HBA-KDB H.B. 2762 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2762 By: Brown, Betty Land & Resource Management 3/28/2001 Introduced BACKGROUND AND PURPOSE Currently, municipalities plan and provide the proper development of infrastructure for new subdivisions. A municipality has the authority to adopt subdivision regulations, enforce a major thoroughfare plan, establish right-of-way widths adequate for major thoroughfares, establish set-back limits, contract with a developer to install public infrastructure without bidding, and require new developments to get a certificate of plat compliance before hooking-up utility connections to new residences. However, urban counties do not have the authority for such infrastructure planning. House Bill 2762 authorizes certain urban counties to plan and provide infrastructure for subdivisions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2762 amends the Local Government Code to authorize the commissioners court of a county, after notice is published in a newspaper of general circulation in the county, by order to adopt rules governing plats and subdivisions of land in the unincorporated area of the county, require the dedication of land for use as a major thoroughfare, require the width of a right-of-way on a street or major thoroughfare to be a certain size, adopt reasonable standards for minimum lot frontages on county roads, establish building and set-back lines, impose impact fees, and impose utility connection requirements. The bill authorizes the commissioners court to enter into a contract with a developer of a subdivision or land in the unincorporated area of the county to construct public improvements, excluding a building, related to the development of the subdivision or land. The bill requires a developer to construct public improvements and requires the county to share the cost of the improvements as provided by the contract. The contract must establish the proportion of the cost the county is obligated to pay at not more than 30 percent of the total contract price. The bill provides that the contract may authorize the county to pay not more than 100 percent of the total cost for any oversizing of improvements required by the county. The county is obligated only for payments as provided by the contract. The bill requires the commissioners court by order to authorize payment under the contract as a fixed amount or as a factor or percentage of the total cost. The bill authorizes the commissioners court by order to require provisions in the contract to prevent the developer from imposing extra costs or to prevent collusion or fraud. The developer must execute a performance bond for the construction of the public improvements to ensure faithful performance of the work in accordance with the plans, specifications, and contract documents. The bond must be executed by a corporate surety in accordance with provisions relating to public work performance and payment bonds. The bill authorizes the county to inspect the developer's books and other records related to the construction of public improvements. This bill applies only to a subdivision of land that is subject to county regulations for general subdivision platting requirements and located in a county that has a population of 100,000 or more or is adjacent to a county that has a population of 100,000 or more and is within the same metropolitan statistical area, as designated by the United States Census Bureau, as that adjacent county. For new development which is platted in accordance with platting requirements in general or subdivision platting requirements in a county near an international border or the subdivision or platting procedures of any other political subdivision before the adoption of an impact fee, an impact fee is prohibited from being collected on any service unit for which a valid building permit is issued within one year after the date of adoption of the impact fee. EFFECTIVE DATE September 1, 2001.