Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

SENATE BILL 710

SENATE AUTHOR: Wentworth et al.

EFFECTIVE: 9-1-99

HOUSE SPONSOR: B. Turner et al.

            Senate Bill 710 amends the Local Government Code to require a plat to be filed with the county commissioners court if an owner divides land outside the limits of a municipality for certain purposes. The act establishes certain exceptions to the platting requirement, requires the county commissioners court to issue a written list of materials to be submitted with a plat application, and creates a time frame for decisions on applications. If a decision is not reached within the time frame, the application is automatically granted, certain application fees must be refunded to the applicant, and the county commissioners court may be forced to issue documents recognizing the plat's approval.

            In addition, if a plat application is denied, a complete list of the reasons for denial must be given to the applicant. The time frame applies only to plat applications for land wholly within the county and the deadline may be extended at the request of the applicant or to allow for a takings impact assessment, if required.

            Senate Bill 710 also authorizes counties to adopt certain drainage and runoff specifications and to deny the cancellation of a subdivision under certain circumstances. The act requires that funding for drainage infrastructure be included in any bonds the county requires of landowners, and clarifies that a county is not required to give notice of a plat revision that only combines existing tracts of land.

            The act authorizes a commissioners court to impose a fee for certification regarding compliance with plat requirements for a subdivision that is located partially in and partially outside of the extraterritorial jurisdiction (ETJ) of a municipality. The fee may not exceed the fee charged by the municipality for a similar certificate for a subdivision located wholly within the municipality's ETJ. Finally, provisions regarding the time frame for approval of plat applications apply only to an application submitted on or after October 1, 1999.