Texas House Bill HB2215

Texas 2015 - 84th Regular

Caption

Relating to notice and opportunity to cure before filing certain enforcement actions against subdividers of land in certain border and economically distressed counties.

Impact

The introduction of HB2215 signifies a shift towards a more lenient approach for subdividers regarding compliance issues. It aims to provide them with a fair chance to address alleged violations without the immediate threat of enforcement actions. This could encourage positive relations between local governments and land developers, allowing subdividers a better opportunity to rectify potential issues, thereby potentially promoting development activities within economically struggling areas.

Summary

House Bill 2215 proposes amendments to the Local Government Code to establish a required process of notice and opportunity to cure for subdividers of land facing civil enforcement actions in certain counties. Under this bill, subdividers must be notified in writing about the nature of the alleged violation and will be given a 90-day period to remedy the situation before any enforcement actions can be pursued. This initiative is primarily aimed at border and economically distressed counties, acknowledging the unique challenges they face.

Conclusion

In summary, HB2215 aims to balance the enforcement of land development regulations with the need to support subdivisions in economically vulnerable regions. While it seeks to mitigate undue pressures on developers, ongoing discussions will likely focus on ensuring that the protections offered by the bill do not inadvertently jeopardize community safety or welfare.

Contention

However, the bill also presents notable points of contention, particularly in relation to public health and safety concerns. Opponents may argue that extending the period before enforcement actions can be taken could lead to delays in addressing critical violations that may pose risks to consumers or the environment. Moreover, exceptions outlined in the bill—such as for incidents posing an imminent threat—might not adequately cover all urgent situations, leading to calls for more stringent regulations.