HBA-KDB H.B. 2975 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2975
By: Dukes
Land & Resource Management
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a municipality with a population of 5,000 or more is
authorized to contract with a developer of a subdivision or land in the
municipality to construct public improvements.     However, a county is not
authorized to enter into such a contract.  House Bill 2975 authorizes urban
counties to make certain requirements in the development of infrastructure
for subdivisions and authorizes the commissioners court of a county to
enter into such a contract. 

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 2975 amends the Local Government Code to establish
infrastructure planning provisions in certain urban counties.  The bill
authorizes the commissioners court of a county by order, after notice in
the county, to require the dedication of land for use as a major
thoroughfare in accordance with a transportation plan adopted by the
metropolitan planning organization of the region, establish setback
limitations of a rightof-way on a street or road that functions as a major
thoroughfare, and to 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.  Such a 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 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, including increasing
the capacity of improvements to anticipate future development in the area. 

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 by a corporate surety for the construction of the public
improvements to ensure faithful performance of the work.   The bill
authorizes the county to inspect the developer's books and other records
related to the construction of public improvements. 

The bill applies only to a subdivision of land that is subject to
subdivision platting requirements for counties 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 that adjacent county. 


 EFFECTIVE DATE

September 1, 2001.