HBA-NLM C.S.H.B. 775 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 775 By: Greenberg Land & Resource Management 4/20/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, much of the population growth in Texas is taking place in unincorporated areas where counties have no authority to regulate land use. Many of these areas do not have the appropriate infrastructure to allow for certain services, such as fire prevention, water, and wastewater facilities. Without the authority for the commissioners court to require platting and bonds for the completed installation of water and sewer facilities, there is concern that these properties may present certain health risks to the residents of these areas. C.S.H.B. 775 authorizes the commissioners court to adopt Subchapter C (Alternate Subdivision Platting Requirements in Certain Other Economically Distressed Counties) for the subdivision of land in the county, including the use of the model rules adopted under Section 16.343 (Minimum State Standards and Model Political Subdivision Rules), Water Code. 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 Chapter 232, Local Government Code, by adding Subchapter D, as follows: SUBCHAPTER D. OPTIONAL SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN COUNTIES Sec. 232.101. APPLICABILITY. Provides that this subchapter applies only in the unincorporated area located outside the extraterritorial jurisdiction of a municipality and in a county in which Subchapters B and C (Subdivision Platting Requirements in Economically Distressed Counties and Alternate Subdivision Platting Requirements in Certain Other Economically Distressed Counties) are not applicable and to a county with a population of 500,000 or more or to a county adjacent to a county in this state with a population of 500,000 or more. Sec. 232.102. ADOPTION BY COMMISSIONERS COURT. Authorizes the commissioners court by order to adopt Subchapter C for the subdivision of land in the county, including the use of the model rules adopted under Section 16.343, Water Code (Minimum State Standards and Model Political Subdivision Rules), except that: (1) venue for an action to recover a civil penalty is only in a district court in the county in which the defendant resides or in a district court in the county in which the violation occurs; (2) the attorney general does not have the power of enforcement in the county as provided by Section 232.080 (Enforcement); (3) the operation of the county under this subchapter does not affect the county's eligibility for financial assistance under Subchapter K, Chapter 17, Water Code (Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects); and (4) Subchapter J, Chapter 16, Water Code (Economically Distressed Areas), is not applicable to the county, except for the model rules adopted by Section 16.343, Water Code. SECTION 2. Emergency clause. Effective date: 90 days after adjournment. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 775 modifies the original in SECTION 1 (proposed Section 232.101, Local Government Code) by making the provisions of this subchapter applicable to the unincorporated area located outside the extraterritorial jurisdiction of a municipality and to a county, rather than only in a county, in which Subchapters B and C (Subdivision Platting Requirements in Economically Distressed Counties and Alternate Subdivision Platting Requirements in Certain Other Economically Distressed Counties) are not applicable and to a county with a population of 500,000 or more or to a county adjacent to a county in this state with a population of 500,000 or more.