78R2566 SGA-D

By:  Eiland                                                       H.B. No. 919



A BILL TO BE ENTITLED

AN ACT

relating to the review and approval of a subdivision of land by 
certain special districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 49, Water Code, is amended 
by adding Section 49.2115 to read as follows:
	Sec. 49.2115.  APPROVAL OF SUBDIVISION DRAINAGE REPORT BY 
DISTRICT WITH DRAINAGE OR FLOOD CONTROL AUTHORITY. (a) This section 
applies only to a district that has adopted rules under Section 
49.211(d).
	(b)  The district by rule may require that a property 
developer who proposes to subdivide land located in the district 
submit for  district approval a drainage report for the 
subdivision.  The drainage report must include a map containing a 
description of the land to be subdivided.  The map must show:
		(1)  an accurate representation of:                                    
			(A)  any existing drainage features, including 
drainage channels, streams, flood control improvements, and other 
facilities;
			(B)  any additional drainage facilities or 
connections to  existing drainage facilities proposed by the 
property  developer's plan for the subdivision; and
			(C)  any other parts of the property developer's 
plan for the subdivision that may affect drainage; and
		(2)  the name of each district responsible for drainage 
or flood control activities for any part of the land to be 
subdivided.
	(c)  The district shall review each drainage report 
submitted to the district under this section and shall approve a 
report if it shows compliance with:
		(1)  the requirements of this section;                                 
		(2)  the district's master drainage plan adopted under 
Section 49.211(c)(1); and
		(3)  the rules adopted by the district under Sections 
49.211(c)(2) and (d).
	(d)  The district shall send by certified mail, return 
receipt requested, notice of the district's approval or disapproval 
of the drainage report to:
		(1)  the property developer; and                                       
		(2)  each municipal or county authority with 
responsibility for approving the plat of the proposed subdivision.
	(e)  If the district disapproves a drainage report, the 
district shall include in the notice of disapproval a written 
statement:
		(1)  explaining the reasons for the rejection; and                     
		(2)  recommending changes, if possible, that would make 
a revised version of the drainage report acceptable for approval.
	(f)  A municipal or county authority with responsibility for 
approving plats may not approve a plat of a proposed subdivision 
that is subject to the requirements of this section until each 
district in whose territory the subdivision is located and that 
requires approval of a drainage report has approved the report.
	SECTION 2.  Section 212.010(b), Local Government Code, is 
amended to read as follows:
	(b)  However, the municipal authority responsible for 
approving plats may not approve a plat unless:
		(1)  the plat and other documents have been prepared as 
required by Section 212.0105, if applicable; and
		(2)  the requirements of Section 49.2115, Water Code, 
if applicable, have been satisfied.
	SECTION 3.  Section 232.002, Local Government Code, is 
amended by adding Subsection (b-1) to read as follows:
	(b-1)  The commissioners court may not approve a plat unless 
the requirements of Section 49.2115, Water Code, if applicable, 
have been satisfied.
	SECTION 4.  Section 232.024(a), Local Government Code, is 
amended to read as follows:
	(a)  A plat filed under Section 232.023 is not valid unless 
the commissioners court of the county in which the land is located 
approves the plat by an order entered in the minutes of the court.  
The commissioners court shall refuse to approve a plat if:
		(1)  it does not meet the requirements prescribed by or 
under this subchapter;
		(2) [or if]  any bond required under this subchapter is 
not filed with the county clerk; or
		(3)  the requirements of Section 49.2115, Water Code, 
if applicable, have not been satisfied.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.