By:  Hilderbran                                       H.B. No. 1837
       73R4444 RWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to county regulation of subdivisions.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 232.001(a) and (b), Local Government
    1-5  Code, are amended to read as follows:
    1-6        (a)  The owner of a tract of land located outside the limits
    1-7  of a municipality who divides the tract into two or more parts to
    1-8  lay out a subdivision of the tract, including an addition, <or> to
    1-9  lay out suburban lots or building lots, or <and> to lay out
   1-10  streets, alleys, squares, parks, or other parts of the tract
   1-11  intended to be dedicated to public use or for the use of purchasers
   1-12  or owners of lots fronting on or adjacent to the streets, alleys,
   1-13  squares, parks, or other parts must have a plat of the subdivision
   1-14  prepared.  A division of a tract under this subsection includes a
   1-15  division regardless of whether it is made by using a metes and
   1-16  bounds description in a deed of conveyance or in a contract for a
   1-17  deed, by using a contract of sale or other executory contract to
   1-18  convey, or by using any other method.
   1-19        (b)  To be recorded, the plat must:
   1-20              (1)  describe the subdivision by metes and bounds;
   1-21              (2)  locate the subdivision with respect to an original
   1-22  corner of the original survey of which it is a part; <and>
   1-23              (3)  state the dimensions of the subdivision and of
   1-24  each lot; and
    2-1              (4)  if applicable, state the dimensions of each<,>
    2-2  street, alley, square, park, or other part of the tract intended to
    2-3  be dedicated to public use or for the use of purchasers or owners
    2-4  of lots fronting on or adjacent to the street, alley, square, park,
    2-5  or other part.
    2-6        SECTION 2.  Section 232.008(b), Local Government Code, is
    2-7  amended to read as follows:
    2-8        (b)  A person owning real property in this state that has
    2-9  been subdivided into lots and blocks or into small subdivisions may
   2-10  apply to the commissioners court of the county in which the
   2-11  property is located for permission to cancel all or part of the
   2-12  subdivision, including a dedicated easement or roadway, to
   2-13  reestablish the property as acreage tracts as it existed before the
   2-14  subdivision.  If, on the application, it is shown that the
   2-15  cancellation of all or part of the subdivision does not interfere
   2-16  with the established rights of any purchaser who owns any part of
   2-17  the subdivision, or it is shown that the purchaser agrees to the
   2-18  cancellation, the commissioners court by order may <shall>
   2-19  authorize the owner of the subdivision to file an instrument
   2-20  canceling the subdivision in whole or in part.  The instrument must
   2-21  describe the subdivision or the part of it that is canceled.  The
   2-22  court shall enter the order in its minutes.  After the cancellation
   2-23  instrument is filed and recorded in the deed records of the county,
   2-24  the county tax assessor-collector shall assess the property as if
   2-25  it had never been subdivided.
   2-26        SECTION 3.  Section 232.009, Local Government Code, is
   2-27  amended to read as follows:
    3-1        Sec. 232.009.  Revision of Plat.  (a)  <This section applies
    3-2  only to real property located outside municipalities and the
    3-3  extraterritorial jurisdiction of municipalities with a population
    3-4  of 1.5 million or more, as determined under Chapter 42.>
    3-5        <(b)>  A person who has subdivided land that is subject to
    3-6  the subdivision controls of the county in which the land is located
    3-7  may apply in writing to the commissioners court of the county for
    3-8  permission to revise the subdivision plat filed for record with the
    3-9  county clerk.
   3-10        (b) <(c)>  After the application is filed with the
   3-11  commissioners court, the court shall publish a notice of the
   3-12  application in a newspaper of general circulation in the county.
   3-13  The notice must include a statement of the time and place at which
   3-14  the court will meet to consider the application and to hear
   3-15  protests to the revision of the plat.  The notice must be published
   3-16  at least three times during the period that begins on the 30th day
   3-17  and ends on the seventh day before the date of the meeting.  If all
   3-18  or part of the subdivided tract has been sold to nondeveloper
   3-19  owners, the court shall also give notice to each of those owners by
   3-20  certified or registered mail, return receipt requested, at the
   3-21  owner's address in the subdivided tract.
   3-22        (c)  The commissioners court is not required under Subsection
   3-23  (b) to publish a notice of an application or give notice to
   3-24  nondeveloper owners if:
   3-25              (1)  the proposed revision of the subdivision plat
   3-26  combines or reconfigures tracts; and
   3-27              (2)  the resulting tracts are larger than the original
    4-1  tracts.
    4-2        (d)  During a regular term of the commissioners court, the
    4-3  court shall adopt an order to permit the revision of the
    4-4  subdivision plat if it is shown to the court that:
    4-5              (1)  the revision will not interfere with the
    4-6  established rights of any owner of a part of the subdivided land;
    4-7  or
    4-8              (2)  each owner whose rights may be interfered with has
    4-9  agreed to the revision.
   4-10        (e)  If the commissioners court permits a person to revise a
   4-11  subdivision plat, the person may make the revision by filing for
   4-12  record with the county clerk a revised plat or part of a plat that
   4-13  indicates the changes made to the original plat.
   4-14        SECTION 4.  Section 232.007, Local Government Code, is
   4-15  repealed.
   4-16        SECTION 5.  This Act takes effect September 1, 1993.
   4-17        SECTION 6.  The importance of this legislation and the
   4-18  crowded condition of the calendars in both houses create an
   4-19  emergency and an imperative public necessity that the
   4-20  constitutional rule requiring bills to be read on three several
   4-21  days in each house be suspended, and this rule is hereby suspended.