New Texas law could open door to ‘unscrupulous development’
Burnet County Development Services Director Herb Darling expresses his concern to the Commissioners Court about the implications of Texas House Bill 3697, due to take effect Sept. 1, 2023. According to Darling, the measure could make it easier for housing developers to cut corners and dupe buyers. Staff photo by Dakota Morrissiey
A new Texas law due to take effect on Sept. 1, 2023, has Burnet County officials worried about the future of land development in the area. The Burnet County Commissioners Court appointed a committee to review the potential impacts of House Bill 3697, which deregulates the creation of subdivisions and could lead to substandard infrastructure, according to the local lawmakers.
Commissioners formed the committee during their July 25 meeting following a presentation from Development Services Director Herb Darling. He and commissioners Damon Beierle and Jim Luther were named to the new committee.
HB 3697’s passage might mean headaches for Burnet County and homebuyers, Darling told commissioners.
“(The bill) takes away our ability to regulate certain types of development,” he explained. “Without that, you get substandard infrastructure. No groundwater availability studies, no idea what utilities are available, and no knowledge of impacts on neighbors through drainage.”
The bill was originally sponsored by state Rep. Terry Wilson (R-District 20) and state Sen. Paul Bettencourt (R-District 7). Gov. Greg Abbott signed it into law on June 13.
Specifically, HB 3697 removes language in Section 232.001(a) of the Texas Local Government Code that requires developers to submit a plat for their subdivisions if they are installing a road intended for use by future residents. Without that language, developers can create subdivisions and sell lots without a plat, Darling said. An unplatted subdivision is not required to show utility hookups, prove groundwater availability, or have responsibly designed roads.
Darling explained the potential problems that homebuyers could face in an unplatted subdivision:
- Without a groundwater availability study, buyers could purchase a lot and drill a well without knowing the viability of its production, potentially leading to waterless homesteads.
- Without knowledge of utility hookups, buyers could purchase a lot without knowing whether they will be able to obtain water or power nearby.
- Without responsible road work, a road could quickly fall into disrepair or incorrectly direct drainage, damaging nearby properties.
“The average person doesn’t understand what all of this means,” Darling told DailyTrib.com after the meeting. “We have a lot of uninformed buyers. (The committee) is going to try and look at every avenue out there and see what we have. We’re kind of grasping for straws as best we can to protect people out here.”
Burnet County has recent experience with the issue of unplatted subdivisions. County officials battled with a developer and real estate agent of a 19-lot subdivision for nearly two years before it finally came up to standards and was approved on June 27.
The real estate agent for Prairie Acres in northeastern Burnet County sold all of the lots prior to the county fully approving the subdivision, which left the new landowners in limbo for 18 months without the ability to obtain septic permits or 911 addresses. The agent said no plat was needed because the lots were over 10 acres each.
Burnet County officials pointed to an exception in Texas law that requires plats if a private road is included. Each of the 19 landowners had to sign the plat agreeing they would be responsible as a group for maintaining the road.
“(HB 3697 is) not something unusual for us,” Darling said. “Every legislative session we have certain bills that affect us, and then we put committees together to look at them. Is this a big deal? It is to us and it could be for the residents of Burnet County. It really could open the door for some unscrupulous development.”
3 thoughts on “New Texas law could open door to ‘unscrupulous development’”
Comments are closed.
Just another example of state government trying to enact sweeping changes without considering the ramifications beyond their accumulated political points. Drives me nuts. We need people who can actually think in terms of cascading consequences, and that level of critical thinking doesn’t seem to be possible for many in our current state leadership.
Thank you Herb Darling.
Community oversight makes far more sense than state oversight. I don’t wish either on anybody, but when land use, development, and property rights are at stake, we need to trust and verify that everybody is being a good neighbor and is being treated like a good neighbor.