1-1     By:  Oliveira (Senate Sponsor - Lucio)                H.B. No. 1279

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; May 5, 1997, reported favorably, as

 1-5     amended, by the following vote:  Yeas 11, Nays 0; May 5, 1997, sent

 1-6     to printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Lucio

 1-8     Amend H.B. 1279 as follows:

 1-9           On page 1, line 20, strike "The municipal authority

1-10     responsible for approving plats" and insert "The governing body of

1-11     a municipality"

1-12                            A BILL TO BE ENTITLED

1-13                                   AN ACT

1-14     relating to the delegation of responsibility by a municipality for

1-15     the approval of certain plats.

1-16           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-17           SECTION 1.  Section 212.0065, Local Government Code, is

1-18     amended to read as follows:

1-19           Sec. 212.0065.  DELEGATION OF APPROVAL RESPONSIBILITY.  (a)

1-20     The municipal authority responsible for approving plats [A

1-21     municipality] may delegate to one or more persons [an employee] of

1-22     the municipality or of a utility owned or operated by the

1-23     municipality the ability to approve:

1-24                 (1)  amending plats described by Section 212.016;  or

1-25                 (2)  minor plats involving four or fewer lots fronting

1-26     on an existing street and not requiring the creation of any new

1-27     street or the extension of municipal facilities.

1-28           (b)  The designated person or persons [employee] may, for any

1-29     reason, elect to present the plat for approval to the municipal

1-30     authority responsible for approving plats [planning commission or

1-31     governing body, or both, to approve the plat].

1-32           (c)  The person or persons [employee] shall not disapprove

1-33     the plat and shall be required to refer any plat which the person

1-34     or persons refuse [he refuses] to approve to the municipal

1-35     authority responsible for  approving plats [planning commission or

1-36     governing body, or both,] within the time period specified in

1-37     Section 212.009.

1-38           SECTION 2.  The importance of this legislation and the

1-39     crowded condition of the calendars in both houses create an

1-40     emergency and an imperative public necessity that the

1-41     constitutional rule requiring bills to be read on three several

1-42     days in each house be suspended, and this rule is hereby suspended,

1-43     and that this Act take effect and be in force from and after its

1-44     passage, and it is so enacted.

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