H.B. 2295 78(R) Page  of 1BILL ANALYSIS


H.B. 2295
By: Thompson
Urban Affairs
Committee Report (Unamended)


BACKGROUND AND PURPOSE

Chapter 212 of the Local Government Code is entitled Municipal Regulation
of Subdivisions and Property Development.  It contains the fundamental
statutes regarding the approval of subdivision plats, developer
participation contracts, moratoriums, and other miscellaneous provisions.
House Bill 2295 would address developer participation contracts for public
improvements, as authorized by subchapter C of chapter 212.  Under current
law, cities with a population of 5,000 or more contract with developers
for public improvements (excluding buildings) without a need to comply
with bidding procedures. Participation by the city in these contracts may
not exceed 30 percent of the total price. The developer is responsible for
construction.  H.B. 2295 would increase the permissible level of municipal
participation to 70 percent. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 212.072(b), Local Government Code, to increase
the level of allowable municipal participation in a developer contract for
public improvements from 30 percent to 70 percent of the total contract
price. 

SECTION 2.  Effective date.

EFFECTIVE DATE

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