1-1 By: Wentworth S.B. No. 507
1-2 (In the Senate - Filed February 26, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; May 5, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 1; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to county regulation of subdivisions.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Subsections (a) and (b), Section 232.001, Local
1-24 Government Code, are amended to read as follows:
1-25 (a) The owner of a tract of land located outside the limits
1-26 of a municipality who divides the tract into two or more parts to
1-27 lay out a subdivision of the tract, including an addition, <or> to
1-28 lay out suburban lots or building lots, or <and> to lay out
1-29 streets, alleys, squares, parks, or other parts of the tract
1-30 intended to be dedicated to public use or for the use of purchasers
1-31 or owners of lots fronting on or adjacent to the streets, alleys,
1-32 squares, parks, or other parts must have a plat of the subdivision
1-33 prepared. A division of a tract under this subsection includes a
1-34 division regardless of whether it is made by using a metes and
1-35 bounds description in a deed of conveyance or in a contract for a
1-36 deed, by using a contract of sale or other executory contract to
1-37 convey, or by using any other method.
1-38 (b) To be recorded, the plat must:
1-39 (1) describe the subdivision by metes and bounds;
1-40 (2) locate the subdivision with respect to an original
1-41 corner of the original survey of which it is a part; <and>
1-42 (3) state the dimensions of the subdivision; and
1-43 (4) if applicable, state the dimensions of each lot,
1-44 street, alley, square, park, or other part of the tract intended to
1-45 be dedicated to public use or for the use of purchasers or owners
1-46 of lots fronting on or adjacent to the street, alley, square, park,
1-47 or other part.
1-48 SECTION 2. Subsection (b), Section 232.008, Local Government
1-49 Code, is amended to read as follows:
1-50 (b) A person owning real property in this state that has
1-51 been subdivided into lots and blocks or into small subdivisions may
1-52 apply to the commissioners court of the county in which the
1-53 property is located for permission to cancel all or part of the
1-54 subdivision, including a dedicated easement or roadway, to
1-55 reestablish the property as acreage tracts as it existed before the
1-56 subdivision. If, on the application, it is shown that the
1-57 cancellation of all or part of the subdivision does not interfere
1-58 with the established rights of any purchaser who owns any part of
1-59 the subdivision, or it is shown that the purchaser agrees to the
1-60 cancellation, the commissioners court by order may <shall>
1-61 authorize the owner of the subdivision to file an instrument
1-62 canceling the subdivision in whole or in part. The instrument must
1-63 describe the subdivision or the part of it that is canceled. The
1-64 court shall enter the order in its minutes. After the cancellation
1-65 instrument is filed and recorded in the deed records of the county,
1-66 the county tax assessor-collector shall assess the property as if
1-67 it had never been subdivided.
1-68 SECTION 3. Section 232.009, Local Government Code, is
2-1 amended to read as follows:
2-2 Sec. 232.009. Revision of Plat. (a) <This section applies
2-3 only to real property located outside municipalities and the
2-4 extraterritorial jurisdiction of municipalities with a population
2-5 of 1.5 million or more, as determined under Chapter 42.>
2-6 <(b)> A person who has subdivided land that is subject to
2-7 the subdivision controls of the county in which the land is located
2-8 may apply in writing to the commissioners court of the county for
2-9 permission to revise the subdivision plat filed for record with the
2-10 county clerk.
2-11 (b) <(c)> After the application is filed with the
2-12 commissioners court, the court shall publish a notice of the
2-13 application in a newspaper of general circulation in the county.
2-14 The notice must include a statement of the time and place at which
2-15 the court will meet to consider the application and to hear
2-16 protests to the revision of the plat. The notice must be published
2-17 at least three times during the period that begins on the 30th day
2-18 and ends on the seventh day before the date of the meeting. If all
2-19 or part of the subdivided tract has been sold to nondeveloper
2-20 owners, the court shall also give notice to each of those owners by
2-21 certified or registered mail, return receipt requested, at the
2-22 owner's address in the subdivided tract.
2-23 (c) The commissioners court is not required under Subsection
2-24 (b) to publish a notice of an application or give notice to
2-25 nondeveloper owners if:
2-26 (1) the proposed revision of the subdivision plat
2-27 combines or reconfigures tracts; and
2-28 (2) the resulting tracts are larger than the original
2-29 tracts.
2-30 (d) During a regular term of the commissioners court, the
2-31 court shall adopt an order to permit the revision of the
2-32 subdivision plat if it is shown to the court that:
2-33 (1) the revision will not interfere with the
2-34 established rights of any owner of a part of the subdivided land;
2-35 or
2-36 (2) each owner whose rights may be interfered with has
2-37 agreed to the revision.
2-38 (e) If the commissioners court permits a person to revise a
2-39 subdivision plat, the person may make the revision by filing for
2-40 record with the county clerk a revised plat or part of a plat that
2-41 indicates the changes made to the original plat.
2-42 SECTION 4. Section 232.007, Local Government Code, is
2-43 repealed.
2-44 SECTION 5. This Act takes effect September 1, 1993.
2-45 SECTION 6. The importance of this legislation and the
2-46 crowded condition of the calendars in both houses create an
2-47 emergency and an imperative public necessity that the
2-48 constitutional rule requiring bills to be read on three several
2-49 days in each house be suspended, and this rule is hereby suspended.
2-50 * * * * *
2-51 Austin,
2-52 Texas
2-53 May 5, 1993
2-54 Hon. Bob Bullock
2-55 President of the Senate
2-56 Sir:
2-57 We, your Committee on Intergovernmental Relations to which was
2-58 referred S.B. No. 507, have had the same under consideration, and I
2-59 am instructed to report it back to the Senate with the
2-60 recommendation that it do pass and be printed.
2-61 Armbrister,
2-62 Chairman
2-63 * * * * *
2-64 WITNESSES
2-65 FOR AGAINST ON
2-66 ___________________________________________________________________
2-67 Name: Pamela McKay, County Attorney x
2-68 Representing: Kendall County
2-69 City: Boerne
2-70 -------------------------------------------------------------------
3-1 Name: Nathan B. Rheinlander x
3-2 Representing: Comal County Attorney
3-3 City: New Braunfels
3-4 -------------------------------------------------------------------
3-5 Name: Tom Hornseth x
3-6 Representing: Comal County
3-7 City: New Braunfels
3-8 -------------------------------------------------------------------
3-9 Name: J. L. Evans x
3-10 Representing: Comal County Commis. Court
3-11 City: New Braunfels
3-12 -------------------------------------------------------------------
3-13 Name: William D. "Buddy" Power x
3-14 Representing: County Judges / Commissioner
3-15 City: Marshall
3-16 -------------------------------------------------------------------
3-17 Name: Sam P. Seale x
3-18 Representing: Tx Assoc. of Counties
3-19 City: Austin
3-20 -------------------------------------------------------------------
3-21 Name: Bob Kiesling x
3-22 Representing: Self
3-23 City: New Braunfels
3-24 -------------------------------------------------------------------