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.