HBA-KDB S.B. 517 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 517
By: Lucio
Land & Resource Management
4/17/2001
Engrossed



BACKGROUND AND PURPOSE 

There is concern that colonias lack basic services such as water,
wastewater systems, electricity, and paved roads.   Colonias may be better
served if counties in which the colonias are located are allowed to
regulate land development to prevent the proliferation of substandard
housing developments.  Senate Bill 517 sets forth provisions authorizing a
county to regulate certain aspects of land development in its
unincorporated areas. 

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

Senate Bill 517 amends the Local Government Code  to authorize the
commissioners court of a county by order to regulate land development in
the unincorporated area of the county by adopting certain building codes
and regulations relating to buildings, lots, and tracts.  If such an order
conflicts with an ordinance of a municipality, the municipal ordinance
prevails within the municipality's jurisdiction to the extent of the
conflict.  The bill entitles the county, in a suit brought by the county
attorney or other prosecuting attorney representing the county in the
district court, to appropriate injunctive relief to prevent the violation
or threatened violation of an order relating to regulation of land
development in counties from continuing or occurring..  The bill provides
that it is a Class C misdemeanor if a person violates a restriction or
prohibition imposed by such an order. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.