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.