By Oliveira                                           H.B. No. 1279

         75R4405 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the delegation of responsibility by a municipality for

 1-3     the approval of certain plats.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 212.0065, Local Government Code, is

 1-6     amended to read as follows:

 1-7           Sec. 212.0065.  DELEGATION OF APPROVAL RESPONSIBILITY.

 1-8     (a)  The municipal authority responsible for approving plats [A

 1-9     municipality] may delegate to one or more employees [an employee]

1-10     of the  municipality or of a utility owned or operated by the

1-11     municipality the ability to approve:

1-12                 (1)  amending plats described by Section 212.016;  or

1-13                 (2)  minor plats involving four or fewer lots fronting

1-14     on an existing street and not requiring the creation of any new

1-15     street or the extension of municipal facilities.

1-16           (b)  The designated employee or employees may, for any

1-17     reason, elect to present the plat for approval to the municipal

1-18     authority responsible for  approving plats [planning commission or

1-19     governing body, or both, to approve the plat].

1-20           (c)  The employee or employees shall not disapprove the plat

1-21     and shall be required to refer any plat which the employee or

1-22     employees  refuse [he refuses] to approve to the municipal

1-23     authority responsible for  approving plats [planning commission or

1-24     governing body, or both,] within the time period specified in

 2-1     Section 212.009.

 2-2           SECTION 2.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.

 2-9                          COMMITTEE AMENDMENT NO. 1

2-10           Amend H.B. No. 1279 as follows:

2-11           (1)  On page 1, line 9, strike "one or more employees" and

2-12     substitute "one or more persons".

2-13           (2)  On page 1, line 16, strike "employee or employees" and

2-14     substitute "person or persons [employee]".

2-15           (3)  On page 1, line 20, strike "employee or employees" and

2-16     substitute "person or persons [employee]".

2-17           (4)  On page 1, lines 21-22, strike "the employee or

2-18     employees" and substitute "the person or persons".

2-19     75R9675 CAG-F                                                  Hill