HBA-DMD, BTC C.S.H.B. 52 76(R)BILL ANALYSIS
Office of House Bill AnalysisC.S.H.B. 52
By: Cuellar
Land and Resource Management
3/9/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, developers are able to subdivide land for residential purposes
with virtually no county oversight. Problems created by the existing lack
of county supervision include the development of residential subdivisions
with lots that do not meet minimum requirements for the installation of a
permitted septic system, inadequate drainage systems which cause flooding
with normal rainfall, and inadequate access for emergency vehicles. These
persistent problems present threats to the safety and lives of county
residents who are then left with the responsibility of paying the
additional costs of providing services.
C.S.H.B. 52 authorizes the commissioners court of a county to establish a
planning commission. The bill renames Subchapter B, Chapter 232, Local
Government Code and specifies that this subchapter applies only to a county
which has any part of it located within 50 miles of an international
border. This bill authorizes the commissioners court to authorize the
planning commission to review, evaluate, approve, or deny subdivision
plats. This bill also provides criteria for the appointment and removal of
planning commission members. Additionally, the bill requires the planning
commission to issue a list of information required on a plat application
and provides for the timely completion of incomplete plat applications.
This bill requires the planning commission to take final action on the plat
application within a specified time period and provides a recourse for the
applicant if the planning commission fails to do so.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter B, Chapter 232, Local Government Code, as
follows:
New Title: SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS
IN COUNTY NEAR INTERNATIONAL BORDER
SECTION 2. Amends Section 232.021, Local Government Code, as follows:
Sec. 232.021. DEFINITIONS. Deletes the definition of "affected county."
Includes in the definition of a "utility" a person , including a legal
entity or political subdivision, that provides the services of an electric
utility under Section 31.002 (Definitions), Utilities Code, rather than
Section 3(c)(1), Article 1446e, V.T.C.S., (Public Utility Regulatory Act),
and a gas utility under Section 101.003 (Definitions), Utilities Code,
rather than Section 1.03, Article 1446e, V.T.C.S., (Gas Utility Regulatory
Act). Redesignates Subdivisions (2)-(15) to Subdivisions (1)-(14),
respectively.
SECTION 3. Amends Section 232.022, Local Government Code, as follows:
Sec. 232.022. APPLICABILITY. Sets forth that this subchapter applies only
to a county with any part located within 50 miles of an international
border. Provides that this subchapter applies only to land that is
subdivided into two, rather than four, or more lots that are intended
primarily for residential use in the jurisdiction of the county, rather
than an affected county. Deletes the provision that states that for the
purposes of this section, land is considered to be in the jurisdiction of a
county if the land is located in the county and outside the
extraterritorial jurisdiction of municipalities, as determined by Chapter
42 (Extraterritorial Jurisdiction of Municipalities).
SECTION 4. Amends Section 232.023(a), Local Government Code, to make a
conforming change.
SECTION 5. Amends Section 232.024, Local Government Code, by adding
Subsection (d), to authorize the commissioners court of a county in which
the land is located, if the commissioners court has established a planning
commission as provided by Subchapter D, to authorize the planning
commission to review, evaluate, approve, or deny subdivision plats under
this section. Sets forth that the planning commission is subject to the
same provisions applicable to the commissioners court under this
subchapter, including Section 232.034, relating to conflicts of interest.
SECTION 6. Amends Section 232.026(c), Local Government Code, to make a
conforming change.
SECTION 7. Amends Section 232.035(b), Local Government Code, to make a
conforming change.
SECTION 8. Amends Section 232.037(a), Local Government Code, to make a
conforming change.
SECTION 9. Amends Section 232.038, Local Government Code, to make a
conforming change.
SECTION 10. Amends Section 232.039(a), Local Government Code, to make a
conforming change.
SECTION 11. Amends Subchapter C, Chapter 232, Local Government Code, as
follows:
New Title: SUBCHAPTER C. SUBDIVISION PLATTING REQUIREMENTS
IN CERTAIN ECONOMICALLY DISTRESSED COUNTIES
SECTION 12. Amends Section 232.073, Local Government Code, by adding
Subsection (b), to authorize the commissioners court of a county in which
the land is located, if the commissioners court has established a planning
commission as provided by Subchapter D, to authorize the planning
commission to review, evaluate, approve, or deny subdivision plats under
this section. Sets forth that the planning commission is subject to the
same provisions applicable to the commissioners court under this
subchapter, including Section 232.078, relating to conflicts of interest.
SECTION 13. Amends Chapter 232, Local Government Code, by adding
Subchapter D, as follows:
SUBCHAPTER D. COUNTY PLANNING COMMISSION
Sec. 232.091. APPLICABILITY. Establishes that this subchapter applies only
to a county that is subject to Subchapter B or C, and in which the
commissioners court by order elects to operate under this chapter.
Sec. 232.092. ESTABLISHMENT OF PLANNING COMMISSION. Authorizes the
commissioners court of a county to establish a planning commission to
promote the general public welfare. Provides that commissioners court may
authorize the planning commission to act on its behalf in matters relating
to the duties and authority of the commissioners court under Subchapter A
(Subchapter Platting Requirements in General), B, or C; and land use,
health and safety, planning and development, or other enforcement
provisions specifically authorized by law. Requires the commissioners
court to adopt reasonable rules and procedures necessary to administer this
subchapter if the commissioners court establishes a planning commission.
Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION. Authorizes the
commissioners court to appoint a planning commission consisting of five
members with staggered two-year terms. Requires each member to be a United
States citizen residing in the county. Requires the commissioners court to
file a certificate of appointment for each member with the county clerk
and to fill any vacancy on the commission.
Sec. 232.094. REMOVAL OF MEMBERS OF PLANNING COMMISSION. Subjects a
member of a planning commission to removal as provided by Chapter 87
(Removal of County Officers from Office; Filling of Vacancies), Local
Government Code.
Sec. 232.095. OFFICERS, QUORUM, AND MEETINGS. Requires the planning
commission, at the first meeting of each calendar year, to elect a
presiding officer who presides over the meetings and executes all
documentation required on behalf of the planning commission. Provides that
an assistant presiding officer represents the presiding officer during an
absence. Specifies that there is no limit on the number of terms a
commission member may serve. Requires the minutes of the planning
commission's proceedings, which are a public record, to be filed with the
county clerk or other county officer or employee designated by the
commissioners court. Subjects the planning commission to Chapters 551 (Open
Meetings) and 552 (Public Information), Government Code. Authorizes the
planning commission to adopt necessary rules to administer this subchapter.
Sec. 232.096. TIMELY APPROVAL OF PLATS. (a) Requires the planning
commission to issue a written list of the documentation and other
information, relating to a requirement authorized by law, to be submitted
with a plat application. Considers an application to be complete if the
application submitted to the planning commission contains the documents and
other information on the list.
(b) Requires the planning commission, if a person submits an incomplete
plat application to the planning commission, to notify the applicant of the
missing documents or other information no later than 15 business days after
the planning commission receives the application. Requires the planning
commission to allow an applicant to submit the missing documents or other
information in a timely manner. Defines "business day."
(c) Considers an application to be complete on the date that all
documentation and other information required by Subsection (a) is received
by the planning commission.
(d) Requires the planning commission, if the approval of the plat is within
the exclusive jurisdiction of the county, to take final action on a plat
application, including the resolution of all appeals, no later than 60 days
after the date a completed plat application is received by the planning
commission.
(e) Authorizes the time period prescribed by Subsection (d) to be extended
for a reasonable period if requested by the applicant and an additional 60
days if the county is required under Chapter 2007 (Governmental Action
Affecting Private Property Rights), Government Code, to perform a takings
impact assessment in connection with a plat submitted for approval.
(f) Prohibits the planning commission from compelling an applicant to waive
the time limits prescribed by this section.
(g) Authorizes the applicant, if the planning commission fails to take
final action on the completed plat application as required by this section,
to apply to a district court in the county in which the plat is located for
an injunction to compel the planning commission to approve or disapprove
the plat. Requires a planning commission enjoined by a court under this
subsection to make a decision approving or disapproving the plat no later
than 10 days after the injunction is issued. Requires the planning
commission, if the planning commission approves the plat, within the 10-day
period prescribed by this subsection, to:
(1) refund the greater of the unexpended portion of any plat application
fee or deposit or 50 percent of a plat application fee or deposit that has
been paid;
(2) determine the appropriate amount of any bond or other financial
guarantee required in connection with the plat approval; and
(3) issue documents recognizing the plat's approval.
Sec. 232.097. REASONS FOR DISAPPROVAL OF PLAT REQUIRED. Requires the
planning commission, if the planning commission refuses to approve a flat,
to provide a notice specifying the reason for the disapproval to the person
requesting approval.
SECTION 14. Amends Section 212.012(c), Local Government Code, to authorize
an entity described by Subsection (b) to serve or connect land with water,
sewer, electricity, gas or other utility service regardless of whether the
entity is presented with or otherwise holds a certificate applicable to the
land issued under Section 212.0115 (Certification Regarding Compliance with
Plat Requirements) if the municipal authority responsible for approving
plats issues a certificate stating that the land is located in a county to
which Subchapter B, Chapter 232, applies, rather than an "affected county,"
as that term is defined by Section 232.021.
SECTION 15. Amends Section 12.002(d), Property Code, to make conforming
changes.
SECTION 16. Amends Section 13.002(26), Water Code, to define "affected
county" as a county to which Subchapter B, Chapter 232, applies, rather
than as having the meaning assigned to it by Section 232.021, Local
Government Code (from which the definition of "affected county" was deleted
by this Act.
SECTION 17. Amends Section 26.001(20), Water Code, as added by Section 23,
Chapter 979, Acts of the 74th Legislature, Regular Session, 1995, to make
conforming changes.
SECTION 18. Amends Section 26.001(26), Water Code, as added by Section 24,
Chapter 979, Acts of the 74th Legislature, Regular Session, 1995, to make
conforming changes.
SECTION 19.Emergency clause.
Effective date: 90 days after adjournment.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 52 differs from the original by deleting SECTIONS 1-2 of the
original and adding new SECTIONS 1-4, amending the title of Subchapter B,
Chapter 232, Local Government Code, deleting the definition of "affected
county," redefining electric and gas utilities, and specifying that
Subchapter B applies to a county any part of which is located within 50
miles of an international border.
C.S.H.B. 52 redesignates SECTION 3 of the original to SECTION 5 and adds a
reference to Section 232.034, Local Government Code, relating to conflicts
of interest of the planning commission.
C.S.H.B. 52 differs from the original by adding the new SECTION 6, which
makes a conforming change. The substitute also creates SECTIONS 7-11,
renaming Subchapter C, Chapter 232, Local Government Code, in SECTION 11
and making conforming changes in SECTIONS 6-10.
C.S.H.B. 52 redesignates SECTION 4 of the original to SECTION 12 and adds a
reference to Section 232.078, Local Government Code, relating to conflicts
of interest of the planning commission.
C.S.H.B. 52 redesignates SECTION 5 of the original to SECTION 13. The
substitute creates new text for Section 232.094, Local Government Code,
which subjects a member of the planning commission to removal as provided
by Chapter 87 (Removal of County Officers from Office; Filling of
Vacancies), Local Government Code. Redesignates Section 232.094, Local
Government Code, in the original bill to Section 232.095, Local Government
Code. Additionally, the substitute creates new text in Section 232.095(d),
Local Government Code, which subjects the planning commission to Chapters
551 (Open Meetings) and 552 (Public Information), Government Code.
Redesignates Section 232.094(d), Local Government Code, in the original
bill to Section 232.095(e) of the substitute. The substitute also adds
Sections 232.096 and 232.097, Local Government Code. Section 232.096
relates to specifications of plat applications and provides provisions for
late plat applications. The substitute also requires the planning
commission to take final action on the plat application within a certain
time period and authorizes an applicant to apply to a district court for an
injunction to compel the planning commission to take final action on the
plat application if the planning commission has failed to do so. Section
232.097 requires the planning commission to provide a notice specifying the
reasons for the disapproval of a plat application.
C.S.H.B. 52 adds SECTIONS 14-18. SECTION 14 authorizes an entity described
by Section 212.012(b) (Connection of Utilities), Local Government Code, to
serve or connect land with water, sewer, electricity, gas or other utility
service regardless of whether the entity is presented with or otherwise
holds a certificate applicable to the land issued under Section 212.0115
(Certification Regarding Compliance with Plat Requirements), if the
municipal authority responsible for approving plats issued a certificate
stating that the land is located in a county to which Subchapter B, Chapter
232, applies, rather than an "affected county," as that term is define by
Section 232.021. SECTION 15 makes conforming changes. SECTION 16 defines
"affected county." SECTIONS 17 and 18 make conforming changes.
C.S.H.B. 52 redesignates the emergency clause in SECTION 6 in the original
to SECTION 19.