HBA-KDB H.B. 1065 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1065
By: Uher
Land and Resource Management
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, developers who build residential subdivisions are
required to furnish roads that satisfy minimum county standards.  Adhering
to these construction standards may increase the cost associated with
developing a residential subdivision.  This may prevent such a developer
from being able to complete or even begin developing a subdivision.  House
Bill 1065 authorizes such a developer to construct streets or roads that do
not comply with county requirements if the restrictions applying to the
subdivision provide that the property owners, and not the developer, are
responsible for the cost necessary to bring the streets or roads into
compliance with county subdivision requirements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1065 amends the Local Government Code to authorize a developer
of a subdivision to construct streets or roads that do not comply with
county subdivision requirements if the restrictions applying to the
subdivision provide that the property owners, and not the developer, are
responsible for the cost necessary to bring the streets or roads into
compliance with county subdivisions requirements.  The bill provides that
the owners must achieve compliance with the requirements before the earlier
of the first anniversary of the date all lots are sold in the subdivision
or the fifth anniversary of the date the first lot is sold.  The bill
provides that if all lots are not sold before that fifth anniversary, all
purchasers of unsold lots who purchase a lot more than five years after the
first lot is sold must contribute proportionately to the cost necessary to
bring the streets or roads into compliance.  The bill provides that a
developer of a subdivision that constructs streets or roads must give
potential purchasers of the subdivided land a written notice of subdivision
restrictions before a sale of any of the land. 

EFFECTIVE DATE

September 1, 2001.