H.B. No. 2275

AN ACT

relating to creating a task force to develop uniform standards for subdivisions in the unincorporated areas of counties near the international border and in economically distressed counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The legislature finds that the current law regarding the regulation of subdivisions in the unincorporated areas of counties near the international border and in economically distressed counties should be reviewed to ensure that statutory provisions are consistent and clearly achieve the goals of promoting uniform subdivision standards in those counties and enhancing the quality of living for the residents of those subdivisions.

SECTION 2. (a) The Task Force on Uniform County Subdivision Regulation is composed of 23 members as follows:

(1) six members who are county officials or employees responsible for regulating subdivisions under Subchapter B, Chapter 232, Local Government Code, appointed by the executive administrator of the Texas Water Development Board from each of the following counties:

(A) El Paso;

(B) Webb;

(C) Starr;

(D) Hidalgo;

(E) Cameron; and

(F) Nueces;

(2) six members who are members of organizations that represent the interests of colonia residents, appointed by the executive director of the Texas Department of Housing and Community Affairs;

(3) three members who are county officials or employees responsible for regulating subdivisions under Subchapter C, Chapter 232, Local Government Code, appointed by the executive administrator of the Texas Water Development Board;

(4) one member who is a representative of the Texas Water Development Board and is appointed by the executive administrator of the board;

(5) one member who has legal expertise in subdivision regulation appointed by the attorney general to represent the interests of the state;

(6) the secretary of state or a designee of the secretary of state who has expertise in matters affecting colonias;

(7) three members who are appointed by the president of the Texas Association of Builders to represent the interests of builders and land developers;

(8) one member who is a representative of the Texas Conference of Urban Counties appointed by the executive director of that organization; and

(9) one member who is a representative of the County Judges and Commissioners Association of Texas appointed by the president of that association.

(b) The members of the Task Force on Uniform County Subdivision Regulation shall elect a presiding officer, a secretary, and any other officers the members consider necessary.

(c) Appointments to the Task Force on Uniform County Subdivision Regulation shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees.

(d) A member of the task force who is a state or county employee is not entitled to additional compensation for serving on the task force, but is entitled to reimbursement for the member's actual and necessary expenses in attending meetings of the task force and performing other official duties authorized by the presiding officer if the reimbursement is otherwise available to the member as a state or county employee. A member of the task force may not be paid compensation or reimbursement for travel or other expenses from state funds unless the legislature makes a specific appropriation for that purpose.

(e) The Texas Water Development Board shall provide administrative support to the task force, including necessary staff and meeting facilities. The Texas Water Development Board may require the task force to conduct meetings at a location that is geographically convenient to a majority of the members of the task force or in various geographic regions of the state.

(f) The task force, through the Texas Water Development Board, may accept gifts and grants from individuals, private or public organizations, or federal or local funds to support the task force.

(g) Chapter 2110, Government Code, does not apply to the task force.

SECTION 3. The Task Force on Uniform County Subdivision Regulation shall:

(1) research and identify the conflicts and deficiencies in current law regarding the regulation of the development of subdivisions in the unincorporated areas of counties near the international border and in economically distressed counties; and

(2) develop recommendations and draft a proposal for legislation to create uniform standards for the regulation of the development of subdivisions in the unincorporated areas of counties near the international border and in economically distressed counties.

SECTION 4. Not later than December 1, 2010, the Task Force on Uniform County Subdivision Regulation shall submit its findings, recommendations, and proposal for legislation to the standing committees of the senate and house of representatives having primary jurisdiction over border regions or county affairs.

SECTION 5. The Task Force on Uniform County Subdivision Regulation is abolished and this Act expires on September 2, 2011.

SECTION 6. 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, 2009.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2275 was passed by the House on March 31, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not voting; that the House refused to concur in Senate amendments to H.B. No. 2275 on May 23, 2009, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2275 on May 31, 2009, by the following vote: Yeas 118, Nays 27, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 2275 was passed by the Senate, with amendments, on May 20, 2009, by the following vote: Yeas 29, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2275 on May 31, 2009, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor