HBA-MPA H.B. 423 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 423
By: Turner, Bob
Land & Resource Mgmt.
2/8/1999
Introduced



BACKGROUND AND PURPOSE 

In recent years, a large amount of new development has taken place outside
of cities.  While the majority of this development provides adequate roads,
drainage and access to water and sewer service, some of it has not.  This
problem became more significant with the court decision in Elgin Bank v.
Travis County.  Before this decision, county officials required plats for
all new subdivisions, a power that had been upheld in previous district
court decisions.  The Elgin Bank decision has left some new rural and
suburban development outside the jurisdiction of minimum regulation by
counties. 

Sections 232.001 and 232.003 of the Local Government Code give counties the
right to adopt a number of specific regulations for new subdivisions
related to roads, drainage, and drinking water, and to require landowners
who subdivide land outside of a city to prepare a plat and file it with the
county.  The commissioners courts reviews a plat for compliance with county
regulations and must approve it before it is filed.  Since the Elgin Bank
decision, subdivisions have been developed with lots that do not meet
minimum requirements for installation of a permitted septic tank, though no
sewer system is available.  Lots have been sold that do not have adequate
access to water, or proper drainage features and completed grading, and
some lots flood with relatively normal rainfall. 

H.B. 423 grants counties the authority to require platting of new
subdivisions, with certain exceptions.  Further, it will strengthen county
authority regarding subdivision drainage, water, and sewer services.  It
will also allow counties to avoid the expense of notifying nondeveloping
landowners in a subdivision of lot combinations. 

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 232.001(a), Local Government Code, to use the
word "or" rather than the word "and" in a list of purposes for which land
outside a municipality may be divided that must have a plat of subdivision
prepared.   

SECTION 2. Amends Section 232.0015, Local Government Code, by adding
Subsections (c), (d), (e), and (f), as follows: 

(c) Prohibits a county from requiring a subdivision plat to be prepared for
a tract of land outside of a municipality, to be divided into two or more
parts, if the owner does not lay out streets, alleys, squares, parks, or
easements, and the land is intended primarily for agricultural use. 

(d) Provides that if a tract cited in the previous section ceases to be
used primarily for agriculture, then platting requirements of this
subchapter apply. 

(e) Prohibits a county from requiring a subdivision plat to be prepared for
a tract of land outside of a municipality, to be divided into four or fewer
parts, if those parts are to be  distributed to individuals related to the
owner within the third degree of consanguinity or affinity.  Provides that
if the tract is distributed to individuals not related to the owner within
the third degree of consanguinity or affinity, then platting requirements
of this chapter apply. 

(f) Prohibits a county from requiring a subdivision plat to be prepared for
a tract of land outside of a municipality, to be divided into two or more
parts, if all the lots are more than 10 acres in size, the owner does not
lay out streets, alleys, squares, parks, or easements, and the tract is not
located in an area where the Texas Natural Resource and Conservation
Commission has designated that critical groundwater problems exist or are
expected. 

SECTION 3.  Amends Subchapter A, Chapter 232, Local Government Code, by
adding Section 232.0025, as follows: 

Sec. 232.0025.  TIMELY APPROVAL OF PLATS. (a) Requires the commissioners
court of a county or someone designated by it to issue a written list of
the documentation and other information that must be submitted with a plat
application.  Such information must be related to a requirement authorized
under law. 

(b) Requires that, if an application is submitted which does not contain
all of the required documentation and information, the applicant must be
notified by the commissioners court or the court's designee of the missing
documentation or other information no later than the 10th day after receipt
of the application, and allowed to submit the same in a timely manner. 

(c) Provides that when all the documentation and other information required
is submitted the application is complete. 

(d) Requires that final action be taken by the commissioners court or the
court's designee, including resolution of all appeals, not later than 60
days after the completed plat application is received. 

(e) Requires that a complete list of reasons be provided to the applicant
if a plat application is disapproved.  

(f) Authorizes the extension of the 60-day period for final action on plat
applications for a reasonable period at the request of the applicant, or
for 30 days if the county is required to prepare a takings impact
assessment.  Provides that the 60-day period only applies to a decision
wholly within the control of the commissioners court or its designee. 

(g) Prohibits the commissioners court or its designee from compelling the
applicant to waive the time limits contained in this section. 

(h) Requires that if the commissioners court or its designee fails to take
final action within 60 days of the receipt by the commissioners court or
the court's designee of a complete plat application, the greater of the 50
percent or the unexpended portion of the application fee or deposit is
refunded, the application is granted, and  the applicant may apply to a
district court to compel the commissioners court to issue documents
recognizing the plat's approval.  

SECTION 4.  Amends Section 232.003, Local Government Code, to include the
following in a list of requirements that a commissioners court may put on
the approval of subdivision applications: adopt reasonable specifications
for drainage to efficiently manage the flow of storm water runoff and
coordinate general drainage patterns in the area, and a requirement that
lot frontages on all streets and roads be at least 15 feet in width.  Makes
nonsubstantive changes. 

SECTION 5.  Amends Section 232.004, Local Government Code, to make
conforming and nonsubstative changes. 

 SECTION 6.  Amends Section 232.008, Local Government Code, to authorize
the commissioners court  to deny cancellation of an existing subdivision if
it determines the cancellation will prevent interconnection of
infrastructure to pending or existing development. 

SECTION 7. Amends Section 232.009, Local Government Code, to exempt the
commissioners court from the notification requirements contained in this
section if the plat revision only combines existing tracts.  Makes
conforming and nonsubstantive changes. 

SECTION 8.  Effective date: September 1, 1999.
            Makes application of this Act prospective, beginning October 1,
1999. 

SECTION 9.  Emergency clause.