HBA-KDB H.B. 2581 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2581 By: Shields Land & Resource Management 4/4/2001 Introduced BACKGROUND AND PURPOSE Street and drainage improvements in land development subdivisions are constructed by the developer of the tract to be subdivided. There is concern that some of these improvements are not constructed properly, may deteriorate noticeably within one year, and the owner may fail to make repairs. Counties have limited ability to force the necessary repairs to be made and have no mechanism to ensure the funding of the repairs. House Bill 2581 requires the owner of the tract to be subdivided to execute a one year maintenance bond to ensure proper construction and maintenance of streets and drainage improvements. 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 2581 amends the Local Government Code to authorize the commissioners court of a county to require that the owner of the tract to be subdivided execute a good and sufficient bond to ensure proper construction and maintenance of the streets, roads, and drainage improvements in the subdivision. The bill provides that such a maintenance bond must be in an amount to which the owner and the commissioners court agree is adequate to ensure proper maintenance of the streets, roads, and drainage improvements in the subdivision for a period of the later of either one year after the date the county approves the final construction of the streets, roads, and drainage improvements or the date the commissioners court includes the streets, roads, and drainage improvements in the county road system. EFFECTIVE DATE September 1, 2001.