BILL ANALYSIS
By: Murphy
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The Texas transportation system has not kept pace with the needs of a rapidly increasing population. Transportation problems are not limited to urban areas but extend to rural areas as well. Cities and some of the more densely populated counties have the authority to designate transportation corridors within their jurisdictions for future development, but over 80 percent of the counties do not have that authority.
Even in the areas in which plans for future corridors are authorized, notice of a future corridor and related construction may not reach people who, after the corridor is designated, decide to buy or build homes or businesses in those corridors. Later they are forced to relocate so that the planned transportation project may be built. Furthermore, when information about a transportation project becomes known, speculators sometimes purchase property within the construction zone before the state or county is able to fulfill the requirements necessary for it to do so, which results in an inflation of the price of the property. The tax payers then bear the increased cost for acquisition of the land for the project.
CSHB 1857 amends Subchapter H, Chapter 201 of the Transportation Code as well as Subchapter A, Chapter 232 of the Local Government Code.
RULEMAKING AUTHORITY
ANALYSIS
SECTION 1. Adds Section 201.619, Transportation Code, to define “corridor” and authorize the Texas Department of Transportation (department) and a county to identify future transportation corridors within the county based on existing transportation plans. The department is required to publish notice of the agreement.
SECTION 2. Adds Section 232.0033, Local Government Code, which applies to each county in the state and relates to county subdivision platting requirements for property in a future transportation corridor. If all or part of a subdivision is located within a future transportation corridor, the subdivision plat must state that fact before it may be recorded. Each purchase contract or lease between the subdivider and a purchaser or lessee of land in the subdivision must contain a statement that the land is within a future transportation corridor. The county commissioners court is authorized to refuse the plat if an environmental review of a transportation project located in the future transportation corridor has been completed.
SECTION 3. Contains a transition provision stating that the Act will apply prospectively.
SECTION 4. Provides that the Act takes effect September 1, 2007.
EFFECTIVE DATE
September 1, 2007
COMPARISON OF ORIGINAL TO SUBSTITUTE
The Committee Substitute (CS) amends different sections of the Transportation and Local Government Codes than the filed version of the bill. CSHB 1857 defines "corridor" for the purpose of this section of the Transportation Code. There was no definition of corridor in the filed version of the bill. The CS also states that the department may enter into an agreement that identifies future transportation corridors with in the county in accordance with this portion of the Code. The corridors identified in the agreement must be derived from existing transportation plans adopted by the department or commission, the county or a metropolitan planning organization. SECTION 2 of the CS clarifies that the commissioners court may refuse a plat for recordation if all or part of the subdivision is located with in the area of the alignment of a transportation project as shown in the environmental decision document. In the original filed version of this bill the commissioner's court could refuse a plat for recordation if the plat was located with in a future transportation corridor identified in an agreement under Section 201.620 of the Transportation code. The CS tightens this up and states that the county commissioner may deny the recordation of a plat if the plat is located within the area of alignment of a transportation corridor shown in the environmental decision document. At the point that an environmental decision document is issued, the proposed corridor is much further along in the environmental review process. With the decision document TxDOT, the county and the land owner to have a more clear idea of where the corridor will actually be constructed.