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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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BettencourtX |
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SpringerX |
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EckhardtX |
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GutierrezX |
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HallX |
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NicholsX |
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ParkerX |
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PaxtonX |
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WestX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to county regulation of subdivisions and approval of |
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subdivision plans or plats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) The owner of a tract of land located outside the limits |
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of a municipality must have a plat of the subdivision prepared if |
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the owner divides the tract into two or more parts to lay out: |
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(1) a subdivision of the tract, including an addition; |
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(2) lots; or |
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(3) streets, alleys, squares, parks, or other parts of |
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the tract intended by the owner of the tract to be dedicated to |
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public use or for the private use of purchasers or owners of lots |
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fronting on or adjacent to the streets, alleys, squares, parks, or |
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other parts to be maintained by the purchasers or owners of those |
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lots. |
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SECTION 2. Sections 232.0025(a) and (i), Local Government |
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Code, are amended to read as follows: |
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(a) The commissioners court of a county or a person |
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designated by the commissioners court shall issue a written list of |
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all [the] documentation and other information that must be |
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submitted with a plat application. The documentation or other |
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information must relate to a requirement authorized under this |
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section or other applicable law. An application submitted to the |
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commissioners court or the person designated by the commissioners |
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court that contains all [the] documents and other information on |
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the written list is considered complete. The commissioners court |
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shall post and continuously maintain the most current version of |
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the list on the county's Internet website. |
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(i) If the commissioners court or the court's designee fails |
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to approve, approve with conditions, or disapprove a plat |
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application as required by this subchapter: |
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(1) the commissioners court shall refund the greater |
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of the unexpended portion of any application fee or deposit or 50 |
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percent of an application fee or deposit that has been paid; |
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(2) the application is granted by operation of law; |
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[and] |
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(3) the applicant may apply to a district court in the |
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county where the tract of land is located for a writ of mandamus to |
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compel the commissioners court to issue documents recognizing the |
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plat application's approval; and |
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(4) the prevailing party in an action filed under |
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Subdivision (3) may recover reasonable attorney's fees and court |
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costs incurred in the action. |
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SECTION 3. Section 232.0033, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The commissioners court of a county or the court's |
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designee may not refuse to review a plat application or refuse to |
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approve a plat for recordation for failure to identify a corridor, |
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as defined by Section 201.619, Transportation Code, unless the |
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corridor is part of an agreement between the Texas Department of |
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Transportation and the county under that section. |
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SECTION 4. Sections 232.101(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) By an order adopted and entered in the minutes of the |
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commissioners court and after a notice is published in a newspaper |
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of general circulation in the county, the commissioners court may |
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adopt rules governing plats and subdivisions of land within the |
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unincorporated area of the county as authorized by this subchapter |
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[to promote the health, safety, morals, or general welfare of the |
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county and the safe, orderly, and healthful development of the |
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unincorporated area of the county]. |
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(b) A [Unless otherwise authorized by state law, a] |
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commissioners court shall not regulate, either directly or |
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indirectly [under this section]: |
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(1) the use of any building or property for business, |
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industrial, residential, or other purposes; |
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(2) the bulk, height, or number of buildings |
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constructed on a particular tract of land; |
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(3) the size of a building that can be constructed on a |
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particular tract of land, including without limitation and |
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restriction on the ratio of building floor space to the land square |
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footage; |
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(4) the minimum size of a lot, dimensions of a lot, |
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minimum width of a lot frontage, minimum distance a lot must be set |
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back from a road or property line, or another component of lot |
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density on a particular tract of land; |
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(5) the number of residential units that can be built |
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per acre of land; |
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(6) [(5)] a plat or subdivision in an adjoining |
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county; or |
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(7) [(6)] road access to a plat or subdivision in an |
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adjoining county. |
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SECTION 5. Sections 232.103 and 232.104, Local Government |
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Code, are repealed. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act but not later than January 1, 2024, each county shall |
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adopt and publish the list described by Section 232.0025, Local |
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Government Code, as amended by this Act. |
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SECTION 7. The changes in law made by this Act apply only to |
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a plat application submitted on or after the effective date of this |
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Act. A plat application submitted before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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submitted, and that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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* * * * * |