Honorable Eddie Lucio Jr., Chair, Senate Committee on International Relations & Trade
John S O'Brien, Director, Legislative Budget Board
HB1604 by Guillen (Relating to the regulation of subdivisions in counties, including certain border and economically distressed counties.), As Engrossed
The bill would amend the Local Government Code to remove the ability for a county to impose a higher standard for streets or roads in a subdivision than the county imposes on itself for the construction of new streets or roads.
The bill would include procedures and requirements regarding plats and earnest money contracts and would authorize the attorney general to adopt rules regarding notices.
The bill would amend the Water Code to require a municipality or a county to adopt the model rules pursuant to Section 16.343(g) before an application for funds may be considered by the Texas Water Development Board. Under current statute, a political subdivision is required to adopt the model rules pursuant to this section before receiving funds under the provisions.
The bill also would require a subdivider of land to be notified in writing about the nature of any violation and given 90 days from the notification date to cure the violation before enforcement action may proceed unless dwellings allegedly lack water or sewer services. The provisions would not apply to a civil enforcement action if the attorney general, district attorney, or county attorney asserts that an alleged violation or threatened violation poses a threat to a consumer or the health and safety of any person; or a delay in bringing an enforcement action would result in financial loss or increased costs to a person or a county.
The bill would repeal Section 232.021(9) of the Local Government Code.
JOB, KM, SD, TP, KKR