MPA C.S.H.B. 423 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 423
By: Turner, Bob
Land & Resource Management
3/3/1999
Committee Report (Substituted)


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 court 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. 

C.S.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 require the
owner of a tract of land outside the limits of a municipality that is
divided into two or more parts to have a plat of the subdivision prepared
which lays out a subdivision, including an addition, lots, streets, alleys,
squares, parks or other parts of the tract intended for public use or use
by owners of lots within the subdivision.  Makes conforming and
nonsubstantive changes. 

SECTION 2. Amends Section 232.0015, Local Government Code, by adding
Subsections (c)-(g), 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
other parts of the tract intended for public use or use by owners of lots
within the subdivision, and the land is intended primarily for agricultural
use, farm, ranch, wildlife management, or timber production. 

(d) Provides that if a tract under Subsection (c) ceases to be used
primarily for agriculture, farm, ranch, wildlife management, or timber
production 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, that does not lay out streets, alleys, squares, parks or other parts
of the tract intended for public use or use by owners of lots within the
subdivision, 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 subchapter 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, and the owner does
not lay out streets, alleys, squares, parks or other parts of the tract
intended for public use or use by owners of lots within the subdivision. 

(g) Prohibits a county from requiring the owner of a tract of land outside
the limits of a municipality that is divided into two or more parts to have
a plat of the subdivision prepared which lays out streets, alleys, squares,
parks or other parts of the tract intended for public use or use by owners
of lots within the subdivision, to have a plat of the subdivision prepared
if all the lots are to be sold to veterans through the Veterans' Land
Board. 

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 60 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) Requires the commissioners court or its designee to determine whether
the 60 day extension for a takings impact assessment is necessary within 20
days after receiving the completed plat application. 

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

(i) 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
unexpended portion or 50 percent 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 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.  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.



COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. C.S.H.B. 423 modifies the original by creating a new Subsection
(a-1)  and Subdivisions (a)(1)-(3) from existing text.  Makes  conforming
and nonsubstantive changes. 

SECTION 2. (c) C.S.H.B. 423 modifies the original by substituting the
reference to Section 232.001(a)(3) (lays out streets, alleys, squares,
parks or other parts of the tract intended for public use or use by owners
of lots within the subdivision),  with "streets, alleys, squares, parks, or
easements" as a condition of the requirement for a plat being prepared.
Adds reference to farm, ranch, wildlife management, or timber production in
addition to agricultural use as a condition for exemption from the
requirement of a plats being prepared.  

(d) Makes a conforming change.

(e) Substitutes reference to Section 232.001(a)(3)  for "streets, alleys,
squares, parks, or easements."  Adds the word "given" and substitutes
"transferred"  for "distributed" and adds reference to Chapter 573,
Government Code, concerning relationships of consanguinity and affinity. 

(f) Substitutes reference to Section 232.001(a)(3)  for "streets, alleys,
squares, parks, or easements."  Deletes reference to the tract of land
being located within a priority groundwater management area. 

(g) Adds new subsection exempting land from having a plat of the
subdivision prepared if all the lots are to be sold to veterans through the
Veterans' Land Board. 

SECTION 3.  C.S.H.B. 423 modifies the original by substituting 60 days for
30 days as the amount of additional time that approval of a plat may take
if it is determined that a takings impact assessment is required.  Adds a
provision that the commissioners court must determine within 20 days of
receiving a completed plat application whether a takings impact assessment
is required. Makes a nonsubstantive change. 
 
SECTION 4.  C.S.H.B. 423 modifies the original by removing a condition that
was included in the introduced version of this bill that requires lot
frontage on all streets and roads to be at least 15 feet in width. 

SECTION 6. C.S.H.B. 423 modifies the original by adding the word "proposed"
before "interconnection of infrastructure."