SRC-VRA S.B. 1014 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1014
78R2233 ATP-DBy: Wentworth
Intergovernmental Relations
3/19/2003
As Filed


DIGEST AND PURPOSE 

Many of the new subdivisions being built in Texas are constructed in the
unincorporated areas of counties, and county governments lack sufficient
authority to provide protection for the purchaser of lots or dwellings in
these subdivisions.   As proposed, S.B. 1014 gives commissioners courts
the authority to require a plat for land that is subdivided into two or
more lots, each of which is 5 acres or less, and intended for residential
use. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Environmental Quality in SECTION 4 (Section 232.0256, Local Government
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 232.022(a), Local Government Code, to provide
that this subchapter applies to a county that has elected by an order
adopted by the commissioners court to operate under this subchapter. 

SECTION 2.  Amends Chapter 232B, Local Government Code, by adding Section
232.0225, as follows: 
 
Sec. 232.0225.  MINIMUM STATE STANDARDS. (a)  Provides that to the extent
this subchapter refers to minimum state standards or refers to the
application of a provision of Chapter 16, Water Code, the references apply
to all counties regardless of any limitation established by Chapter 16,
Water Code, including the limitation established by Section 16.343(f),
Water Code. 
 
(b)  Provides that this section and the other provisions of this
subchapter do not authorize a county to participate in any financial
assistance program or any other program authorized by Chapter 15, 16, or
17, Water Code, unless the county qualifies under the Water Code. 

SECTION 3.  Amends Section 232.025, Local Government Code, to add new
requirements for subdivisions. 

SECTION 4.  Amends Chapter 232B, Local Government Code, by adding Sections
232.0255 and 232.0256, as follows: 
 
Sec. 232.0255.  STANDARD FOR ROADS IN SUBDIVISION. Provides that a county
may not impose under Section 232.025 a higher standard for streets or
roads in a subdivision than the county imposes on itself for the
construction of streets or roads with a similar type and amount of
traffic. 
 
Sec. 232.0256.  ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. (a)
Authorizes the commissioners court of a county by order, if a person
submits a plat for the subdivision of a tract of land for which the source
of the water supply intended for the subdivision is groundwater under that
land, to require the plat application to have attached to it a statement
that meets certain requirements. 
  
(b)  Requires the Texas Commission on Environmental Quality by rule to
establish the appropriate form and content of a certification to be
attached to a plat application under this section. 

SECTION 5.  Amends Section 232.038, Local Government Code, as follows:
 
Sec. 232.038.  New heading:  SUIT BY PRIVATE PERSON (a)  Provides that
this section applies only to certain individuals. 
  
  (b) Makes a conforming change.

SECTION 6.   Amends Section 13.002(26), Water Code, to redefine "affected
county." 

SECTION 7.   Amends Section 13.2501, Water Code, to make a conforming
change. 

SECTION 8.  Amends Section 26.001(26), Water Code, as added by Section 24,
Chapter 979, Acts of the 74th Legislature, Regular Session, 1995, to make
a conforming change. 

SECTION 9.  Makes application of this Act prospective to September 1, 2003.

SECTION 10.   Effective date: September 1, 2003.