BILL ANALYSIS

 

 

                                                                                                                                              S.B. 781

                                                                                                                                            By: Lucio

                                                                                                           Border & International Affairs

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

As part of Texas' effort to remediate the conditions associated with substandard housing (i.e. colonias) caused by unscrupulous developers, and to prevent the proliferation of such substandard dwellings, the legislature authorized county officials and the Office of the Attorney General (OAG) to seek assistance from the courts. Currently, county officials and the OAG may request that a court of law to enjoin the violation or threatened violation of Texas' colonia prevention laws. Unfortunately, counties with the highest concentration of colonias are among the poorest counties in the state and have not had the financial resources or manpower to seek such a court remedy. Additionally, the federal grant that the OAG initially used to fund the enforcement of the colonia prevention laws expired in 2001 and since then no additional resources have been provided by the state for the needed enforcement. As a consequence, unscrupulous developers have capitalized on the lack of enforcement by selling illegally plotted lots of land which are in direct violation of the state's colonia prevention statutes.

 

S.B. 781 provides victims of unscrupulous developers the same legal remedy currently afforded to county and state officials. This bill authorizes, at the request of the consumer, district courts to enjoin the violation or threatened violation of Texas' colonia prevention laws and requires the developer of the illegally plotted land to bring the lots into compliance with state law.

 

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

S.B. 781 amends the Local Government Code by authorizing certain persons to enjoin a violation or threatened violation of Section 232.032 of the Local Government Code, require the subdivider to plat or replat under Section 232.040 of the Local Government Code, and recover from the subdivider actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities, court costs, and reasonable attorney's fees.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.