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.