SRC-PNG H.B. 3746 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3746
76R9857 DRH-FBy: Dukes (Barrientos)
Intergovernmental Relations
5/11/1999
Engrossed


DIGEST 

In 1985, Big Brothers Big Sisters of Central Texas, Inc. (BBBS) purchased
property at 1400 Tillery to house its business office.  The property is out
of McKinley Heights Subdivision and consists of 0.651 acres.  Because the
original subdivision contained covenants and restrictions that permitted
only residential use, a replat of a portion of the subdivision (the 0.651
acres) was necessary to allow BBBS to remodel the building, which
originally served as a church, and establish its business operations.  BBBS
applied for an amendment to the original plat in 1986, and a replat of a
portion of the subdivision was approved by the City of Austin (city); it
was replatted as the Griffith Subdivision on March 11, 1986.  In reliance
on the replat, BBBS remodeled the building and received a certificate of
occupancy from the city in 1988.  Subsequently, the city determined it
approved the replat erroneously and advised BBBS that the covenants and the
restrictions in the original plat remain applicable, and therefore, a
vacation of the original plat and a replat are required.  
Currently, a subdivision or a part of a subdivision can be replatted in two
ways.  The first is by vacating the underlying plat, which requires that
all the owners of lots in that plat apply for the vacation of the plat.
The other is by recording over the preceding plat without vacation if the
replat is signed and acknowledged by only the owner of the property being
replatted, approved by the municipal authority responsible for approving
plats after a public hearing on the matter, and does not attempt to amend
or remove existing covenants or restrictions.  Both of these processes may
be cumbersome and expensive for a nonprofit corporation like BBBS.  This
bill would allow a property owner to replat part of a subdivision without
vacation of the original plat, and without a public hearing, if the replat
is signed and acknowledged by the owner of the property being replatted,
and if it involves property that is used for business purposes by a
nonprofit corporation established to assist children in at-risk situations,
and permits the governing body of a municipality to delegate to one or more
persons the authority to approve the replat of part of a subdivision
administratively. 

PURPOSE

As proposed, H.B. 3746 authorizes certain nonprofit corporations to replat
a part of a subdivision without a public hearing and without vacation of
the original plat. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 212A, Local Government Code, by adding Section
212.0145, as follows: 

Sec.  212.0145.  REPLATTING WITHOUT VACATING PRECEDING PLAT; CERTAIN
SUBDIVISIONS.  (a) Authorizes a replat of a part of a subdivision to be
recorded and is controlling over the preceding plat without vacation of
that plat if the replat is signed and acknowledged by only the owners of
the property being replatted, and involves only property of less than one
acre that fronts an existing street, and that is owned and used by a
nonprofit corporation established to assist children in at-risk situations
through volunteer and individualized attention. 

 (b) Provides that an existing covenant or restriction does not have to be
amended or removed if it was recorded more than 50 years before the date of
the replat, and the replatted property has been continuously used by the
nonprofit corporation for at least 10 years before the date of the replat. 

(c) Provides that Sections 212.014 and 212.015 do not apply to a replat
under this section. 

SECTION 2. Amends Section 212.0065(a), Local Government Code, to authorize
the governing body of a municipality to delegate to certain persons the
ability to approve a replat under Section 212.0415 that does not require
the creation of a new street or the extension of municipal facilities. 

SECTION 3. Emergency clause.
  Effective date: upon passage.