C.S.H.B. 919 78(R)    BILL ANALYSIS


C.S.H.B. 919
By: Eiland
Natural Resources
Committee Report (Substituted)



BACKGROUND 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, in order to carry out its functions and duties, a district needs
to be given the option to review and give its written approval for plats.
This procedure will ensure existing drainage channels, streams, or other
drainage features will be honored during the subdividing process.  This
will also give a district the ability to continue maintaining these
facilities after the land changes from one owner to many owners.
Additionally, future property owners will be notified through the title
policy process of any drainage systems on the property and the entity
maintaining the system. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 919 amends Chapter 49, Water Code, to permit a district to
require a developer to submit for district approval a drainage report for
the subdivision.  The report must include a map containing a description
of the land to be subdivided.  The map must provide an accurate
representation of any existing drainage features; any additional drainage
facilities or connection to existing drainage facilities proposed by the
developer; and any other part of the developer's plan that may affect
drainage. 

The district is required to review the report and approve it if it shows
compliance with: 
  (1) the requirements of this section 
  (2) the district's master drainage plan; and
  (3) meets rules under Subsections (c)(2) and (d).

C.S.H.B. 919 also requires the district to send notice of approval or
disapproval to the developer not later than 30 days after the report is
received.  The notice must be sent to the developer and each city or
county with responsibility for approving the plat of the proposed
subdivision. 

If the district disapproves the report, it is required to include a
written statement with the notice which provides: a written explanation
for the rejection and  recommendations for improvement of the plan that
would make it acceptable for approval. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE
 
C.S.H.B. 919 amends Section 49.211, Water Code instead of adding a new
Section 49.2115, Water Code, as proposed in the original.  The substitute
also makes conforming changes throughout to reflect this change. 

The substitute provides an additional stipulation that a report is not
required from every property developer who proposed to subdivide land
located in the district but only property developers who propose to
subdivide land located in the district and who are otherwise required to
obtain approval of the plat of the proposed subdivision from a
municipality or county. 

C.S.H.B. 919 also deletes a requirement that the required map contain the
name of each district responsible for drainage or flood control activities
for any part of the land to be subdivided.  The substitute also removes
the requirement under this subsection that the district prepare a report
identifying areas not in compliance but maintains the requirement from the
original that the district include similar information in the notice of
disapproval. 

C.S.H.B. 919 also adds an additional requirement that the district must
respond to the submission of the report in 30 days, but it deletes a
requirement concerning response by certified mail. 

Finally, C.S.H.B. 919 deletes all provisions in both the Water Code and
the Local Government Code that prohibited a city or county from approving
a plat of a proposed subdivision that would be subject to the requirements
of the bill until each district with territory in the proposed subdivision
approved the report.