SRC-PNG S.B. 711 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 711
By: Wentworth
Intergovernmental Relations
3/16/1999
As Filed


DIGEST 

Currently, counties have a one year warranty period on certain subdivision
improvements prior to acceptance by a county, but without any ability to
fund the repairs of the improvements if they fail within the first year.
This bill requires certain tract owners to execute a maintenance bond for
certain subdivision improvements in order to ensure funds for repairing the
improvements if the improvements fail within the first year. 

PURPOSE

As proposed, S.B. 711 requires certain tract owners to execute a
maintenance bond for certain subdivision improvements. 

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 Section 232.003, Local Government Code, to authorize the
commissioners court after certain conditions have been met to require the
owner of the subdivided tract to execute a bond to ensure proper
construction of the streets, roads, and drainage improvements in the
subdivision in the manner provided by Section 232.004, and to require the
owner of the tract to be subdivided to execute a bond to ensure proper
construction of the streets, roads, and drainage improvements in the
subdivision in the manner provided by Section 232.004.  Redesignates
Subsections (1) - (7) as Subsections (A)-(G). 

SECTION 2. Amends Section 232.004, Local Government Code, to require the
owner of the tract, unless an alternative financial guarantee is provided
under Section 232.0045, to execute a bond required under Section 232.003(1)
before subdividing the tract and execute a bond required under Section
232.003(2) when the county approves the final construction of the streets,
roads, and drainage improvements, deleting text which provided that the
commissioners court must require the bonds.  Requires a bond required under
Section 232.003 to be payable to certain parties and executed with sureties
and executed by authorized companies, deleting text requiring a certain
amount for the bond.  Requires a bond required under Section 232.003(1) to
be in a certain amount.  Requires a bond required under Section 232.003(2)
to be in a certain amount for a certain period.  Makes conforming and
nonsubstantive changes. 

SECTION 3. Makes application of this Act prospective to November 1, 1999.
Effective date: 90 days after adjournment.