HBA-BTC H.B. 52 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 52
By: Cuellar
Land and Resource Management
2/9/1999
Introduced



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.  H.B. 52 expands the regulatory
powers of counties with a population of 100,000 citizens or more, by giving
them the authority to create a planning commission with certain functions
related to approving and denying subdivision plats, and other real estate
transactions.     

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 Section 232.002, Local Government Code, by adding
Subsection (c), to authorize the commissioners court of the county in which
the land is located to allow an established planning commission, if one has
been established, as provided by Subchapter D, to review, evaluate,
approve, or deny subdivision plats under this section.  Provides that the
planning commission is subject to the same provisions as the commissioner's
court under this subchapter. 

SECTION 2. Amends Section 232.005, Local Government Code, by authorizing a
planning commission established under Subchapter D to be included with the
commissioners court as an entity which can request that a suit be filed
against entities which act contrary to the decisions of the commissioner's
court or planning commission.  Provides that an offense, which is a Class B
misdemeanor, is committed if a person knowingly or intentionally violates a
requirement established or adopted by the commissioners court or planning
commission, but does not apply to a violation for which a criminal penalty
is prescribed by Section 232.0048.  Creates Subsection (c) from existing
text and redesignates previous Subsection (c) to Subsection (d).  Makes
conforming and nonsubstantive changes.   

SECTION 3. Amends Section 232.024, Local Government Code, by adding
Subsection (d), to make a conforming change.  

SECTION 4. Amends Section 232.073, Local Government Code, by creating
Subsection (a) from existing text and adding Subsection (b), to make a
conforming change. 

SECTION 5. 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 with a population of 100,000 or more 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,
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 they establish a planning commission. 

Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANING 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. 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.  Provides that the minutes are a public record.
Authorizes the planning commission to adopt necessary rules to administer
this subchapter. 

Sec. 232.095. CONFLICT OF INTEREST.  Requires that prior to a vote or
decision regarding approval of a plat, a member of the planning commission
with a substantial interest in a subdivided tract must file an affidavit
stating the nature and extent of such interest and abstain from further
participation in the matter.  Requires the affidavit to be filed with the
official minutes of the planning commission.  Defines "substantial
interest." 

SECTION 6.  Emergency clause.      
            Effective date:  90 days after adjournment.