HBA-NLM S.B. 710 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 710 By: Wentworth Land & Resource Management 4/22/1999 Engrossed BACKGROUND AND PURPOSE In recent years, a large amount of new development has taken place outside of cities. While the majority of this development provided adequate roads, drainage, and access to water and sewer service, some of it has not. This problem became more significant with the court decision in Elgin Bank v. Travis County. Before this decision, county officials required plats for all new subdivisions, a power that had been upheld in previous district court decisions. The Elgin Bank decision has left some new rural and suburban development outside the jurisdiction of minimum regulation by counties. Sections 232.001 and 232.003 of the Local Government Code give counties the right to adopt a number of specific regulations for new subdivisions related to roads, drainage, and drinking water, and to require landowners who subdivide land outside of a city to prepare a plat and file it with the county. The commissioners court reviews a plat for compliance with county regulations and must approve it before it is filed. Since the Elgin Bank decision, subdivisions have been developed with lots that do not meet minimum requirements for installation of a permitted septic tank, though no sewer system is available. Lots have been sold that do not have adequate access to water, or proper drainage features and completed grading, and some lots flood with relatively normal rainfall. S.B. 710 grants counties the authority to require platting of new subdivisions, with certain exceptions. Further, it will strengthen county authority regarding subdivision drainage, water, and sewer services. It will also allow counties to avoid the expense of notifying nondeveloping landowners in a subdivision of lot combinations. 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 232.001(a), Local Government Code, to provide that the owner of a tract of land outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay a subdivision, including an addition, lots, streets, alleys, squares, parks or other parts of the tract intended for public use or use by owners of lots within the subdivision. Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 232.0015, Local Government Code, by adding Subsections (c)-(k), as follows: (c) Prohibits a county from requiring a subdivision plat to be prepared for a tract of land outside of a municipality, divided into two or more parts, if the owner does not lay out streets, alleys, squares, parks or other parts of the tract intended for public use or use by owners of lots within the subdivision, and the land is intended primarily for agricultural use, farm, ranch, wildlife management, or timber production. (d) Provides that if a tract under Subsection (c) ceases to be used primarily for agriculture, farm, ranch, wildlife management, or timber production, then platting requirements of this subchapter apply. (e) Prohibits a county from requiring a subdivision plat to be prepared for a tract of land outside of a municipality divided into four or fewer parts whose owner does not lay out parts of the tract as described by Section 232.001(a), if those parts are to be distributed to individuals related to the owner within the third degree of consanguinity or affinity. Provides that if the tract is distributed to individuals not related to the owner within the third degree of consanguinity or affinity, then platting requirements of this subchapter apply. (f) Prohibits a county from requiring a subdivision plat to be prepared for a tract of land outside of a municipality divided into two or more parts, if all the lots are more than 10 acres in size, and the owner does not lay out parts of the tract as described by Section 232.001(a). (g) Prohibits a county from requiring the owner of a tract of land outside the limits of a municipality divided into two or more parts that does not lay a part of the tract as provided by Section 232.001(a) to have a plat of the subdivision prepared if all the lots are to be sold to veterans through the Veterans' Land Board. (h) Provides that the provisions of this subchapter do not apply to a subdivision of any tract of land belonging to the state or any state agency, board, or commission or owned by the permanent school fund or any other dedicated funds of the state unless the subdivision lays out a part of the tract as provided by Section 232.001(a). (i) Prohibits the county from requiring the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared under specified conditions. (j) Prohibits a county from requiring the owner of a tract of land located outside the limits of a municipality who divides the tract into two parts to have a plat of the subdivision prepared if the owner does not lay out a part of the tract , and one new part is to be retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to the plat approval requirements of this chapter. (k) Prohibits a county from requiring the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if the owner does not does lay out a part of the tract as provided by Section 232.001(a), and all parts are transferred to persons who owned an undivided interest in the original tract and a plat is filed before any further development of any part of the tract. SECTION 3. Amends Subchapter A, Chapter 232, Local Government Code, by adding Section 232.0025, as follows: Sec. 232.0025. TIMELY APPROVAL OF PLATS. (a) Requires the commissioners court of a county, or someone designated by it, to issue a written list of the documentation and other information that must be submitted with a plat application. Requires such information to be related to a requirement authorized under law. (b) Requires that, if an application is submitted which does not contain all of the required documentation and information, the applicant must be notified by the commissioners court or the court's designee of the missing documentation or other information no later than the 10th day after receipt of the application, and allowed to submit the same in a timely manner. (c) Provides that the application is complete when all the documentation and other information required is submitted. (d) Requires that final action be taken by the commissioners court or the court's designee, including resolution of all appeals, not later than 60 days after the completed plat application is received. (e) Requires a complete list of reasons to be provided to the applicant if a plat application is disapproved. (f) Authorizes the extension of the 60-day period for final action on plat applications for a reasonable period at the request of the applicant, or for 60 days if the county is required to prepare a takings impact assessment. Provides that the 60-day period only applies to a decision wholly within the control of the commissioners court or its designee. (g) Requires the commissioners court or its designee to determine whether the 60 day extension for a takings impact assessment is necessary within 20 days after receiving the completed plat application. (h) Prohibits the commissioners court or its designee from compelling the applicant to waive the time limits contained in this section. (i) Requires that if the commissioners court or its designee fails to take final action within 60 days of the receipt by the commissioners court or the court's designee of a complete plat application, the greater of the unexpended portion or 50 percent of the application fee or deposit is refunded, the application is granted, and the applicant may apply to a district court to compel the commissioners court to issue documents recognizing the plat's approval. SECTION 4. Amends Section 232.003, Local Government Code, to include in a list of requirements that a commissioners court may put on the approval of subdivision applications the adoption of reasonable specifications for drainage to efficiently manage the flow of storm water runoff and coordinate general drainage patterns in the area. Makes nonsubstantive changes. SECTION 5. Amends Subchapter A, Chapter 232, Local Government Code, by adding Section 232.0031, as follows: Sec. 232.0031. STANDARD FOR ROADS IN SUBDIVISION. Prohibits a county from imposing a higher standard for streets or roads in a subdivision than the county imposes on itself for streets or roads with a similar type and amount of traffic. SECTION 6. Amends Section 232.004, Local Government Code, to make conforming and nonsubstative changes. SECTION 7. Amends Section 232.008, Local Government Code, by adding Subsection (h), to authorize the commissioners court to deny a cancellation under this section if the commissioners court determines the cancellation will prevent the proposed interconnection of infrastructure to pending or existing development. SECTION 8. Amends Section 232.009, Local Government Code, by amending Subsection (c) and adding Subsection (f), to exempt the commissioners court from the notification requirements contained in this section if the plat revision only combines existing tracts. Makes conforming and nonsubstantive changes. SECTION 9. Effective date: September 1, 1999. Makes application of Section 232.0025, as added by this Act, prospective, beginning October 1, 1999. SECTION 10. Emergency clause.