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."