SRC-AAA C.S.H.B. 1280 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1280
By: Oliveira (Lucio)
Intergovernmental Relations
5-1-97
Committee Report (Substituted)


DIGEST 

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. C.S.H.B. 1280 grants municipal
authorities responsible for approving plats  the ability to delegate to
others the ability to issue certificates reflecting plat approval
compliance, and speeds 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. 

PURPOSE

As proposed, C.S.H.B. 1280 authorizes the governing body of a
municipality to delegate, in writing, the ability to perform any of the
responsibilities under this section to  one or more persons. Provides that
a binding decision of persons under this subsection is appealable to the
municipal authority responsible for approving plats. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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

SECTION 2. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Amends the relating clause.
SECTION 1.

Amends Section 212.0115, Local Government Code, by adding Subsection (i),
to authorize the governing body of a  municipality to delegate, in
writing, the ability to perform any of the responsibilities under this
section to  one or more persons. Provides that a binding decision of
persons under this subsection is appealable to the municipal authority
responsible for approving plats.