HBA-NIK S.B. 1175 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1175
By: Wentworth
Land and Resource Management
5/6/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, counties with certain road districts and refinanced bond
indebtedness are the ultimate guarantors of millions of dollars in bonds.
These road districts may be negatively impacted by the changes in
impervious cover limits that a city may impose, if some of the territory of
the road district lies within a city. Repayment of bonds may become
difficult if the amount of land to be developed within the district is
limited. S.B. 1175 assures that land could be developed at a current
impervious cover limit. 

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 3, Title 22, V.T.C.S., by adding Article 726a, as
follows: 

Art. 726a. LAND DEVELOPMENT IN ROAD DISTRICT WITH OUTSTANDING INDEBTEDNESS

Sec. 1. DEFINITIONS. Defines "affected area," "assessment road district,"
"land development," and "regulation." 

Sec. 2. CHANGES IN REGULATION OF LAND DEVELOPMENT. (a) Requires a political
subdivision to pay the outstanding bonded indebtedness of the assessment
road district if, after March 9, 1999, and before March 9, 2019, the
political subdivision changes regulations regarding land development that
apply to more than 20 percent of the land in an assessment road district in
a manner that reduces the amount of impervious cover, as defined in the
regulations, or that reduces the total allowable floor area of a building
on developed land. Requires the political subdivision to pay the
outstanding indebtedness before the change takes effect. 

(b)  Provides that Subsection (a) does not apply to an affected land owner
who agrees in writing to a regulation that reduces the amount of impervious
cover or that reduces the total allowable floor area of a building on
developed land. 

Sec. 3. ANNEXATION OF PROPERTY TO AN ASSESSMENT ROAD DISTRICT. Authorizes a
person who owns land in an affected area to request that the governing body
of an assessment road district annex any part of the owner's land that is
within two miles of the district's boundaries. Authorizes the governing
body of the district by resolution to annex the land upon request, made
under Subsection (a). Requires the governing body of the district to
reapportion the remaining assessment on the owner's land on a per acre
basis for all of the owner's land in the district. 

Sec. 4. EXPIRATION. Provides that this article expires March 10, 2019.

SECTION 2. Effective date: September 1, 1999.