By:  Wentworth                                        S.B. No. 1175
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the regulation of land development by a political
 1-2     subdivision that affects certain property in certain road
 1-3     districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 3, Title 22, Revised Statutes, is amended
 1-6     by adding Article 726a to read as follows:
 1-7                Art. 726a.  LAND DEVELOPMENT IN ROAD DISTRICT
 1-8                        WITH OUTSTANDING INDEBTEDNESS
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Affected area" means the area of, or within 1,500
1-11     feet outside the boundaries of, an assessment road district.
1-12                 (2)  "Assessment road district" means a road district
1-13     that has refinanced outstanding bonded indebtedness under Section
1-14     2.018, Article 726, Revised Statutes.
1-15                 (3)  "Land development" means any action necessary or
1-16     customary in connection with the construction of improvements on
1-17     real property.
1-18                 (4)  "Regulation" means any ordinance, rule,
1-19     regulation, or application or interpretation of an ordinance, rule,
1-20     regulation, or application.
1-21           Sec. 2.  CHANGES IN REGULATION OF LAND DEVELOPMENT.  (a)  If
1-22     a political subdivision changes regulations regarding land
 2-1     development that apply to land in an affected area in a manner that
 2-2     reduces the amount of impervious cover, as defined in the
 2-3     regulations, or that reduces the total allowable floor area of a
 2-4     building on developed land, the political subdivision, before the
 2-5     change takes effect, shall:
 2-6                 (1)  pay the outstanding bonded indebtedness of the
 2-7     assessment road district; and 
 2-8                 (2)  pay all landowners within the assessment road
 2-9     district the amount of any assessments prepaid on any part of that
2-10     land for which no building permit has been issued or no improvement
2-11     has been constructed.
2-12           (b)  A political subdivision may not change or amend its
2-13     regulations regarding land development within an affected area in
2-14     any way that reduces the allowed amount of impervious cover, as
2-15     defined in the political subdivision's regulations, or reduce the
2-16     total allowable floor area of a building on developed land more
2-17     than five percent.
2-18           Sec. 3.  ANNEXATION OF PROPERTY TO AN ASSESSMENT ROAD
2-19     DISTRICT.  (a)  A person who owns land in an affected area may
2-20     request that the governing body of an assessment road district
2-21     annex any part of the owner's land that is within two miles of the
2-22     district's boundaries.
2-23           (b)  On request under Subsection (a) of this section, the
2-24     governing body of the district by resolution may annex the land.
2-25           (c)  After annexation of the land under this section, the
2-26     governing body of the district shall reapportion the remaining
 3-1     assessment on the owner's land on a per acre basis for all of the
 3-2     owner's land in the district.
 3-3           SECTION 2.  This Act takes affect September 1, 1999.