SRC-JEC, SEW C.S.S.B. 873 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 873
By: Lindsay
Intergovernmental Relations
3/28/2001
Committee Report (Substituted)


DIGEST 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 counties the authority to: adopt subdivision
regulations, including lot size and setback limitations; 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

Rulemaking authority is expressly granted to the commissioners court in
SECTION 1 (Section 232.101, Local Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 232, Local Government Code, by adding Subchapter
E, as follows: 

SUBCHAPTER E.  INFRASTRUCTURE PLANNING PROVISIONS IN CERTAIN URBAN COUNTIES

Sec. 232.100.  APPLICABILITY.  Provides that this subchapter applies only
to the subdivision of land that meets certain requirements. 

Sec. 232.101.  RULES.  Authorizes the commissioners court, 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, to
adopt rules governing plats and subdivisions of land within the
unincorporated area of the county for certain stated purposes.  Sets forth
aspects of building in the unincorporated area that the commissioners court
is prohibited from regulating under this section except as otherwise
authorized by state law. 

Sec. 232.102.  MAJOR THOROUGHFARE PLAN.  Authorizes the commissioners
court, under certain conditions, to establish certain requirements
regarding major thoroughfares. 

Sec. 232.103.  LOT FRONTAGES.  Authorizes the commissioners court, under
certain conditions, to adopt standards for minimum lot frontages on county
roads, and establish reasonable standards for the lot frontages in relation
to curves in the road. 

Sec 232.104.  SET BACKS.  Authorizes the commissioners court, under certain
conditions, to establish building and set back lines as provided by Chapter
233 (Authority of Counties to Establish Building and Set-Back Lines)
without the limitation period provided by Section 233.004(c).   

Sec. 232.105.  DEVELOPER PARTICIPATION CONTRACTS.  (a) Authorizes a
commissioners court, without complying with the competitive sealed bidding
procedure of Chapter 262 (Purchasing and Contracting Authority of
Counties), to make a contract with a  developer of a subdivision or land in
the unincorporated area of the county for certain purposes. Provides that,
if the contract does not meet the requirements of this subchapter, Chapter
262 applies to the contract if the contract would otherwise be governed by
that chapter.  

(b) Requires the developer, under the contract, to construct the
improvements and requires the county to participate in the cost of the
improvements. 

(c) Requires the contract to establish the limit of participation by the
county at a level not to exceed 30 percent of the total contract price.
Authorizes the contract to allow participation by the county at a level not
to exceed 100 percent of the total cost for any oversizing of improvements
required by the county, including but not limited to increased capacity of
improvements to anticipate other future development in the area. Provides
that the county is liable only for the agreed payment of its share, which
is required to be determined in advance either as a lump sum or as a factor
or percentage of the total actual cost as determined by an order of the
commissioners court. 

(d) Requires the developer to execute a performance bond for the
construction of the improvements to ensure completion of the project.
Requires the bond to be executed by a corporate surety in accordance with
Chapter 2253, Government Code (Public Work Performance and Payment Bonds).

(e) Authorizes the county, in the order adopted by the commissioners court
under Subsection (c), to include additional safeguards against undue
loading of cost, collusion, or fraud. 

(f) Requires all of the developer's books and other records related to the
project to be available for inspection by the county. 

Sec. 232.106.  CONNECTION OF UTILITIES.  Authorizes the commissioners
court, under certain conditions, to impose the requirements of Section
232.029. 

Sec. 232.107.  PROVISIONS CUMULATIVE.  Provides that the authorities under
this subchapter are cumulative of and in addition to the authorities
granted under this chapter and all other laws to counties to regulate the
subdivision of land. 

SECTION 2.  Amends Section 242.001(a), Local Government Code, to provide
that this section applies only to a county operating under Chapter 232,
Subchapter A, B, C, or E, rather than Chapter 232, Sections 232.001-232.005
or Subchapter B or C. 

SECTION 3.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original as follows:

Adds Chapter 232E, rather than 232D.

Section 232.100 makes the subchapter apply only to the subdivision of land
that is subject to regulations under Subchapter A or B, rather than
regulations under Subchapter A only; and land that is in a county with a
population of 174,000 or more, rather than 100,000 or more. 

Section 232.101 sets forth restrictions regarding the regulatory authority
of the commissioners court. 

Section 232.102 adds a stipulation to the commissioners court's authority
to require a right-of-way on a certain street or road. 
 
Previously proposed Section 232.105, regarding impact fees, is omitted and
the subsequent Sections 232.106-232.108 are redesignated as
232.105-232.107. 

Previously proposed SECTIONS 2-4, amending Sections 395.001(7), 395.011(b),
and Section 395.016(c) and (d), Local Government Code, are omitted and the
proposed amendments in SECTION 2 are added. 

Previously proposed SECTION 5, the effective date, is renumbered as SECTION
3.