1-1 By: Oliveira (Senate Sponsor - Rosson) H.B. No. 496
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 1; May 25, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to platting requirements for certain municipalities.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 212.004(a), Local Government Code, is
1-25 amended to read as follows:
1-26 (a) The owner of a tract of land located within the limits
1-27 or in the extraterritorial jurisdiction of a municipality who
1-28 divides the tract in two or more parts to lay out a subdivision of
1-29 the tract, including an addition to a municipality, <or> to lay out
1-30 suburban, building, or other lots, or <and> to lay out streets,
1-31 alleys, squares, parks, or other parts of the tract intended to be
1-32 dedicated to public use or for the use of purchasers or owners of
1-33 lots fronting on or adjacent to the streets, alleys, squares,
1-34 parks, or other parts must have a plat of the subdivision prepared.
1-35 A division of a tract under this subsection includes a division
1-36 regardless of whether it is made by using a metes and bounds
1-37 description in a deed of conveyance or in a contract for a deed, by
1-38 using a contract of sale or other executory contract to convey, or
1-39 by using any other method. A division of land under this
1-40 subsection does not include a division of land into parts greater
1-41 than five acres, where each part has access and no public
1-42 improvement is being dedicated.
1-43 SECTION 2. Section 212.005, Local Government Code, is
1-44 amended to read as follows:
1-45 Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. The
1-46 municipal authority responsible for approving plats must approve a
1-47 plat or replat that is required to be prepared under this
1-48 subchapter and that satisfies all applicable regulations.
1-49 SECTION 3. Sections 212.015(b) and (c), Local Government
1-50 Code, are amended to read as follows:
1-51 (b) Notice of the hearing required under Section 212.014
1-52 shall be given before the 15th day before the date of the hearing
1-53 by:
1-54 (1) publication in an official newspaper or a
1-55 newspaper of general circulation in the county in which the
1-56 municipality is located; and
1-57 (2) by written notice, with a copy of Subsection (c)
1-58 attached, forwarded by the municipal authority responsible for
1-59 approving plats to the owners of lots that are <property> in the
1-60 original subdivision and that are within 200 feet of the lots to be
1-61 replatted, as indicated on the most recently approved municipal tax
1-62 roll or in the case of a subdivision within the extraterritorial
1-63 jurisdiction, the most recently approved county tax roll <within
1-64 200 feet> of the property upon which the replat is requested. The
1-65 written notice may be delivered by depositing the notice, properly
1-66 addressed with postage prepaid, in a post office or postal
1-67 depository within the boundaries of the municipality.
1-68 (c) If the proposed replat requires a variance and is
2-1 protested in accordance with this subsection, the proposed replat
2-2 must receive, in order to be approved, the affirmative vote of at
2-3 least three-fourths of the <all> members present of the municipal
2-4 planning commission or governing body, or both. For a legal
2-5 protest, written instruments signed by the owners of at least 20
2-6 percent of the area of the lots or land immediately adjoining the
2-7 area covered by the proposed replat and extending 200 feet from
2-8 that area, but within the original subdivision, must be filed with
2-9 the municipal planning commission or governing body, or both, prior
2-10 to the close of the public hearing.
2-11 SECTION 4. Section 212.041, Local Government Code, is
2-12 amended to read as follows:
2-13 Sec. 212.041. MUNICIPALITY COVERED BY SUBCHAPTER. This
2-14 subchapter applies only to a <an unzoned> municipality <with a
2-15 population of more than 1.5 million> whose governing body chooses
2-16 by ordinance to be covered by this subchapter or chose by ordinance
2-17 to be covered by the law codified by this subchapter.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
2-25 * * * * *
2-26 Austin,
2-27 Texas
2-28 May 25, 1993
2-29 Hon. Bob Bullock
2-30 President of the Senate
2-31 Sir:
2-32 We, your Committee on Intergovernmental Relations to which was
2-33 referred H.B. No. 496, have had the same under consideration, and I
2-34 am instructed to report it back to the Senate with the
2-35 recommendation that it do pass and be printed.
2-36 Armbrister,
2-37 Chairman
2-38 * * * * *
2-39 WITNESSES
2-40 FOR AGAINST ON
2-41 ___________________________________________________________________
2-42 Name: Brandy Wolf x
2-43 Representing: Houston Homeowners Assn
2-44 City: Houston
2-45 -------------------------------------------------------------------
2-46 Name: Marla Marshall x
2-47 Representing: Rep. Ashley Smith
2-48 City: Austin
2-49 -------------------------------------------------------------------
2-50 Name: Susan Horton x
2-51 Representing: Tx Municipal League
2-52 City: Austin
2-53 -------------------------------------------------------------------
2-54 Name: William D. Power x
2-55 Representing: County Judges & Commiss.
2-56 City: Marshall
2-57 -------------------------------------------------------------------
2-58 Name: Steve Hudson x
2-59 Representing: Texas Association of Builders
2-60 City: Austin
2-61 -------------------------------------------------------------------
2-62 FOR AGAINST ON
2-63 ___________________________________________________________________
2-64 Name: Jim Allison x
2-65 Representing: County Judges & Commissioners
2-66 City: Austin
2-67 -------------------------------------------------------------------