CPC C.S.H.B. 1821 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT C.S.H.B. 1821 By: Lewis, Ron 5-5-97 Committee Report (Substituted) BACKGROUND Section 232.001, Local Government Code, requires owners of land who subdivide land outside of a city to prepare a plat and file it with the county. Commissioners Courts have authority under Section 232.003 to adopt a number of specific regulations for new subdivisions related to roads and drainage and drinking water. Commissioners Courts review plats for compliance with county regulations and must approve them before they may be filed. Cities, by contrast, have the authority to adopt any requirement of new subdivisions "to promote the health, safety, morals or general welfare of the municipality." (Section 212.002, Local Government Code) In recent years, a greater amount of new development has taken place outside of cities. The vast majority of this development has been positive - providing home buyers the option of a suburban or rural neighborhood with adequate roads, drainage and access to water and sewer. Some of the development, however, has not been to a reasonable standard. Subdivisions have been developed with lots that do not meet minimum requirements for the installation of a permitted septic tank, though no sewer system is available. Lots have been sold that do not have adequate access to water, where proper drainage features and grading have not been completed and some lots flood with relatively normal rainfall. Residents of these subdivisions then look to the county to resolve these problems at the expense of all county taxpayers. Exacerbating these problems was the Elgin Bank v. Travis County court decision that removed county authority to require county approval of subdivision plats if the subdivisions do not include new roads, easements, or dedicate land for public use. Before this decision, county officials required plats for all new subdivisions, an interpretation of the law that had been upheld by all district court decisions prior to Elgin Bank. The Elgin Bank decision has left some new rural and suburban development outside the jurisdiction of even minimal regulation by counties. At the same time, developers that put in new roads, easements, or dedicate land for public use must meet county requirements creating an uneven playing field for developers. PURPOSE CSHB 1821 grants counties authority to require platting of new subdivisions that do not create new roads, easements, or dedicate land for public use. Further, it will strengthen county authority regarding subdivision drainage and the provision of water and sewer services in order to provide for the health and safety of subdivision residents and neighbors. It would grant Commissioners Court the authority to deny cancellation of plats if the cancellation would prevent the interconnection of infrastructure. It will also allow counties to avoid the expense of notifying nondeveloping landowners in a subdivision of lot combinations. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority in Sec. 232.001(l), Local Government Code, authorizing the commissioners court to adopt rules necessary to administer this section. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sec. 232.001, Local Government Code, by amending Subsection (a) and adding Subsections (f)-(l) as follows: (a) Except as otherwise provided by this section, the owner of a tract of land located outside the limits of a municipality or outside the area where a municipality has adopted rules governing plats and subdivision of land who divides the tract into two or more parts must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of land under this subsection does not include a division of land into tracts of more than five acres, if each tract has access to a public right-of-way, the owner does not lay out streets, alleys, squares, parks, or easements or no public improvement is dedicated. (f) States that for the purpose of this section, land is considered within the jurisdiction of a county if the land is located in the area to which Subsection (a) applies. (g) Provides for written approval by the commissioners court to the person applying for the approval, a certificate stating that the plan, plat, or replat has been reviewed and approved by the commissioners court. (h) Provides for the written request of an owner of land, a public utility or the commissioners court of the county, whichever has authority has the authority to approve plans, plats, or replats, shall make certain determinations provided. (i) Provides that a request in Subsection (h) must identify and describe the circumstances of the division of land that is in question. (j) Provides that if the request for approval to plan, plat, or replat is or is not required then the commissioners court will issue a written certification of that determination. (k) Provides that the commissioners court shall make its determination under Subsection (j) within 20 days after the date they receive the request under Subsection (h) and shall issue the certificate, if appropriate, within 10 days after the date the determination is made. (l) Provides the commissioners court to adopt rules necessary to administer this section. SECTION 2. Amends Sec. 232.0015, Local Gov. Code, by adding subsection (c) as follows: (c) Provides that the county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if the the owner does not lay out streets, alleys, squares, parks, or easements and if the land is used primarily for agriculture. (d) Provides that if a tract described by Subsection (c) ceases to be used primarily for agricultural use, the platting requirements of this subchapter apply. (e) Provides that the county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into four or fewer parts to have a plat of the subdivision prepared if each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity of affinity. If any lot is sold, given, or otherwise transferred to an individual who is not related to the owner within the third degree by consanguinity or affinity, the platting requirements of this subchapter apply. (f) Provides that the county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if certain requirements provided are not met. SECTION 3. Amends Subchapter A, Chapter 232, Local Government Code, by adding Section 232.0016 as follows: Sec. 232.0016. REGISTRATION OF UNPLATTED SUBDIVISIONS. (a) Provides that if a subdivision is not required to be platted under Sec. 232.0015, the commissioners court of the county may require the owner of the land t register the subdivision with the county clerk before improvements are made to the land. (b) Requires that in order to register the subdivision the owner must provide the county clerk with a description of the land to be subdivided. (c) Provides that a subdivision registered under this section is not subject t the approval requirements of Section 232.003. (d) Provides that the commissioners court of a county may not charge any additional fee for registration of an unplatted subdivision. SECTION 4. Amends Subchapter A, Chapter 232, Local Government Code, by adding Section 232.0025 as follows: Sec. 232.0025. TIMELY APPROVAL OF PLATS. (a) Provides that the commissioners court of a county or a person designated by the court must issue a written list of documentation and other information that must be submitted with a plat application. (b) Provides that if an incomplete application is submitted to the commissioners court or the court designee must notify the applicant, no later than 10 business days after the application is received, of the missing documents. (c) States that an application is considered complete when all documentation or other information required by Subsection (a) is received. (d) States that the commissioners court or the designee must take final action on a plat application no later than 60 days after the complete application is received. (e) States that the applicant must be given a complete list of reasons for the disapproval of a plat application. (f) Provides that the 60-day period in Subsection (d) may be extended if certain provisions provided are met. (g) Provides the commissioners court or the court's designee may not compel an applicant to waive the time limits contained in this section. (h) States that the commissioners court or the court's designee has to make a timely determination regarding the application certain provisions provided may occur. SECTION 5. Amends Sec. 232.003, Local Government Code, by adding Subsection 8 and 9 as follows: Sec. 232.003(8) Provides provisions for drainage in the subdivision. Sec. 232.003(9) Requires that lot frontages on all streets and roads in a subdivision be at least 15 feet in width. SECTION 6. Amends Section 232.004, Local Government Code, by amending Subsections (2) and (5) as follows: Sec. 232.004. BOND REQUIREMENTS. Inserts the phrases which inserts drainage requirement for subdivisions. SECTION 7. Amends Section 232.008, Local Government Code, by adding Subsection (h) as follows: Sec. 232.008(h) Provides that the commissioners court may deny a cancellation under this section if the commissioners court determines the cancellation will prevent the interconnection of infrastructure to pending or existing development. SECTION 8. Amends Section 232.009, Local Government Code, by amending Subsections (c) and adding Subsection (f) as follows: Sec. 232.009(c) Adds a provision which is provided in Subsection (f). Sec. 232.009(f) States that the commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts. SECTION 9. Effective Date. (a) This Act takes effect September 1, 1997, and applies only to land subdivided or a plat filed on or after that date. (b) Section 232.0025, Local Government Code, as added by this Act applies to a plat application submitted on or after October 1, 1997. SECTION 10. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 1821 states that a division of land under this subsection does not include a division of land into tracts of more than five acres, if each tract has access to a public right-of-way, the owner does not lay out streets, alleys, squares, parks, or easements or no public improvement is dedicated. States that for the purpose of this section, land is considered within the jurisdiction of a county if the land is located in the area to which Subsection (a) applies. Provides for written approval by the commissioners court to the person applying for the approval, a certificate stating that the plan, plat, or replat has been reviewed and approved by the commissioners court. Provides for the written request of an owner of land, a public utility or the commissioners court of the county, whichever has authority has the authority to approve plans , plats, or replats shall make certain determinations provided. Provides that a request in Subsection (h) must identify and describe the circumstances of the division of land that is in question. Provides that if the request for approval to plan, plat, or replat is or is not required then the commissioners court will issue a written certification of that determination. Provides that the commissioners court shall make its determination under Subsection (j) within 20 days after the date they receive the request under Subsection (h) and shall issue the certificate, if appropriate, within 10 days after the date the determination is made. Provides the commissioners court to adopt rules necessary to administer this section. These provisions were not contained in the original legislation. CSHB 1821 provides that the county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if the the owner does not lay out streets, alleys, squares, parks, or easements. Provides that the county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into four or fewer parts to have a plat of the subdivision prepared if each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity of affinity. If any lot is sold, given, or otherwise transferred to an individual who is not related to the owner within the third degree by consanguinity or affinity, the platting requirements of this subchapter apply. Provides that the county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if certain requirements provided are not met. These provisions were not contained in the original legislation. CSHB 1821 contains certain provisions for the registration of unplatted subdivisions. The original legislation did not contain these provisions. CSHB 1821 contains certain provisions for the timely approval of plats. The original legislation did not contain these provisions. CSHB 1821 includes provisions for drainage in the subdivision, and requires that lot frontages on all streets and roads in a subdivision be at least 15 feet in width. The original legislation did not contain these provisions. CSHB 1821 inserts phrases which provides for drainage requirement for subdivisions. The original legislation did not contain these provisions. CSHB 1821 provides provisions that the commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts. The original legislation did not contain this provisions. CSHB 1821 provides provisions in the Emergency Clause. The original legislation did not contain these provisions.