Enrolled Bill Summary

            Senate Bill 1421 amends provisions of the Local Government Code relating to subdivision platting requirements and utility connections in certain counties. The act adds a new subchapter to authorize the county commissioners court of certain counties to create a planning commission vested with certain oversight authority regarding land use, health and safety, planning, and development. Senate Bill 1421 requires a county planning commission to comply with certain composition and functional guidelines, sets time frames for issuing decisions on plat applications, and authorizes the commissioners court to impose a fee on subdividers to fund inspections to ensure compliance with subdivision requirements.

            The act also amends subdivision platting requirements for economically distressed counties to authorize a commissioners court to grant a delay or variance from certain platting requirements under certain circumstances and in accordance with certain notification provisions. Senate Bill 1421 expands the list of instances in which certain public and private entities may serve or connect land in economically distressed areas with water, sewer, electricity, gas, or other utility services.

            The act amends provisions of the Water Code to require the Texas Natural Resource Conservation Commission (TNRCC) to comply with certain guidelines when choosing between two or more public utilities who seek to provide water supply or wastewater services in an economically distressed area. Senate Bill 1421 requires the Texas Water Development Board (TWDB) to promulgate rules regarding the selection of engineering services by a political subdivision and authorizes TWDB to terminate a contract if a political subdivision that has received project funds from TWDB does not provide service that is either satisfactory or provided in a timely manner. The act makes certain changes regarding the approval and denial of applications for assistance from the TWDB and makes the Texas Department of Health (TDH) responsible for determining the level of nuisance or danger due to water supply and sanitation problems in economically distressed areas.

            Senate Bill 1421 places restrictions on the use of revenue by a political subdivision for water supply or wastewater services constructed with TWDB funds and creates civil penalties for violations of provisions governing water development and subdivision requirements in economically distressed areas. It expands the authority of the attorney general to enforce rules, obtain relief, and recover damages and certain fees, and places venue restrictions on actions brought to enforce certain provisions governing subdivision and utility service activities in economically distressed areas. The act amends the Government Code to allow the governor to designate an agency as the state's colonias initiative coordinator, gives the coordinator certain powers, and requires TNRCC, TDH, TWDB, the attorney general's office, and the Texas Department of Housing and Community Affairs to each appoint a high ranking official as liaison to work with the coordinating agency.

            Finally, Senate Bill 1421 authorizes the TNRCC to conduct certain grant programs with state or federal funds, including federal pass-through grant programs, programs for pollution prevention, energy or resource conservation, or waste management, programs for national estuaries, and certain programs regarding air pollution and air quality. The act establishes requirements for grant applications, selection of grant recipients, and funding.