C.S.S.B. 1631 78(R)    BILL ANALYSIS


C.S.S.B. 1631
By: Wentworth
Land & Resource Management
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, Texas counties are given little authority over development in
their unincorporated areas. S.B. 1631 gives the commissioners court in
each Texas county, after approval by the voters in the county, the
authority to adopt court orders to regulate development in unincorporated
areas of the county and impose impact fees. 

C.S.S.B. 1631 authorizes the commissioners court in limited Texas
counties, after approval by the voters in the county, the authority to
adopt and enforce certain land use regulations. 


RULEMAKING AUTHORITY

It is the opinion of the author bill does not expressly grant any
additional rulemaking authority to a state officer, institution, or
agency. 

ANALYSIS

SECTION 1.  Amends Chapter 232, Local Government Code, by adding a new
bracket of counties authorized to regulate the subdivision of land under
this subchapter (counties adjacent to a county with a population of
700,000 or more that are not within the same metropolitan statistical area
as the adjacent county and that when comparing any two consecutive
decennial censuses occurring in or after 1990 has a population increase of
more than 40 %). 

Authorizes applicable counties to adopt rules under the relevant
subchapter after an election granting such authority. 
    
SECTION 2.Amends Subchapter E, Local Government Code, by adding a new
Section, 232.1005, as follows: 
  
Authorizes applicable commissioners courts to hold an election on the
question of granting the county authority to adopt regulations. Provides
for the election. 

SECTION 3.  Effective date.

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.S.B. 1631 limits the regulations that a county may adopt and enforce
to those found in Subchapter E, Chapter 232, Local Government Code. S.B.
1631 authorized broader powers to commissioners courts. 

C.S.S.B. 1631 limits the scope of the bill by bracketing those counties
authorized to adopt and enforce regulations.