SRC-JRN S.B. 1095 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1095
By: Wentworth
Intergovernmental Relations
3-25-97
As Filed


DIGEST 

Currently, Texas law requires land owners who divide land outside a
municipality to prepare a plat and file it with the county.  While the
plat system has been used by county commissioners courts to assist in
establishing the installation of new septic tanks and the proper
addressing of rural residences for 911 emergency communication purposes,
some concern exists that the authority of a county to regulate the
platting of land for public use may be too extensive.  This bill sets
forth provisions that allow a county authority to regulate land outside of
a municipality. 

PURPOSE

As proposed, S.B. 1095 sets forth provisions that allow a county authority
to regulate land outside of a municipality. 

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 232.001(a), Local Government Code, to set forth
purposes for which an owner may use divided tracts of land.  Makes
conforming changes. 

SECTION 2. Amends Section 232.0015, Local Government Code, by adding
Subsection (c), to prohibit a county from requiring a plat for a
subdivision of land used for agricultural purposes if each subdivided
piece of land will continue to be used for agricultural purposes. 

SECTION 3. Amends Section 232.003, Local Government Code, as follows:

Sec. 232.003. SUBDIVISION REQUIREMENTS.  Sets forth requirements a
commissioners court may authorize by order, among which includes providing
for drainage in the subdivision to meet certain conditions.  Prohibits a
utility from serving or connecting any subdivided land with electricity or
gas utilities unless the utility receives a determination from the
commissioners court that adequate water and sewer services are available
for the subdivision.  Requires the prohibition established by Subsection
(b) to apply only to land that a utility first serves or connects with
services on or after September 1, 1997. 

SECTION 4. Amends Section 232.004, Local Government Code, to set forth
requirements of a bond, which include the requirement that the bond be
conditioned that the roads and streets and the drainage requirements for
the subdivision will be constructed according to certain specifications. 

SECTION 5. Amends Section 232.008, Local Government Code, by adding
Subsection (h), to authorize the commissioners court to deny a
cancellation under this section if the commissioners court determines the
cancellation will prevent the interconnection of infrastructure to future
or existing development. 

SECTION 6. Amends Section 232.009, Local Government Code, by amending
Subsection (c) and adding Subsection (f), to require the court to give
certain notice, if all or part of the subdivided tract has been sold to
nondeveloper owners, except as provided by Subsection (f).  Provides that
the  commissioners court is not required to give notice by mail under
Subsection (c) if the plat revision only combines existing tracts. 

SECTION 7. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 8. Emergency clause.