BILL ANALYSIS



S.B. 542
By: Rosson (Oliveira)
May 4, 1995
Committee Report (Unamended)


BACKGROUND

Currently, a large percentage of land in border counties is not
required to follow the model subdivision rules of Section 16.341,
Water Development Code, because they were platted before the rules
went into effect, and any subdivision that was platted prior to
September 1, 1989 was grandfathered.  Many subdivisions which were
grandfathered are not platted or partially platted and are exempt
from having to provide adequate water and wastewater utilities. 
Subdivisions with inadequate water and wastewater facilities and
utilities are common problems in "colonias" which have shown
incidence of tuberculoses and hepatitis and are becoming common
around the border regions of Texas.

PURPOSE

As proposed, S.B. 542 provides conditions and procedures for
cancelling certain platted subdivisions if the land has not been
developed.

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  Sets forth the findings of the legislature and the
           purpose of this Act.

SECTION 2  Amends Chapter 232, Local Government Code, by adding
           Section 232.0085, as follows:

     Sec. 232.0085.  CANCELLATION OF CERTAIN SUBDIVISIONS IF LAND
     REMAINS UNDEVELOPED.  (a)  Sets forth the conditions regarding
     real property to which this section applies.
     
     (b)  Authorizes the commissioners court of a county to
       cancel a subdivision for which a plat was filed and approved
       before September 1, 1989, if the development of or the
       making of improvements in the subdivision was not begun
       before the effective date of this section; and the
       commissioners court, by resolution, has made a finding that
       the land in question is likely to be developed as a colonia.
       
       (c)  Sets forth the required procedures for publishing a
       notice of a proposal to cancel a subdivision under this
       section.  Requires the county tax assessor-collector to
       deposit with the U.S. Postal Service a similar notice
       addressed to each owner of land in the subdivision, as
       determined by the most recent county tax roll.
       
       (d)  Requires the commissioners court to permit any
       interested person to be heard at the hearing.  Requires the
       court to adopt an order on whether to cancel the
       subdivision.  Prohibits the court from adopting an order
       canceling a subdivision under certain circumstances.
       
       (e)  Requires the commissioners court to file the
       cancellation order for recording in the deed records of the
       county.  Requires the property to be treated as if it had
       never been subdivided, and the county chief appraiser to
       assess the property accordingly.  States that any liens
       against the property shall remain against the property as it
       was previously subdivided.
       
       SECTION 3    Emergency clause.
           Effective upon passage.

SUMMARY OF COMMITTEE ACTION

S.B. 542 was considered by the committee in a public hearing on May
2, 1995.  

The following person testified in favor of the bill:

           Representative Rene Oliveira.

The following persons testified neutrally on the bill:

           Jonathan Steinberg, representing the Texas Water
Development Board; and
           Fernando Escarcega, representing the Texas Water
Development Board.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.