texas, Inc. (BBBS) purchased the
property at 1400 Tillery in approximately 1985 to house its business
office.  The property is out of McKinley Heights Subdivision and consists
of 0.651 acres.  Because the original subdivision contained covenants and
restrictions that permitted only residential use, a replat of a portion of
the subdivision (the 0.651 acres) was necessary to allow BBBS to remodel
the building, which originally served as a church, and establish its
business operations. BBBS applied for an amendment to the original plat in
1986, and a replat of a portion of the subdivision was approved by the City
of Austin (city); it was replatted as the Griffith Subdivision on March 11,
1986.  In reliance upon the replat, BBBS remodeled the building and
received a certificate of occupancy from the city in 1988.  Subsequently,
the city determined it approved the replat erroneously and advised BBBS
that the covenants and the restrictions in the original plat remain
applicable, and therefore, a vacation of the original plat and a replat are
required. 

Currently, a subdivision or a part of a subdivision can be replatted in two
ways.  The first is by vacating the underlying plat, which requires that
all the owners of lots in that plat apply for the vacation of the plat.
The other is by recording over the preceding plat without vacation if the
replat is signed and acknowledged by only the owner of the property being
replatted, approved by the municipal authority responsible for approving
plats after a public hearing on the matter, and does not attempt to amend
or remove existing covenants or restrictions.  Both of these processes may
be cumbersome and expensive for a nonprofit corporations like BBBS.  

H.B. 3746 allows a property owner to replat part of a subdivision without
vacation of the original plat, and without a public hearing, if the replat
is signed and acknowledged by only the owner of the property being
replatted, and if it involves property that is used for business purposes
by a nonprofit corporation established to assist children in at-risk
situations.  This bill would also permit the governing body of a
municipality to delegate to one or more persons the authority to approve
the replat of part of a subdivision administratively if the replat meets
the criteria set out in the bill.  

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 212.014, Local Government Code, as follows:

(a) Created from existing text.

(b) Authorizes a replat of part of a subdivision, notwithstanding certain
provisions of Subsection (a) of this section and Section 212.015
(Additional Requirements for Certain Replats), to be recorded. Provides
that such a replat is controlling over the preceding plat without a public
hearing on the matter and without vacation of that plat if the replat
adheres to specified provisions.  Provides that any existing covenants or
restrictions do not have to be amended or removed if they were recorded
more than fifty years before the date of the replat and the replatted lots
have been continuously used by the nonprofit corporation as a  business
office for a minimum of ten years. 

(c) Authorizes a replat of a subdivision under Subsection (b) involving
less than one acre fronting on an existing street and not requiring the
creation of any new street or the extension of municipal facilities to be
approved under Section 212.0065(a)(3) (Delegation of Approval
Responsibility), Local Government Code. 

SECTION 3. Amends Section 212.0065(a), Chapter 212, Local Government Code,
to authorize the governing body of a municipality to delegate to certain
persons the authority to replat part of a subdivision involving less than
one acre, fronting on an existing street and not requiring the creation of
any new street or the extension of municipal facilities, provided the
property is owned and used as the business office by a nonprofit
corporation established for the purpose of assisting children in at-risk
situations by means of volunteer and individualized attention. 

SECTION 4. Effective date: June 1, 1999.

SECTION 5. Emergency clause.