HBA-NMO, NIK H.B. 3746 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3746
By: Dukes
Land & Resource Management
9/30/1999
Enrolled


BACKGROUND AND PURPOSE 

Big Brothers Big Sisters of Central Texas, Inc. (BBBS) purchased the
property at 1400 Tillery in approximately 1985 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 upon 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. 

Prior to the 76th Legislature, a subdivision or a part of a subdivision
could be replatted in two ways. The first was by vacating the underlying
plat, which required all the owners of lots in that plat to apply for the
vacation of the plat.  The other was by recording over the preceding plat
without vacation if the replat was 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
did not attempt to amend or remove existing covenants or restrictions.
Both of these processes were potentially cumbersome and expensive for a
nonprofit corporation like BBBS.  

H.B. 3746 allows 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 only 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.  This bill would also permit 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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 212, 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 (Replatting Without Vacating Preceding
Plat)  and 212.015 (Additional Requirements for Certain Replats) 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 212.0145 that does not require
the creation of any new street or the extension of municipal facilities. 

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