HBA-KMH S.B. 711 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 711
By: Wentworth
Land & Resource Management
4/27/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, counties have a one year warranty period on certain subdivision
improvements prior to acceptance by a county, but without any ability to
fund the repairs of the improvements if they fail within the first year.
S.B. 711 requires certain tract owners to execute a maintenance bond for
certain subdivision improvements. 

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 232.003, Local Government Code, to authorize the
commissioners court after certain conditions have been met to require the
owner of the subdivided tract to execute a bond to ensure proper
construction of the streets, roads, and drainage improvements in the
subdivision in the manner provided by Section 232.004 (Bond Requirements),
and to require the owner of the tract to be subdivided to execute a bond
before plat recordation to ensure proper construction of the streets,
roads, and drainage improvements in the subdivision in the manner provided
by Section 232.004.  Redesignates  Subdivision (1) - (7) as Paragraphs
(A)-(G). 

SECTION 2. Amends Section 232.004, Local Government Code, to require the
owner of the tract, unless an alternative financial guarantee is provided
under Section 232.0045 (Financial Guaranteed in Lien of Bond), to execute a
bond required under Section 232.003(1) before subdividing the tract and
execute a bond required under Section 232.003(2) when the county approves
the final construction of the streets, roads, and drainage improvements,
deleting text which provided that the commissioners court must require the
bonds.  Requires a bond required under Section 232.003 (Subdivision
Requirements) to be payable to certain parties and executed with sureties
and executed by authorized companies, deleting text requiring a certain
amount for the bond.  Requires a bond required under Section 232.003(1) to
be in a certain amount.  Requires a bond required under Section 232.003(2)
to be in a certain amount for a certain period.  Makes conforming and
nonsubstantive changes. 

SECTION 3. Makes application of this Act prospective to November 1, 1999.
                        Effective date: 90 days after adjournment.