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.