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County staff warn HB 23 could curtail local plat review; commissioners seek higher fee for LPPF and support alternative notice law
Summary
Deputy County Administrator Russell Schaufner told Collin County commissioners that HB 23 could limit counties' ability to disapprove plats by allowing third‑party reviewers to effectively approve them, and staff recommended seeking a short review window and pursuing a higher administrative fee for the Local Provider Participation Fund.
Deputy County Administrator Russell Schaufner told the Collin County Commissioners Court that bills under consideration at the state Legislature could significantly change how counties review plats and carry other implications for county operations.
Schaufner, reporting on a Conference of Urban Counties (CUC) briefing, described HB 23 (Rep. Gates; Sen. Creighton filed a Senate companion) as a measure that would permit third‑party engineering reviewers to approve plats in a way that limits or eliminates a county's ability to disapprove them. "If a third party reviewer approves the plat, we cannot disapprove a plat," Schaufner told the court. He said county staff and commissioners are seeking at least a five‑day window after a third‑party approval to allow counties to review the submission before the approval becomes final.
County staff expressed concerns about liability and public‑safety consequences if a third‑party reviewer that does not follow local standards approves a plat. Schaufner outlined scenarios in which a reviewer might approve improperly designed septic systems or fire lanes, leaving the county with limited recourse other than litigation to challenge the approval.
Schaufner also briefed the court on SB 1375, which would extend the Local Provider Participation Fund (LPPF) program that Collin County participates in. The LPPF draws additional Medicaid funding to local hospitals; Schaufner said the program brought in about $140,000,000 last year. Under current statute the maximum administrative fee the county may collect for running the program is $150,000; staff suggested the court ask state legislators, including Sen. Paxton, to consider increasing that cap to better cover county administrative costs. Schaufner offered to make initial outreach to legislative staff; commissioners indicated support for pursuing an increase.
On HB 1080 (Rep. Curry), Schaufner said the bill would create an alternative process to publish required county notices — for example, by posting notices on the state comptroller's website, the county's own website or social media — in place of, or in addition to, paid newspaper publication. Schaufner noted such a change could save the county tens of thousands of dollars annually and asked whether the court wanted a draft resolution supporting the bill; a commissioner asked staff to prepare a draft resolution for the court to consider.
Schaufner flagged additional bills CUC is watching: SB 76 (Sen. Bob Hall; would affect countywide polling locations), HB 1585 (Rep. Cecil Bell; concerns housing finance corporations acquiring land outside jurisdictions), HB 1445 (indigent defense cost implications), and HB 103 (reporting requirements to the comptroller). He said many of the proposals are at an early stage and that staff will continue to monitor them.
No formal court action on the bills was taken at the meeting; Schaufner said he would continue outreach with legislative offices and return with drafts or proposed resolutions where the court requested them.
