HBA-NLM H.B. 775 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 775
By: Greenberg
Land & Resource Management
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, much of the population growth in Texas is taking place in
unincorporated areas where counties have no authority to regulate land use.
Many of these areas do not have the appropriate infrastructure to allow for
certain services, such as fire prevention, water, and wastewater
facilities. Without the authority for the commissioners court to require
platting and bonds for the completed installation of water and sewer
facilities, there is concern that these properties may present certain
health risks to the residents of these areas.  H.B. 775 authorizes the
commissioners court to adopt Subchapter C (Alternate Subdivision Platting
Requirements in Certain Other Economically Distressed Counties) for the
subdivision of land in the county, including the use of the model rules
adopted under Section 16.343 (Minimum State Standards and Model Political
Subdivision Rules), Water Code. 

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 Chapter 232, Local Government Code, by adding Subchapter
D, as follows: 

SUBCHAPTER D.  OPTIONAL SUBDIVISION PLATTING
REQUIREMENTS IN CERTAIN COUNTIES

Sec.  232.101.  APPLICABILITY.  Provides that this subchapter applies only
to a county in which Subchapters B and C  (Subdivision Platting
Requirements in Economically Distressed Counties and Alternate Subdivision
Platting Requirements in Certain Other Economically Distressed Counties)
are not applicable and to a county with a population of 500,000 or more or
to a county adjacent to a county in this state with a population of 500,000
or more. 

Sec. 232.102.  ADOPTION BY COMMISSIONERS COURT. Authorizes the
commissioners court by order to adopt Subchapter C  for the subdivision of
land in the county, including the use of the model rules adopted under
Section 16.343, Water Code (Minimum State Standards and Model Political
Subdivision Rules), except that: 

(1) venue for an action to recover a civil penalty is only in a district
court in the county in which the defendant resides or in a district court
in the county in which the violation occurs; 
(2) the attorney general does not have the power of enforcement in the
county as provided by Section 232.080 (Enforcement); 
(3) the operation of the county under this subchapter does not affect the
county's eligibility for financial assistance under Subchapter K, Chapter
17, Water Code (Assistance to Economically Distressed Areas for Water
Supply and Sewer Service Projects); and 
(4) Subchapter J, Chapter 16, Water Code (Economically Distressed Areas),
is not applicable to the county, except for the model rules adopted by
Section 16.343, Water Code. 
 
SECTION 2.  Emergency clause.
                       Effective date: 90 days after adjournment.