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.