HBA-LCA H.B. 3782 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3782
By: Cuellar
Land & Resource Management
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 3782 amends the Local Government Code to provide that an easement must
be accurately described, including its dimensions, to qualify as a plat
under Section 232.023, Local Government Code (Conflict with Other Laws;
Exceptions).  This bill also requires that officials having jurisdiction
over the approval of septic systems of lots in a proposed subdivision must
consider safety during the certification process.   

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 232.023(b), Local Government Code, as follows:

(b) Includes an easement intended to be dedicated for public use or for the
use of purchasers or owners of lots fronting on or adjacent to the street,
alley, square, park, or other part, as a part of a tract for which
dimensions must be stated and that must be accurately described in a plat
required under this section (Plat Required).  Makes a nonsubstantive
change. 

SECTION 2.  Amends Section 232.032, Local Government Code, by amending
Subsection (a), as follows: 

(a)  Requires a subdivider to provide certification that septic systems can
safely, in addition to adequately and legally, serve the lots in the
subdivision. 

SECTION 3.  Amends Section 232.035, Local Government Code, as follows:

(c)  Increases from $500 to $750 the minimum civil penalty applicable to a
subdivider who fails to provide, in the manner described in the plat, for
the construction or installation of certain water or sewer facilities, or
who otherwise violates this subchapter (Subchapter B: Subdivision Platting
Requirements in Economically Distressed Counties), or a rule or requirement
adopted by a commissioners court under this subchapter.  Makes
nonsubstantive changes. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.