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.