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


Senate Research CenterC.S.S.B. 1410
76R11223 PAM-FBy: Zaffirini
Border Affairs - Special
4/7/1999
Committee Report (Substituted)


DIGEST 

In economically distressed areas, a significant number of lots were sold in
existing colonias before HB 1001 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.  C.S.S.B. 1410 would authorize the commissioners courts in
economically distressed counties to grant delays and variances from certain
platting requirements. 

PURPOSE

As proposed, C.S.S.B. 1410 authorizes the commissioners courts in
economically distressed counties to grant delays and variances from certain
platting requirements. 

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 232.030(b), Local Government Code, to prohibit
the commissioners court, except as provided by certain sections including
Section 232.043, from granting a variance or adopting regulations that
waive any requirements of this subchapter. 

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

 Sec. 232.042.  New heading:  VARIANCES FROM REPLATTING REQUIREMENTS

SECTION 3.  Amends Chapter 232B, Local Government Code, by adding Section
232.043, as follows: 

Sec. 232.043.  VARIANCES FROM PLATTING REQUIREMENTS.  Authorizes the
commissioners court of a county to grant certain conditions, on the request
of a subdivider who created an unplatted subdivision or a resident
purchaser of a lot in the subdivision, regarding delay or variance from
compliance.  Provides that if the commissioners court makes a written
finding that the subdivider who created the unplatted subdivision no longer
owns the property in the subdivision,  the commissioners court may grant a
delay or variance under this section only if certain conditions exist
regarding the subdivision and its lots. Provides that if the commissioners
court makes a written finding that the subdivider who created the unplatted
subdivision owns property in the subdivision,  the commissioners court may
grant a provisional delay or variance only if the requirements of
Subsection (b) are satisfied.  Authorizes the commissioners court to issue
a final grant of the delay or variance only if, before the 91st day after
the date the commissioners court submits the record of its proceedings to
the attorney general, the commissioners court fulfills certain conditions.
Sets forth requirements for the commissioners court, if the commissioners
court grants a delay or variance.  Provides that the failure of the
attorney general to comment or object to a delay or variance does not
constitute a waiver of or consent to the validity of the delay or variance
granted.  Establishes that this section does not affect a civil suit filed
against, a criminal prosecution of, or the validity of a penalty imposed on
a subdivider for a violation of law, regardless of the date on which the
violation occurred.       
 
SECTION 4.  Emergency clause.
            Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 232.030(b), Local Government Code, to prohibit the
commissioners court, except as provided by certain sections including
Section 232.043, from granting a variance or adopting regulations that
waive any requirements of this subchapter. 

SECTION 3.

Amends Chapter 232B, Local Government Code, to establish conditions
regarding certain requests on delays or variances from platting
requirements.  

SECTION 4. 

 Effective date: upon passage, rather than September 1, 1999.