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The committee substitute for this bill adds that "The county may not apply an order adopted under Section 232.045, Local Government Code, as added by this Act, to a subdivision that is the subject of a judicial proceeding pending on May 1, 2015, to determine whether the subdivision is subject to a valid and existing subdivision plat." It also changes the effective date from September 1, 2015 to January 1, 2016.
First chamber analysis:
SB 1575 would amend the Local Government Code to permit the commissioners court in El Paso county to implement a process to regulate lots in platted subdivisions that have remained undeveloped for 25 years or more. SB 1575 specifies that a regulation or standard adopted by El Paso county be no less stringent than certain other minimum standards and requirements.
SB 1575 would provide that an adopted regulation or standard would apply only to a lot of land that is owned by an individual, firm, corporation or other legal entity that offers lots for sale or lease and the ordinance or standard must expressly state the limitation.
This bill is substantively the same as when we reported on it in its original chamber. We continue to oppose this legislation. The second chamber sponsor is Rep. Mary Gonzalez.
First chamber recommendation:
SB 1575 seeks to allow El Paso county to regulate tens of thousands of acres of land that has been traditionally unregulated. While the details of the particular issue at hand may be complicated, we view this as a simple property rights issue. The private land owners do not wish to update the infrastructure on undeveloped land and the county does not and should not, have the authority to require them to do so. Due to the infringement on private property rights and the expansion of county government we are opposed to this legislation.