By Oliveira                                     H.B. No. 1737

      75R4603 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to notice and public hearing requirements for proposed

 1-3     subdivisions in certain counties.

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

 1-5           SECTION 1.  Subchapter B, Chapter 232, Local Government Code,

 1-6     is amended by adding Sections 232.0245 and 232.0246 to read as

 1-7     follows:

 1-8           Sec. 232.0245.  NOTICE AND HEARING REQUIREMENT FOR PROPOSED

 1-9     SUBDIVISION.  (a)  Before approving a subdivision plat under

1-10     Section 232.024, the commissioners court shall conduct a public

1-11     hearing.

1-12           (b)  The commissioners court shall provide notice of the

1-13     hearing to persons who own land or reside on land adjacent to the

1-14     proposed subdivision before the 15th day before the date of the

1-15     hearing by:

1-16                 (1)  publication in a newspaper of general circulation

1-17     in each county in which the proposed subdivision is located; and

1-18                 (2)  written notice, which may be delivered in person

1-19     or by depositing the notice, properly addressed with postage

1-20     prepaid, in a post office or postal depository within the county.

1-21           (c)  A person entitled to notice under this section may offer

1-22     testimony and present written evidence at the hearing relating to

1-23     the proposed subdivision.

1-24           (d)  The commissioners court may delegate the responsibility

 2-1     for providing notice under this section to the subdivider of the

 2-2     proposed subdivision.

 2-3           Sec. 232.0246.  NOTICE AND HEARING REQUIREMENT FOR CERTAIN

 2-4     ACTIONS.  (a)  Before granting a cancellation or revision of, or a

 2-5     variance to a subdivision plat, the commissioners court shall

 2-6     conduct a public hearing.

 2-7           (b)  Before the 15th day before the date of the hearing, the

 2-8     commissioners court shall provide notice of the hearing to:

 2-9                 (1)  persons who own land or reside on land adjacent to

2-10     the subdivision; and

2-11                 (2)  persons who own land, reside on land, lease land,

2-12     or own an easement on land that is located within 1,500 feet of the

2-13     subdivision.

2-14           (c)  The notice required by Subsection (b) must be provided

2-15     by:

2-16                 (1)  publication in a newspaper of general circulation

2-17     in each county in which the subdivision is located; and

2-18                 (2)  written notice, which may be delivered in person

2-19     or by depositing the notice, properly addressed with postage

2-20     prepaid, in a post office or postal depository within the county.

2-21           (d)  A person entitled to notice under this section may offer

2-22     testimony and present written evidence at the hearing relating to

2-23     the cancellation or revision of, or the variance to, the

2-24     subdivision plat.

2-25           (e)  The commissioners court may delegate the responsibility

2-26     for providing notice under this section to the subdivider of the

2-27     proposed subdivision.

 3-1           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 3-2           (b)  The change in law made by this Act by the addition of

 3-3     Section 232.0245, Local Government Code, applies only to a

 3-4     subdivision plat filed as required by Subchapter B, Chapter 232,

 3-5     Local Government Code, on or after the effective date of this Act.

 3-6     A subdivision plat filed as required by Subchapter B, Chapter 232,

 3-7     Local Government Code, before the effective date of this Act is

 3-8     governed by the law in effect when the subdivision plat was filed,

 3-9     and the former law continues in effect for that purpose.

3-10           (c)  The change in law made by this Act by the addition of

3-11     Section 232.0246, Local Government Code, applies only to an

3-12     application for a cancellation or revision of, or for a variance

3-13     to, a subdivision plat filed on or after the effective date of this

3-14     Act.  An application filed before the effective date is governed by

3-15     the law in effect when the application was filed, and the former

3-16     law continues in effect for that purpose.

3-17           SECTION 3.  The importance of this legislation and the

3-18     crowded condition of the calendars in both houses create an

3-19     emergency and an imperative public necessity that the

3-20     constitutional rule requiring bills to be read on three several

3-21     days in each house be suspended, and this rule is hereby suspended.