SRC-EPT H.B. 2902 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2902
78R8582 ATP-DBy: Phillips (Estes)
Intergovernmental Relations
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Chapter 253, Transportation Code allows counties to make improvements to
roads within subdivisions and assess the costs to the property owners in
the subdivision if those property owners vote to pay for the improvements.
Section 253.001 clearly states that the chapter applies to part of a
subdivision as well.  However, Section 253.003, which actually allows a
county to propose to make the improvement and assess the costs to property
owners, does not specifically indicate that the section is, or is not,
applicable to property owners in part of the subdivision.  Since Section
253.003 does not repeat the language "part of a subdivision" found in
Section 253.001, counties feel that they can act only on a vote of the
entire subdivision.   

Sometimes only part of a subdivision road needs to be improved.  If a
majority of the property owners would not benefit from the improvement, it
would be unlikely that a vote would pass to assess the costs to all
property owners in the subdivision.  

H.B. 2902 allows property owners in part of a subdivision to have a road
improved by the county and the costs to be assessed only to those property
owners who are directly affected by the improvement, after an affirmative
vote of those property owners. 

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 253.003, Transportation Code, to authorize the
commissioners court to propose to assess all or part of the costs of the
improvement pro rata against the record owners of the real property of the
subdivision or a defined part of the subdivision. 

SECTION 2.  Amends Section 253.006, Transportation Code, to make a
conforming change. 

SECTION 3.  Amends Section 253.007(b), Transportation Code, to make a
conforming change. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.