House Bill 2044
Relating to the powers and duties of the General Land Office and the accounting and disposition of state-owned property.
Author: McReynolds Sponsor: Staples
Amends numerous sections within Chapter 31, Natural Resources Code
This bill creates a mechanism for the Land Commissioner to recommend to the Governor the use of underused state property for affordable housing purposes when the best use of that property would be for residential purposes. The bill then expands the authority of the Governor to approve such use, in lieu of specific authorization by the Legislature as required under prior law, and the transfer to an entity (as opposed to a political subdivision as was required under prior law) for development for affordable housing purposes. The bill also makes comprehensive changes to the procedures and manner in which the General Land Office can conduct authorized real estate transactions, including permitting the use of a broker if determined to be in the best interests of the state.
Effective Date: June 20, 2003
House Bill 1197
Relating to authorization for a development agreement between a municipality and an owner of land in the municipality's extraterritorial jurisdiction.
Author: Krusee
Adds Subchapter G, Local Government Code
Prior to adoption of House Bill 1197, individuals and municipalities could not enter into agreements that governed the development of land within the extraterritorial jurisdiction of the municipality. H.B. 1197 allows a written contract between an individual owner of land in the extraterritorial jurisdiction of a municipality and that municipality (with a population of at least 1.9 million - i.e., Houston) to specify certain tasks to be conducted by the municipality, such as: extend planning authority, authorize land use and development regulations, and construction of roads, drainage, and sewer systems. The contract between the landowner and the municipality may also guarantee the continuation of ETJ status and its immunity from annexation for a period of up to 15 years. These agreements may be renewed or extended for periods of up to 15 years, with a total duration not to exceed 45 years. Also, House Bill 1197 validates existing agreements in accord with the provisions of this bill. Finally, a municipality may not require such an agreement as a condition for providing water, sewer, electricity, and other similar utilities.
Effective Date: June 20, 2003
House Bill 1204
Relating to the authority of municipalities and counties to regulate subdivision in a municipality's ETJ.
Author: Baxter Sponsor: Wentworth
Amends Sections 242.001 and adds 231.100, and adds Sections 242.0015, 212.0025, 232.0013 and 232.0095, Local Government Code
In response to complex and often conflicting county and municipal subdivision and platting requirements, the 77th Legislature passed legislation that had the practical effect of consolidating municipal and county subdivision and platting requirements within the municipality's extraterritorial jurisdiction. However, it became apparent that less populous areas experience less development than urban areas, and so the problems associated with dual regulation are not as evident. Now excepted from the requirement of consolidation are those counties that are considered economically distressed under Section 232.071, Local Government Code, counties within fifty (50) miles of a border, and certain urban counties under Section 232.100, as amended by House Bill 1204. In those areas, municipal and county approval is required; when the requirements between the county and the municipality are in conflict, the more stringent regulation controls.
Areas that are required to consolidate or apportion control over the zoning and platting process must enter into an agreement setting forth the requirements that any subdivisions or plats within the extraterritorial jurisdiction must meet. If the concerned county and municipality cannot reach an agreement, House Bill 1204 provides that such entities must enter into arbitration. If an agreement reached under this Act establishes a plan for roads that conflicts with a plan set by a metropolitan planning organization (MPO), the plan of the MPO prevails.
Effective Date: June 20, 2003
House Bill 2334
Relating to the rights of residents of an area annexed for limited purposes to vote in certain municipal elections.
Author: Turner
Amends Section 43.140(a), Local Government Code
Prior to adoption of this amendment, residents of land annexed by a municipality for a limited purpose were only allowed to vote for members of the governing body of the municipality, such as the mayor or city council. This amendment extends the voting privileges of voters within a limited purpose annexation area to vote in an election of the office of the controller, if the controller is an elective position of the municipality.
Effective Date: September 1, 2003
House Bill 3591
Relating to authorizing the strip annexation of certain property by certain municipalities.
Author: Pitts
Adds Section 43.054, Local Government Code
Current law prohibits municipalities from annexing a strip of land that is less than 1,000 feet in width. House Bill 3591 allows a municipality with more than 21,000 people located in a county with more than 100,000 people to annex a strip of land following along a road or highway for the purpose of annexing territory contiguous to the strip if the land contiguous to the strip was formerly used in connection with the superconducting super collider high-energy research facility (i.e., Waxahachie, Texas).
Effective Date: June 20, 2003
House Bill 730
Texas Residential Construction Commission; Residential Construction Liability Act Amendments.
Author: Ritter
Amends various sections of Chapter 27 and adds Title 16, Property Code
This Act creates the Texas Residential Construction Commission. The 9 member Commission will have six primary responsibilities: (1) register homebuilders, in order to keep track of and discipline builders, (2) oversee a state-sponsored home defect inspection process, (3) prepare and adopt building performance standards, (4) oversee three task force groups - on mold, arbitration, and rain harvesting; (5) provide a voluntary certification program for arbitrators and (6) provide for the filing of arbitration awards. The Commission's members, appointed by the Governor, will be 4 homebuilders, 3 public members, 1 engineer and 1 architect or residential inspector.
After, Buecher, it is now unclear in determining which written warranty language will be sufficient to disclaim the implied warranty of good and workmanlike construction. The Act provides for the Commission to prepare and adopt new building performance standards, to enable builders to define their warranty obligations. The standards are focused more on performance of the home after closing rather than how the home is constructed. The Act replaces any implied warranty of good and workmanlike construction with a limited statutory warranty and any implied warranty of habitability with a statutory warranty of habitability. The Commission by rule shall adopt limited statutory warranties and building and performance standards for residential construction that contain a warranty period of one year for workmanship and materials; two years for plumbing, electrical, heating, and air-conditioning delivery systems; and 10 years for major structural components of the home. The construction of each new home or home improvement shall include the warranty of habitability. For a construction defect to be actionable as a breach of the warranty of habitability, the defect must have a direct adverse effect on the habitable areas of the home and must not have been discoverable by a reasonable prudent inspection or examination of the home or home improvement within the applicable warranty periods.
The Commission and the new building performance standards provide a new method of resolving construction disputes. Either the homeowner or builder may file a claim with the Commission and any pending lawsuit is abated. The Commission will assign a state approved inspector to inspect the alleged defect and determine whether the construction complies with the Commission's building performance standards. The builder can then make its Residential Construction Liability Act ("RCLA") offer. If the homeowner refuses the offer and elects to sue or proceed with the abated lawsuit, the homeowner will have the burden of overcoming the inspector's determination.
The Commission will be funded from house registration fees (estimated to be approx. $30) paid after the closing of each home constructed, builder registration fees ($500 initially, and not more than $300 on a renewal basis), and from inspection fees.
All builders will be registered with the Commission, and be subject to its disciplinary authority - revocation of registration for certain limited causes, such as fraud, misappropriation of trust funds, discrimination, false advertising, failure to pay a judgment, failure to register a home and failure to reimburse a homeowner for inspection costs if ordered by the Commission.
Residential construction arbitrators may voluntarily choose to be certified by the Commission and certain arbitration awards must be filed with the Commission. Arbitration awards can be vacated if it is shown that a manifest disregard of Texas law has occurred.
The Act also amends the RCLA. Current law has been held to require that the builder has the burden of proving that the homeowner unreasonably rejected the builder's offer. The Act's amendments provide that the builder is only required to show that the builder made a reasonable offer, not that the homeowner unreasonably rejected the offer. Amendments also provide a mechanism for agreement between builder and homeowner for the terms by which a builder may voluntarily decide to buy back a home. The dollar cap on the amount of damages that may be assessed against a builder has been eliminated.
Effective Date: September 1, 2003 for the RCLA amendments and the Act in general, but the Commission members need not be appointed until December 1, 2003, and thereafter are required to adopt the limited statutory warranties; March 1, 2004 for the registration provisions and the certification of arbitrators.
House Bill 1487
Texas Electrical Safety and Licensing Act.
Author: Driver
Adds Chapter 1305, Occupations Code
Currently, electricians are licensed only locally. H.B. 1487 requires electricians to obtain a state license from the Texas Commission on Licensing and Regulation; however, municipalities are not prohibited from continuing their licensing practices. Electrical work must be performed by licensed electricians. The licensing scheme includes a master, journeyman, and apprentice levels with corresponding experience requirements. Special classifications are carved out for sign electricians. The National Electrical Code (NEC) as published by the National Fire Protection association is the state electrical code as adopted by the commission.
Effective Date: September 1, 2003, except that the provisions requiring the electrician to have a license do not become effective until September 1, 2004, along with the requirements to display such a license and the criminal penalties for violation of the Act.