HBA-KDB H.B. 2581 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2581
By: Shields
Land & Resource Management
4/4/2001
Introduced



BACKGROUND AND PURPOSE 

Street and drainage improvements in land development subdivisions are
constructed by the developer of the tract to be subdivided.  There is
concern that some of these improvements are not constructed properly, may
deteriorate noticeably within one year, and the owner may fail to make
repairs.  Counties have limited ability to force the necessary repairs to
be made and have no mechanism to ensure the funding of the repairs.  House
Bill 2581 requires the owner of the tract to be subdivided to execute a one
year maintenance bond  to ensure proper construction and maintenance of
streets and drainage 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. 

ANALYSIS

House Bill 2581 amends the Local Government Code to authorize the
commissioners court of a county to require that the owner of the tract to
be subdivided execute a good and sufficient bond to ensure proper
construction and maintenance of the streets, roads, and drainage
improvements in the subdivision.   The bill provides that such a
maintenance bond must be in an amount to which the owner and the
commissioners court agree is adequate to ensure proper maintenance of the
streets, roads, and drainage improvements in the subdivision for a period
of the later of either one year after the date the county approves the
final construction of the streets, roads, and drainage improvements or the
date the commissioners court includes the streets, roads, and drainage
improvements in the county road system. 

EFFECTIVE DATE

September 1, 2001.