HBA-NIK C.S.H.B. 3746 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3746 By: Dukes Land & Resource Management 4/24/1999 Committee Report (Substituted) 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. 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. C.S.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 212.0415 that does not require the creation of any new street or the extension of municipal facilities. SECTION 3. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3746 adds a new SECTION 1, by adding Section 212.0145, Local Government Code, 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.S.H.B. 3746 removes the proposed amendment to Section 212.014, Local Government Code, in SECTION 1 of the original bill which authorized a replat of part a subdivision, notwithstanding certain provisions of Subsection (a) of this section and Section 212.015 (Additional Requirements for Certain Replats), to be recorded. Provides that such a replat is controlling over the preceding plat without a public hearing on the matter and without vacation of that plat if the replat adheres to specified provisions. Provides that any existing covenants or restrictions do not have to be amended or removed if they were recorded more than fifty years before the date of the replat and the replatted lots have been continuously used by the nonprofit corporation as a business office for a minimum of ten years. The original makes no mention of SECTION 2. C.S.H.B. 3746 redesignates SECTION 3 of the original to SECTION 2 of the substitute. The substitute modifies the proposed amendment to Section 212.0065(a), Local Government Code, of the original by removing the provision that the governing body of a municipality is authorized to delegate to certain persons the authority to replat part of a subdivision involving less than one acre, fronting on an existing street and not renewing new streets or the extension of municipal facilities, provided the property is owned and used as the business office by a nonprofit corporation established for the purpose of assisting children in at-risk situations by means of volunteer and individualized attention. The substitute authorizes 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 any new street or the extension of municipal facilities. C.S.H.B. 3746 removes SECTION 4 of the original, which makes the effective date of this Act June 1, 1999. C.S.H.B. 3746 redesignates SECTION 5 of the original (emergency clause), to SECTION 3 of the substitute. The substitute also provides that the effective date is upon passage.