By Krusee                                             H.B. No. 2659
         76R8878 CMR-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of land development by a political
 1-3     subdivision that affects certain property in certain road
 1-4     districts.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 3, Title 22, Revised Statutes, is amended
 1-7     by adding Article 726a to read as follows:
 1-8                Art. 726a.  LAND DEVELOPMENT IN ROAD DISTRICT
 1-9                       WITH OUTSTANDING INDEBTEDNESS 
1-10           Sec. 1.  DEFINITIONS. In this article:
1-11                 (1)  "Affected area" means the area of, or within 1,500
1-12     feet outside the boundaries of, an assessment road district.
1-13                 (2)  "Assessment road district" means a road district
1-14     that has refinanced outstanding bonded indebtedness under Section
1-15     2.018, Article 726, Revised Statutes.
1-16                 (3)  "Land development" means any action necessary or
1-17     customary in connection with the construction of improvements on
1-18     real property.
1-19                 (4)  "Regulation" means any ordinance, rule,
1-20     regulation, or application or interpretation of an ordinance, rule,
1-21     regulation, or application.
1-22           Sec. 2.  CHANGES IN REGULATION OF LAND DEVELOPMENT.  (a)  If
1-23     a political subdivision changes regulations regarding land
1-24     development that apply to land in an affected area in a manner that
 2-1     reduces the amount of impervious cover, as defined in the
 2-2     regulations, or that reduces the total allowable floor area of a
 2-3     building on developed land, the political subdivision, before the
 2-4     change takes effect, shall:
 2-5                 (1)  pay the outstanding bonded indebtedness of the
 2-6     assessment road district; and
 2-7                 (2)  pay all landowners within the assessment road
 2-8     district the amount of any assessments prepaid on any part of that
 2-9     land for which no building permit has been issued or no improvement
2-10     has been constructed.
2-11           (b)  A political subdivision may not change or amend its
2-12     regulations regarding land development within an affected area in
2-13     any way that reduces the allowed amount of impervious cover, as
2-14     defined in the political subdivision's regulations, or reduce the
2-15     total allowable floor area of a building on developed land more
2-16     than five percent.
2-17           Sec. 3.  ANNEXATION OF PROPERTY TO AN ASSESSMENT ROAD
2-18     DISTRICT.  (a)  A person who owns land in an affected area may
2-19     request that the governing body of an assessment road district
2-20     annex any part of the owner's land that is within two miles of the
2-21     district's boundaries.
2-22           (b)  On request under Subsection (a) of this section, the
2-23     governing body of the district by resolution may annex the land.
2-24           (c)  After annexation of the land under this section, the
2-25     governing body of the district shall reapportion the remaining
2-26     assessment on the owner's land on a per acre basis for all of the
2-27     owner's land in the district.
 3-1           SECTION 2.  This Act takes effect September 1, 1999.
 3-2           SECTION 3.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended.