SRC-JJJ S.B. 1410 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1410
By: Zaffirini
Border Affairs - Special
3/24/1999
As Filed


DIGEST 

In economically distressed areas, a significant number of lots were sold in
existing colonias before HB1001 became effective in September, 1995.  In
order to bring water and wastewater to these lots, the colonias must be
platted, which is nearly impossible with the level and kind of development
existing.  S.B. 1410 would allow county commissioners to grant variances to
platting requirements if a majority of the lots in the subdivision were
sold prior to September 1, 1995.  

PURPOSE

As proposed, S.B. 1410 establishes variances from platting requirements for
existing subdivisions in certain counties when water and/or wastewater
services have not been available previously. 

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 232B, Local Government Code, by adding Section
232.043, as follows: 

Sec. 232.043.  VARIANCES FROM PLATTING REQUIREMENTS FOR EXISTING
SUBDIVISIONS CONDITIONED ON WATER AND WASTEWATER AVAILABILITY. Authorizes
the commissioners court to grant a delay or variance for the subdivision
under this section from the requirements of certain sections.  Authorizes
the commissioners court to grant a delay or variance on an individual
lot-by-lot basis from the requirements for setbacks or restrictions on the
number of residences on a lot contained in the Model Subdivision Rules
developed under Section 16.343, Water Code.  Sets forth conditions under
this section by which the commissioners court may grant a variance.  Sets
forth requirements for the commissioners court, if the court grants a delay
or variance under this section. Provides that a variance may be granted, if
the commissioners court finds that the person who subdivided the land and
created the unplatted subdivision continues to own property in the
subdivision, providing certain conditions apply.  Provides that failure of
the office of the attorney general to comment or object to any variance
granted does not constitute any waiver of or agreement to the legality of
the variance.  Prohibits a person from selling more than four lots in the
subdivision before approved water and sewer are made available to the
subdivision.  Provides that this section does not abrogate any civil or
criminal prosecution or affect the validity of any penalty against a
subdivider for a violation of law, regardless of the date on which the
violation occurred. 

SECTION 2.  Amends the section heading to Section 232.042, Local Government
Code, as follows: 

 Sec. 232.042.  New heading: VARIANCES FROM REPLATTING REQUIREMENTS.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.