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.