BILL ANALYSIS
C.S.H.B. 1001
By: Cuellar, H. (Zaffirini)
Int'l Relations, Trade & Tech.
05-18-95
Senate Committee Report (Substituted)
BACKGROUND
A large number of subdivisions have been developed in economically
distressed areas throughout South Texas along the international
border that lack an adequate potable water supply and waste water
or sewer services. The health risk along the border in the
affected counties, coupled with the mobile nature of the residents
of these affected areas, and the fact that the trade,
transportation, and commerce along the border is one of the most
intense in the United States, creates a substantial risk of
epidemics of third world diseases spreading to the residents of
this state and beyond.
PURPOSE
As proposed, H.B. 1001 sets forth regulations for the platting of
subdivisions in economically distressed areas; provides civil and
criminal penalties.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the commissioners court of a county in SECTION 4 (Sections
232.028(f), 232.030(a) and (c), Local Government Code), an affected
county in SECTION 15 (Section 16.343(g), Water Code), and the Texas
Water Development Board in SECTIONS 15 and 22 (Sections 16.343(a)
and 17.936(d), Water Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. LEGISLATIVE FINDINGS. Sets forth the findings of the
legislature regarding economically distressed subdivisions.
SECTION 2. Amends Chapter 232, Local Government Code, by adding the
heading of Subchapter A, to encompass Sections 232.001 through
232.010, as follows:
SUBCHAPTER A. SUBDIVISION PLATTING REQUIREMENTS IN GENERAL
SECTION 3. Amends Section 232.0015, Local Government Code, as
follows:
Sec. 232.0015. New heading: EXCEPTIONS TO PLAT REQUIREMENT.
(a) Makes a conforming change.
(b) Provides that this subchapter does not apply to a
subdivision of land to which Subchapter B applies.
SECTION 4. Amends Chapter 232, Local Government Code, by adding
Subchapter B, as follows:
SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN
ECONOMICALLY DISTRESSED COUNTIES
Sec. 232.021. DEFINITIONS. Defines "affected county,"
"board," "common promotional plan," "executive administrator,"
"floodplain," "lease," "lot," "minimum state standards,"
"plat," "sell," "sewer," "subdivide," "subdivider,"
"subdivision," and "utility."
Sec. 232.022. APPLICABILITY. (a) Provides that this section
applies only to land that is subdivided into four or more lots
that are intended primarily for residential use in the
jurisdiction of an affected county. Provides that a lot is
presumed to be intended for residential use if the lot is five
acres or less. Provides that this subchapter does not apply
if the subdivision is incident to the conveyance of the land
as a gift.
Sec. 232.023. PLAT REQUIRED. (a) Requires a subdivider of
land in an affected county to have a plat of the subdivision
prepared. Provides that a subdivision of a tract under this
section includes a subdivision of real property by any method
of conveyance, including a contract for deed, oral contract,
contract for sale, or other type of executory contract,
regardless of whether the subdivision is made by using a metes
and bounds description.
(b) Sets forth the requirements of a plat under this
section.
(c) Authorizes a subdivider to meet the requirements of
Subsection (b)(12)(B) through the use of a certificate
issued by the appropriate county or state official having
jurisdiction over the approval of septic systems stating
that lots in the subdivision can be adequately and legally
served by septic systems.
(d) Requires the subdivider of the tract to acknowledge the
plat by signing the plat and attached documents and attest
to the veracity and completeness of the matters asserted in
the attached documents and in the plat.
(e) Requires the plat to be filed and recorded with the
county in which the tract is located. Provides that the
plat is subject to the filing and recording provisions of
Section 12.002, Property Code.
Sec. 232.024. APPROVAL BY COUNTY REQUIRED. (a) Provides
that a plat filed under Section 232.023 is not valid unless
the commissioners court of the county in which the land is
located approves the plat by an order entered in the minutes
of the court. Requires the commissioners court to refuse to
approve a plat if it does not meet the requirements prescribed
by or under this subchapter or if any bond required under this
subchapter is not filed with county clerk.
(b) Prohibits the commissioners court from approving a plat
that is intended for residential housing and that lies in a
floodplain unless the plat evidences a restrictive covenant
as required by this subsection. Requires a restrictive
covenant to prohibit the construction of residential housing
in any area of the subdivision that is in a floodplain
unless the housing qualifies for insurance under 42 U.S.C.
Sections 4001 through 4127 (National Flood Insurance Act).
(c) Sets forth the information the county clerk is required
to provide the attorney general or the Texas Water
Development Board on request.
Sec. 232.025. SUBDIVISION REQUIREMENTS. Sets forth the
requirements of each subdivision, as adopted, by order, of the
commissioners court.
Sec. 232.026. WATER AND SEWER SERVICE EXTENSION. (a)
Authorizes the commissioners court to extend the date by which
the water and sewer service facilities must be fully operable
if the commissioners court finds the extension is reasonable
and not contrary to the public interest.
(b) Prohibits the commissioners court from granting an
extension under Subsection (a) if it would allow an occupied
residence to be without water or sewer services.
(c) Requires the commissioners court to notify the attorney
general of the extension and the reason for extension, if
applicable. Requires the attorney general to notify all
other state agencies having enforcement power over
subdivisions in affected counties of the extension.
Sec. 232.027. BOND REQUIREMENTS. Requires the commissioners
court, unless a person has completed the installation of all
water and sewer service facilities required by this subchapter
on the date the person applies for approval of a plat under
Section 232.024, to require the subdivider of the tract to
execute and maintain in effect a bond or, in the alternative,
a person may make a cash deposit in an amount the
commissioners court determines will ensure compliance with
this subchapter. Prohibits a person from meeting the
requirements of this subsection through the use of a letter of
credit unless that letter of credit is irrevocable and issued
by an institution guaranteed by the FDIC. Requires the
subdivider to comply with the requirement before subdividing
the tract.
(b) Requires the bond to be conditioned on the construction
or installation of water and sewer service facilities that
will be in compliance with the model rules adopted under
Section 16.343, Water Code.
Sec. 232.028. CERTIFICATION REGARDING COMPLIANCE WITH PLAT
REQUIREMENTS. (a) Requires the commissioners court, on
approval of a plat, to issue to the person applying for the
approval of a certificate stating that the plat has been
reviewed and approved by the commissioners court.
(b) Sets forth the determinations the commissioners court
is required to make regarding the land in which an entity or
commissioners court is interested that is located within the
jurisdiction of the county, on the written request of a
subdivider, an owner or resident of a lot in a subdivision,
or an entity that provides a utility service.
(c) Requires the request made under Subsection (b) to
identify the land that is the subject of the request.
(d) Requires the commissioners court to issue the
requesting party a written certification of its
determinations under that subsection whenever a request is
made under Subsection (b).
(e) Sets forth the period in which the commissioners court
is required to make its determinations and issue the
certificate, if appropriate.
(f) Authorizes the commissioners court to adopt rules it
considers necessary to administer its duties under this
section.
Sec. 232.029. CONNECTION OF UTILITIES. (a) Prohibits an
entity from serving or connecting any subdivided land with
water or sewer services unless the entity receives a
certificate issued by the commissioners court under Section
232.028(a) or receives a determination from the commissioners
court under Section 232.028(b)(1) that the plat has been
reviewed and approved by the commissioners court.
(b) Prohibits an entity from serving or connecting any
subdivided land with electricity or gas unless the entity
receives a determination from the county commissioners court
under Section 232.028(b)(2) that adequate water and sewer
services have been installed to service the subdivision.
(c) Prohibits the prohibition established by this section
from prohibiting an electric or gas utility from providing
electric or gas utility connection or service to a lot being
sold, conveyed or purchased through a contract for deed or
executory contract or other device by a subdivider prior to
July 1, 1995, which is located within a subdivision where
the utility has previously established service and was
subdivided by a plat approved prior to September 1, 1989.
Sec. 232.030. SUBDIVISION REGULATION; COUNTY AUTHORITY. (a)
Requires the commissioners court for each county to adopt and
enforce the model rules developed under Section 16.343, Water
Code.
(b) Prohibits the commissioners court from granting a
variance or adopting regulations that waive any requirements
of this subchapter.
(c) Sets forth the conditions for which the commissioners
court is required to adopt regulations.
(d) Authorizes the commissioners court, in adopting
regulations under Subsection (c)(2), to allow one or more
commercial providers to provide solid waste disposal
services as an alternative to having the service provided by
the county if the commercial provider is more efficient or
is a more cost-effective alternative to county provision of
the service.
Sec. 232.031. REQUIREMENTS PRIOR TO SALE OR LEASE. (a)
Prohibits a subdivider from selling or leasing land in a
subdivision first platted or replatted after July 1, 1995,
unless the subdivision plat is approved by the commissioners
court in accordance with Section 232.024.
(b) Requires a subdivider to record with the county clerk
all sales contracts, including the attached disclosed
statement required by Section 232.033, leases, and any other
documents that convey an interest in the subdivided land.
(c) Provides that a document filed under Subsection (b) is
a public record.
Sec. 232.032. SERVICES PROVIDED BY SUBDIVIDER. Sets forth
the services a subdivider having an approved plat for a
subdivision is required to provide.
Sec. 232.033. ADVERTISING STANDARDS AND OTHER REQUIREMENTS
BEFORE SALE; OFFENSE. (a) Sets forth the requirements of
brochures, publications, and advertising of any form relating
to subdivided land.
(b) Requires the subdivider to provide a copy in Spanish of
all written documents relating to the sale of subdivided
land under an executory contract, including the contract,
disclosure notice, and annual statement required by this
section and a notice of default required by Chapter 5D,
Property Code, under certain circumstances.
(c) Requires the subdivider to provide the purchaser with
a written notice, before an executory contract is signed by
the purchaser, which must be attached to the executory
contract, informing the purchaser of the condition of the
property that must, at a minimum, be executed by the
subdivision and purchaser and be acknowledged. Sets forth
the language of the notice.
(d) Requires the subdivider to provide the purchaser who is
sold a lot under an executory contract with an annual
statement in January of each year for the term of the
executory contract. Requires the statement to be postmarked
not later than January 31 if the subdivider mails the
statement to the purchaser.
(e) Sets forth the required contents of the statement.
(f) Sets forth authorized actions of a purchaser if the
subdivider fails to comply with Subsections (d) and (e).
(g) Provides that a purchaser who makes a deduction under
Subsection (f) is not required to reimburse the subdivider
for the amount deducted.
(h) Provides that a person commits a Class A misdemeanor if
the person knowingly authorizes or assists in the
publication, advertising, distribution, or circulation of
any statement or representation that the person knows is
false concerning any subdivided land offered for sale or
lease.
Sec. 232.034. CONFLICT OF INTEREST; PENALTY. (a) Defines
"subdivided tract."
(b) Sets forth the actions of a person which constitute a
conflict of interest in a subdivided tract.
(c) Provides that a person is considered to have an
interest in a subdivided tract if the person is related in
the second degree by consanguinity or affinity, as
determined under Chapter 573, Government Code, to a person
who has an interest in the tract.
(d) Requires a member of the commissioners court who has an
interest in a subdivided tract to file an affidavit with the
county clerk stating the nature and extent of the interest
and to abstain from further participation in the matter.
Requires the affidavit to be filed with the county clerk.
(e) Provides that a member of the commissioners court who
violates Subsection (d) commits a Class A misdemeanor.
(f) Provides that the finding by a court of a violation of
this section does not render violable an action of the
commissioners court but for the vote of the member who
violated this section.
(g) Provides that a conviction under Subsection (e)
constitutes official misconduct by the member and is grounds
for removal from office.
Sec. 232.035. CIVIL PENALTIES. (a) Prohibits a subdivider
or an agent of a subdivider from causing, suffering, allowing,
or permitting a lot to be sold in a subdivision if the
subdivision has not been platted as required by this
subchapter.
(b) Prohibits a subdivider or an agent of a subdivider from
causing, suffering, allowing, or permitting a subdivision or
any part of a subdivision in an affected county to become a
public health nuisance as defined by Section 341.011, Health
and Safety Code. Provides that this subsection does not
apply to a lot for which a subdivider has conveyed title to
a purchaser.
(c) Sets forth the civil penalty of a person who fails to
provide for the construction or installation of certain
service facilities in the time and manner described in the
plat.
(d) Provides that a person who violates Subsection (a) or
(b) of this section, except as provided by Subsection (e),
is subject to a civil penalty of not less than $10,000 or
more than $15,000 for each lot. Requires the person to pay
court costs, investigative costs, and attorney's fees for
the governmental entity bringing the suit.
(e) Provides that a person who violates Subsection (b) is
not subject to a fine under Subsection (d) if the person
corrects the nuisance not later than the 30th day after the
date the person receives notice from the attorney general or
a local health authority of the nuisance.
(f) Sets forth the venue for an action under this section.
Sec. 232.036. CRIMINAL PENALTIES. Sets forth the actions of
a subdivider which constitute a Class A misdemeanor. Sets
forth the venue for prosecution for a violation under this
section.
Sec. 232.037. ENFORCEMENT. (a) Authorizes the attorney
general, or the district attorney, criminal district attorney,
county attorney with felony responsibilities, or county
attorney of an affected county to take any action necessary in
a court of competent jurisdiction on behalf of the state or on
behalf of residents to enjoin certain violations, assess and
recover civil or criminal penalties, or require replatting
under Section 232.041.
(b) Authorizes the attorney general, at the request of the
district or county attorney with jurisdiction, to conduct a
criminal prosecution under Section 232.033(b) or 232.036.
(c) Authorizes any resident of the affected subdivision, or
the attorney general, district attorney, or county attorney
on behalf of a resident to file a motion against the
provider of utilities to halt termination of pre-existing
utility services, during the pendency of any enforcement
action brought. Prohibits the services from being
terminated if the court makes an affirmative finding after
hearing the motion that termination poses a threat to public
health, safety, or welfare of the residents.
Sec. 232.038. SUIT BY PRIVATE PERSON IN ECONOMICALLY
DISTRESSED AREA. Authorizes a person who has purchased or is
purchasing a lot after July 1, 1995, in a subdivision for
residential purposes that does not have water and sewer
services and is located in an economically distressed area, to
bring suit in the district court in which the property is
located to declare the purchase void, or recover certain
expenses from the subdivider.
Sec. 232.039. CANCELLATION OF SUBDIVISION. (a) Authorizes
a subdivider of land in an affected county to apply to the
commissioners court to cancel all or part of the subdivision
in the manner provided by Section 232.008 after notice and
hearing as provided by this section.
(b) Provides that a resident of a subdivision for which the
subdivider has applied for cancellation under Subsection (a)
has the same rights as a purchaser of land under Section
232.008.
(c) Requires the notice required by Section 232.008(c) to
also be published in Spanish in the newspaper of highest
circulation and in a Spanish-language newspaper in the
county if available.
(d) Requires the county chief appraiser, by regular and
certified mail, to provide notice containing the information
described Section 232.008(c) to certain persons.
(e) Authorizes the commissioners court to require a
subdivider to provide the court with the name and last known
address of each person with an interest in the property.
Provides that a person residing on a lot purchased through
an executory contract has an interest in the property.
(f) Provides that a person who fails to provide information
requested under Subsection (e) before the 31st day after the
date the request is made is liable to the state for a
penalty of $500 for each week the person fails to provide
the information.
(g) Authorizes the commissioners court to cancel a
subdivision only after a public hearing. Requires the
commissioners court to adopt an order on whether to cancel
the subdivision at the hearing.
Sec. 232.040. REPLATTING. (a) Requires a subdivision plat
to accurately reflect the subdivision as it develops.
Requires any change, either by the intentional act of the
subdivider or by the forces of nature to be recorded a plat in
accordance with Section 232.041.
(b) Prohibits a lot in a subdivision from being sold if the
lot lacks water and sewer services as required by this
subchapter. Prohibits a subdivider or agent from
transferring a lot through an executory contract or other
similar conveyance to evade the requirements of this
subchapter. Sets forth the prohibited actions to which a
lot sold under this subsection applies.
(c) Provides that Subsection (b) does not apply if a seller
other than a subdivider or agent of a subdivider resides on
the lot or purchases the lot through a contract for deed.
(d) Authorizes the attorney general or a district or county
attorney with jurisdiction to bring a proceeding under
Subsection (b).
(e) Prohibits existing utility services to a subdivision
that must be platted or replatted under this section from
being terminated under Section 232.029.
Sec. 232.041. REVISION OF PLAT. (a) Authorizes a person who
has subdivided land that is subject to the subdivision
controls of the county in which the land is located to apply
in writing to the commissioners court of the county for
permission to revise the subdivision plat filed for record
with the county clerk.
(b) Requires the court to publish a notice of the
application in a newspaper of general circulation in the
county. Sets forth the provisions of the notice.
(c) Requires the commissioners court to adopt an order to
permit the revision of the subdivision plat if certain
conditions apply.
(d) Authorizes the person to make the revision by filing
for record with the county clerk a revised plat or part of
a plat that indicates the changes made to the original plat
if the commissioners court permits a person to revise a
subdivision plat.
Sec. 232.042. VARIANCES. (a) Authorizes the commissioners
court to grant a delay or a variance from compliance with
Section 232.041 as provided by this section.
(b) Authorizes the commissioners court to grant a delay of
two years if the reason for the delay is to install
utilities. Authorizes a person to apply for one renewal of
a delay under this subsection. Sets forth the actions of a
subdivider in order to obtain an initial delay under this
subsection.
(c) Authorizes the commissioners court to grant a delay or
a variance for a reason other than a reason described by
Subsection (b) if it is shown that compliance would be
impractical or would be contrary to the health and safety of
residents of the subdivision. Requires the commissioners
court to issue written findings stating the reasons why
compliance is impractical.
(d) Provides that a delay or variance granted by the
commissioners court is valid only if the commissioners court
notifies the attorney general of the delay and the reasons
for the delay not later than the 30th day after the date the
commissioners grants the delay.
(e) Requires the subdivider of land for which a delay is
granted under this section to provide at no cost to
residents five gallons of potable water a day for each
resident and portable sanitary waste water disposal
facilities until approved water and sewer services are made
available to the subdivision.
SECTION 5. Amends Chapter 412B, Local Government Code, by adding
Section 412.015, as follows:
Sec. 412.015. COUNTY WATER AND SEWER UTILITY. Authorizes an
affected county, as defined by Section 16.341, Water Code, to
own, operate, or maintain a water or sewer utility in the same
manner as a municipality under Chapter 402.
SECTION 6. Amends Section 13.002, Water Code, by amending
Subdivision (23) and adding Subdivision (26), to redefine "water
and sewer utility," "public utility," and "utility." Defines
"affected county."
SECTION 7. Amends Section 13.043, Water Code, by amending
Subsections (b), (c), (f), and (g), and adding Subsection (k), as
follows:
(b) Authorizes ratepayers of certain entities to appeal the
decision of the governing body of the entity affecting their
water, drainage or sewer rates to the commission , including
a utility owned by an affected county, if the ratepayer's
rates are actually adversely affected.
(c)-(g) Make conforming changes.
(k) Requires the commissioners court of an affected county to
provide written notice to each ratepayer eligible to appeal,
not later than the 30th day after the date of a final decision
on a rate change. Requires the notice to include the
effective date of the new rates and the location where
additional information on rates may be obtained.
SECTION 8. Amends the heading of Chapter 13D, Water Code, as
follows:
SUBCHAPTER D. MUNICIPALITIES AND COUNTIES
SECTION 9. Amends Section 13.084, Water Code, to make
conforming changes.
SECTION 10. Amends Section 13.085, Water Code, to make
conforming changes.
SECTION 11. Amends Section 13.139(a), Water Code, to make a
conforming change.
SECTION 12. Amends Section 13.141, Water Code, to make a
conforming change.
SECTION 13. Amends Section 13.181, Water Code, to make a
conforming change.
SECTION 14. Amends Section 13.242(a), Water Code, to make a
conforming change.
SECTION 15. Amends Sections 16.343(a) and (g), Water Code, as
follows:
(a) Requires the Texas Water Development Board (board) to
consult with the attorney general before adopting rules.
Makes a conforming change.
(g) Prohibits an affected county from receiving funds under
either Section 15.407 of this code or Chapter 17K of this
code, unless the county adopts and enforces model rules.
SECTION 16. Amends Section 16.349, Water Code, by amending
Subsection (b) and adding Subsection (c), as follows:
(b) Deletes reference to an economically distressed area
located in the boundaries of the political subdivision.
(c) Prohibits a political subdivision holding a certificate
of convenience and necessity described by Section 13.242, that
extends service to an economically distressed area outside the
boundaries of the political subdivision, from charging the
residents of the area rates that exceed the cost of providing
service to the area or the rates charged other residents of
the political subdivision plus 15 percent.
SECTION 17. Amends Section 16.352, Water Code, as follows:
Sec. 16.352. ENFORCEMENT OF RULES. (a) Provides that a
person who violates a rule adopted by a county or municipality
pursuant to Section 16.343 of this code is subject to a civil
penalty of not less than $1,000, rather than $50, nor more
than $10,000, rather than $1,000, or each violation and for
each day of a continuing violation but not in excess of
$50,000, rather than $5,000, per day.
(b)-(d) Make conforming and nonsubstantive changes.
SECTION 18. Amends Section 16.353, Water Code, to make
nonsubstantive changes.
SECTION 19. Amends Section Chapter 16J, Water Code, by adding
Section 16.356, as follows:
Sec. 16.356. VENUE. Authorizes a suit for injunctive relief
or for the recovery of a civil penalty to be brought in a
district court in the county in which the defendant resides;
the county in which the alleged violation or threat of
violation occurs; or Travis County.
SECTION 20. Amends Section 17.921(1), Water Code, to redefine
"economically distressed area."
SECTION 21. Amends Section 17.933, Water Code, by adding
Subsection (g), to provide that the amount of financial assistance
provided by the board to a political subdivision for service to
areas defined in Section 17.921(1)(C)(ii) for which repayment is
not required is 50 percent of the state bond proceeds used for the
design and construction of the service.
SECTION 22. Amends Chapter 17K, Water Code, by adding Section
17.936, as follows:
Sec. 17.936. RECOVERY OF ECONOMICALLY DISTRESSED AREA IMPACT
FEES. (a) Provides that it is the intent of the legislature
that a private developer not unduly benefit from the
expenditure by the state of public funds on infrastructure for
public benefit.
(b) Defines "capital improvement costs" and "economically
distressed area."
(c) Sets forth the property to which this section applies.
(d) Authorizes the provider of water or wastewater utility
service to an economically distressed area to recover from
a developer or owner of an undeveloped lot economically
distressed areas program impact fees as provided by rules
adopted by the board.
SECTION 23. Amends Section 26.001, Water Code, effective until
NPDES permit authority, by adding Subdivision (20), to redefine
"affected county."
SECTION 24. Amends Section 26.001, Water Code, effective upon
NPDES permit authority, by adding Subdivision (26), to redefine
"affected county."
SECTION 25. Amends Section 26.123, Water Code, effective until
NPDES permit authority, by adding Subsection (j), to require the
executive director on the request of the attorney general to
conduct an investigation of the alleged violation, if the attorney
general determines that a subdivider, as defined by Section
232.021, Local Government Code, of land in an affected county has
violated or is threatening to violate a provision of this chapter.
Requires the executive director to consult with the attorney
general during the investigation to determine appropriate remedial
action.
SECTION 26. Amends Section 26.123, Water Code, effective upon
NPDES permit authority, by adding Subsection (j), to require the
executive director on the request of the attorney general to
conduct an investigation of the alleged violation, if the attorney
general determines that a subdivider, as defined by Section
232.021, Local Government Code, of land in an affected county has
violated or is threatening to violate a provision of this chapter.
Requires the executive director to consult with the attorney
general during the investigation to determine appropriate remedial
action.
SECTION 27. Amends Section 26.124, Water Code, by adding
Subsection (c), to authorize the attorney general to institute a
civil suit in district court for injunctive relief or civil
penalties against the person who has or is about to commit a
violation, if the attorney general determines that a violation of
Section 26.121 or a rule adopted under that section has occurred or
is about to occur in an affected county.
SECTION 28. Amends Chapter 2306E, Government Code, by adding
Section 2306.0985, as follows:
Sec. 2306.0985. RECOVERY OF FUNDS FROM CERTAIN SUBDIVISIONS.
(a) Provides that it is the intent of the legislature that a
private developer not unduly benefit from the expenditure by
the state of public funds on infrastructure for public
benefit.
(b) Sets forth the property to which this section applies.
(c) Authorizes the department to require a political entity
with authority to tax and place a lien or assessment on
property to do so on property that benefits from expenditure
of state or federal funds for water, wastewater, or drainage
improvements affecting the property. Prohibits the lien or
assessment from exceeding an amount equal to the cost of
making the improvements as those costs relate to the
property. Provides that the lien or assessment expires 10
years after the date the improvements are completed.
(d) Requires the seller to pay the political entity from
the proceeds of the sale an amount equal to the value of the
lien or assessment if the property subject to a lien or
assessment under Subsection (c) is sold. Sets forth the
conditions in which this subsection does not apply.
(e) Requires the holder to pay the political entity an
amount equal to the value of the lien or assessment before
taking possession of the property if the property is
repossessed by the holder of a note or a contract for deed.
(f) Requires a political entity to collect payments made
under this section and remit the funds for deposit in the
treasury to the credit of a special account in the general
revenue fund that may be appropriated only to the department
for use in administering a program under Section 2306.098
after public notice and comment.
SECTION 29. Repealer: Sections 232.001(f), 232.0035, 232.0036,
232.0046, 232.0047, and 232.0049, Local Government Code (Plat
Required-Water and Sewer Requirements in Certain Counties-Bond
Requirements and Other Financial Guarantees in Certain Counties-Certification Regarding Compliance with Plat Requirements in
Certain Counties-Connection of Utilities in Certain Counties-Enforcement in Certain Counties; Penalty).
SECTION 30. Makes application of Sections 4 and 17 of this Act
prospective.
SECTION 31. Provides that this Act does not exempt the
deliberations of a political subdivision from the requirements of
Chapter 551, Government Code.
SECTION 32. Emergency clause.
Effective date: upon passage.