BILL ANALYSIS



C.S.H.B. 645
By: Brimer
02-16-95
Committee Report (Substituted)


BACKGROUND

Municipalities receive several minor plat revisions every year
which do not adversely affect the owners of other lots in the
subdivision.  In many situations, these replats involve creating
larger lots and thereby reducing the number of lots in the
subdivision.  Nevertheless, Chapter 212 of the Local Government
Code requires a public hearing and approval by the municipal
planning commission or city council.  This bill will allow the
municipality to delegate approval of responsibility for these minor
plats to an employee of the municipality, similar to the approval
authority already allowed for other minor plats, without excessive
time delays and expenses.


PURPOSE

To allow a municipality to delegate approval authority for amending
plats to an employee of the municipality.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.


SECTION BY SECTION ANALYSIS

Section 1
Amends Section 212.0065 of the Local Government code to allow a
municipality to delegate to an employee of the municipality the
ability to approve amending plats.

Section 2
Amends Section 212.016(a) to include in the definition of an
amending plat a replat of one or more lots fronting an existing
street if the owners of all of those lots join in the application
for amending the plat; the amendment does not attempt to remove
recorded covenants or restrictions; the amendment does not increase
the number of lots and the amendment does not create or require the
creation of a new street or make necessary the extension of
municipal facilities.

Section 3
Effective Date

Section 4
Emergency Clause


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute clarified that delegated authority to approve plats
may be exercised by a city employee.


SUMMARY OF COMMITTEE ACTION
H.B. 645 was considered by the committee in a public hearing on
March 6, 1995.  The following persons testified in favor of the
bill: Rep. Brimer; and Ted Rowe representing the city of Kennedale. 
The committee considered a complete substitute for the bill.  No
amendments were offered.  The substitute was adopted without
objection.  The bill was reported favorably, as substituted, with
the recommendation that it do pass, be printed, and placed on the
Local and Consent Calendar, by a record vote of 7 ayes, 0 nays, o
pnv, and 2 absent.