SRC-SEW S.B. 1170 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1170
77R5551 MI-DBy: Madla
Intergovernmental Relations
3/18/2001
As Filed


DIGEST AND PURPOSE 

Currently, there are inconsistencies in the Local Government Code regarding
exemptions to the requirement of a subdivision plat for properties within
the extra-territorial jurisdiction (ETJ) of a municipality.  The county
statute, Section 232.0015, exempts subdivisions outside the limits of a
municipality where all of the lots of the subdivision are more than 10
acres in area.  Under the municipal statute, Section 212.004, the exemption
to subdivision platting within the jurisdiction of a municipality is a
division of land into parts greater than five acres.  Joint review of
subdivision plats by municipalities and counties occurs within the ETJ of a
municipality.  If a plat has lots that are all greater than five acres, but
less than ten acres, then the county would require a subdivision plat to be
prepared.  Since the county requires a plat to be prepared, then the city
may or may not require that plat to be reviewed and approved by city staff
to meet their specifications.  This has caused confusion for developers and
inconsistency in administering the platting requirements.  As proposed,
S.B. 1170 modifies Section 212.004, Local Government Code, to increase the
lot size exemption from five acres to ten acres for plats under the
jurisdiction of municipalities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 212.004(a), Local Government Code, to provide
that a division of land under this subsection does not include a division
of land into parts greater than 10 acres, rather than five, where each part
has access and no public improvement is being dedicated. 

SECTION 2.  Effective date: September 1, 2001.
  Makes application of this Act prospective.