SRC-TJG H.B. 919 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 919
78R8831 SGA-DBy: Eiland (Armbrister)
Natural Resources
5/10/2003
Engrossed


DIGEST AND PURPOSE 

Chapter 49.211, Water Code, pertains to a district that has the authority
and jurisdiction over drainage responsibilities to carry out its
functions, powers, rights, and duties that will permit accomplishment of
the purposes for which it was created.  It requires a district to adopt a
master drainage plan before it can adopt rules relating to the review and
approval of proposed drainage plans submitted by property developers.
However, such districts currently lack the authority to review and give
written approval for plats, which would ensure that existing drainage
channels, streams, or other drainage features are honored during the
subdividing process.  H.B. 919 provides for the review and approval of
drainage reports submitted to certain special districts as part of a
proposed subdivision. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to certain special districts in
SECTION 1 (Section 49.211, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.211, Water Code, by amending Subsection (d)
and adding Subsections (e), (f), and (g), as follows: 

(d) Authorizes a district, by rule, to require that a property developer
who proposes to subdivide land located in the district, and who is
otherwise required to obtain approval of the plat of the proposed
subdivision from a municipality or county, submit for district approval a
drainage report for the subdivision.  Requires the drainage report to
include a map containing a description of the land to be subdivided.
Requires the map to show an accurate representation of certain drainage
features, drainage facilities, and any other parts of the property
developer's plan for the subdivision that may affect drainage.  Deletes
existing text relating to actions taken if the district fails to approve
the proposed plan. 

(e) Requires the district to review each drainage report submitted to the
district under this section and to approve a report if it shows compliance
with certain requirements. 

(f) Requires the district, on or before the 30th day after the date a
drainage report is received, to send notice of the district's approval or
disapproval of the drainage report to the property developer and each
municipal or county authority with responsibility for approving the plat
of the proposed subdivision.  

(g) Requires the district, if the district disapproves a drainage report,
to include in the notice of disapproval a written statement explaining the
reasons for the rejection and recommending changes, if possible, that
would make a revised version of the drainage report acceptable for
approval. 

SECTION 2.  Effective date: upon passage or September 1, 2003.