JH H.B. 1280 75(R)BILL ANALYSIS


URBAN AFFAIRS
H.B. 1280
By: Oliveira
4-2-97
Committee Report (Amended)



BACKGROUND 

In 1989, state law was amended to prohibit most new utility hookups for a
parcel of land unless the utility first receives a determination
certificate from the city indicating that the parcel complies with
applicable subdivision regulations. The certificate can only be issued by
the city's planning commission or governing body under existing law.
Brownsville, for instance, would like to be able to delegate the making of
such determinations (and the issuance of such certificates) to one or more
persons. These persons would help determination-certificate applicants by
processing their applications faster than the Planning Commission, which
only meets once every two weeks. 

PURPOSE

As proposed, this measure HB would grant municipal authorities responsible
for approving plats the ability to delegate to others the ability to issue
certificates reflecting plat approval compliance. It would speed up the
platting process to help developers save time while relieving some burden
from the Planning Commission which could be concentrating on more complex
matters. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 212.0115, Local Government Code, by adding
Subsection (i).   Subsection (i) gives the municipal authority responsible
for approving plats the   ability to delegate, in writing, the ability to
perform any of the authority's     responsibilities under this section to
one or more persons. Under this subsection, a   binding decision under
this subsection is appealable to the municipal authority. 

SECTION 2.  Emergency Clause. 

EXPLANATION OF AMENDMENTS

Committee amendment #1 replaced "employees" with "persons" as to whom plat
authority may be delegated.