HBA-AMW C.S.S.B. 873 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 873
By: Lindsay
Land & Resource Management
4/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law allows cities to make certain requirements in the development
of infrastructure for subdivisions. No such provision exists for counties.
C.S.S.B. 873 grants specified counties the authority to adopt subdivision
regulations, enforce a major thoroughfare plan and establish right of way,
require possession of a plat compliance certificate before utility hookups,
and enact other regulations relevant to responsible development.  

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

C.S.S.B. 873 amends the Local Government Code to set forth provisions
regarding infrastructure planning provisions in counties that: 
 
 _have a population of 150,000 or more and are adjacent to an international
border; 
 _a population of 700,000 or more; or 
 _are adjacent to a county with a population of 700,000 or more and are
within the same metropolitan statistical area as that adjacent county.   

By an order adopted and entered in the minutes of the commissioners court
and after a notice is published in a newspaper of general circulation in
the county, the bill authorizes a commissioners court to adopt rules
governing plats and subdivisions of land within the unincorporated area of
the county to promote the health, safety, morals, or general welfare of the
county and the safe, orderly, and healthful development of the
unincorporated area of the county. 

The bill sets forth provisions regarding  buildings and residential units a
commissioners court, unless otherwise authorized by state law, is
prohibited from regulating.  The bill also sets forth provisions regarding
major thoroughfare plans, developer participation contracts, lot frontages,
set-backs, and the connection of utilities.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 873 modifies the original bill to increase from 200,000 to 700,000
the population of counties to which the infrastructure planning provisions
apply.  The substitute adds counties with a population of 150,000 or more
that are adjacent to an international border to the types of counties to
which the infrastructure planning provisions apply.