BILL ANALYSIS



C.S.S.B. 312
By: Wentworth (Kuempel)
May 13, 1995
Committee Report (Substituted)


BACKGROUND

Chapter 232, Texas Local Government Code, is dedicated to providing
safe and orderly development of privately subdivided property. 
Information on the prospective uses of the land within a county's
boundaries allows a county to foresee and plan for roads, sewers,
and other services that will be required by future developments.

PURPOSE

As proposed, this bill requires subdivision owners to prepare a
plat stating the dimensions of each lot.  The bill also provides
that the commissioners court is not required to publish notice of
an application under certain conditions.

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 Sections 232.001(a) and (b), Local Government
           Code, to provide that these sections are subject to the
           modified requirements of Section 232.0011 when
           applicable.

SECTION 2  Amends Chapter 232, Local Government Code, by adding
           Section 232.0011 as follows:

           (a)  Provides that this section applies only to a county
           with a population of 75,000 or less.
           (b)  Requires the owner of a tract of land outside
           municipality limits, who divides the tract into two or
           more parts to lay out lots or streets, alleys, or parks
           for public use, to have a plat of the subdivision
           prepared.
           (c)  Sets out the requirements for a plat including a
           requirement that the plat state the dimensions of each
           tract intended to be dedicated to public use.

SECTION 3  Section 232.007, Local Government Code, (Manufactured
           Home Rental Communities), is amended by adding
           Subsection (c), which makes certain manufactured home
           communities subject to regulation as a subdivision under
           this chapter.

SECTION 4  Amends Section 232.008(b), Local Government Code, to
           authorize, rather than require, the commissioners court
           to authorize the owner of the subdivision to file an
           instrument cancelling the subdivision in whole or in
           part.

SECTION 5  Amends Section 232.009, Local Government Code, as
           follows:

           Sec. 232.009.  REVISION OF PLAT.  Deletes existing
           Subsection (a) and renumbers accordingly.  Existing
           Subsection (a), which is deleted by this Act, provides
           that this section applies only to property located
           outside municipalities with a population of 1.5 million
           or more.  New Subsection (c) provides that the
           commissioners court is not required under Subsection (b)
           to publish notice of an application or give notice to
           nondeveloper owners if the proposed revision of the
           subdivision plat combines or reconfigures tracts, and
           the resulting tracts are larger than the original
           tracts.  Subsections (d) and (e) are unchanged.

SECTION 6. Effective date:  September 1, 1995.

SECTION 7. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute is a legislative council draft of the original bill,
and therefore, the substitute reorganizes some of the sections in
the original and makes some other nonsubstantive, technical
changes.

The substitute takes the changes that the original bill made in
Sections 232.001(a) and (b) (SECTION 1 of the original) and moves
the changes to a new Section 232.0011 (SECTION 2 of the
substitute).  This new section in the substitute is made applicable
only to counties of 75,000 or less.

SUMMARY OF COMMITTEE ACTION

S.B. 312 was considered by the committee in a public hearing on May
2, 1995.

The following persons testified in favor of the bill:

           Representative Edmund Kuempel;
           Nathan Rheinlander, representing Comal County;
           Thomas Hornseth, representing himself and Comal County;
           J. L. Evans, representing himself and Comal County; and
           Donald Lee, representing the Conference of Urban
           Counties.

The bill was left pending.

S.B. 312 was considered by the committee in a formal meeting on May
12, 1995.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 2 nays, 1 pnv, 1 absent.