BILL ANALYSIS



S.B. 992
By: Barrientos (Dukes)
04-29-95
Committee Report (Amended)


BACKGROUND

Current statutes require a municipality to act to approve or
disapprove a subdivision plat within 30 days of submission by the
property owner.  Other sections of the Local Government Code
provide that a municipality must approve a plat which complies with
its ordinances.  Under current law, a municipality may conduct
"statutory disapproval" and deny all plats upon submission, thereby
circumventing legislative intent.

PURPOSE

As proposed, S.B. 992 provides that a plat is considered approved
by a municipal authority unless it is disapproved for cause within
that period.

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 212.009(a), Local Government Code, to
           require the municipal authority responsible for
           approving plats to act on a plat within 60 days after
           the date the plat is filed.  Provides that a plat is
           considered approved by the municipal authority unless
           it is disapproved within that period under the
           provisions of Section 212.005 and a complete list of
           unmet regulations is provided to the applicant as soon
           as practicable.

SECTION 2  Makes application of this Act prospective.

SECTION 3  Effective date:  September 1, 1995.

SECTION 4  Emergency clause.

EXPLANATION OF AMENDMENTS

COMMITTEE AMENDMENT NO. 1

           Amends Section 212.009(a) in SECTION 1 of the bill to
           provide that the municipality must provide the list of
           unmet regulations as soon as practicable "but in no
           event later than 60 days after the date the plat is
           filed, unless the proposed plat covers an area greater
           than 540 acres."

SUMMARY OF COMMITTEE ACTION

S.B. 992 was considered by the committee in a public hearing on
April 25, 1995.

For purposes of testimony, the committee considered the following
related bills together:  H.B. 2297 and S.B. 992.


The following persons testified in favor of one or more of the
bills:

           Representative Dawnna Dukes (H.B. 2297 and S.B. 992);
           Michael Schoenfeld, representing MK Development and the
           Texas Capital Area Builders Association (H.B. 2297 and
           S.B. 992);
           Shayne Woodard, representing the Texas Association of
           Builders (H.B. 2297 and S.B. 992); and
           Harry Savio, representing himself and the Texas Capital
           Area Builders Association (H.B. 2297 and S.B. 992).

The committee considered an amendment to the bill.  The amendment
was adopted without objection.

The bill was reported favorably as amended, 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.