HBA-LJP H.B. 3308 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3308 By: Menendez Land & Resource Management 3/28/2001 Introduced BACKGROUND AND PURPOSE A planned unit development (PUD) is created by written agreement between property owners of property in the extraterritorial jurisdiction of a municipality and the governing body of the municipality. Under current law, if the agreement authorizes a municipality to enforce certain municipal land use and development regulations within the PUD, the enforcement is required to be in the same manner that such regulations are enforced within the boundaries of a municipality. Some PUDs have been developed that incorporate private streets and drainage systems that are constructed at lower standards than publicly maintained streets and drainage systems. When property owners of a PUD petition a county to oversee the maintenance of the private streets and drainage systems, a county is authorized to require that these facilities meet certain standards, including standards above the ones the county applies to itself. House Bill 3308 specifies that the prohibition on a county from requiring a higher standard for streets and roads in a subdivision than the county imposes on itself applies to both public and private subdivisions. 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 3308 amends the Local Government Code to provide that the prohibition on a county from requiring a higher standard for streets and roads in a subdivision than the county imposes on itself applies to both public and private subdivisions. EFFECTIVE DATE September 1, 2001.