1-1  By:  Brimer (Senate Sponsor - Harris)                  H.B. No. 645
    1-2        (In the Senate - Received from the House April 10, 1995;
    1-3  April 11, 1995, read first time and referred to Committee on
    1-4  Intergovernmental Relations; April 27, 1995, reported favorably by
    1-5  the following vote:  Yeas 10, Nays 0; April 27, 1995, sent to
    1-6  printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to municipal approval of certain amending plats.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 212.0065, Local Government Code, is
   1-12  amended to read as follows:
   1-13        Sec. 212.0065.  Delegation of Approval Responsibility.
   1-14  (a)  A municipality may delegate to an employee of the municipality
   1-15  the ability to approve:
   1-16              (1)  amending plats described by Section 212.016; or
   1-17              (2)  minor plats involving four or fewer lots fronting
   1-18  on an existing street and not requiring the creation of any new
   1-19  street or the extension of municipal facilities <to an employee of
   1-20  the municipality>.
   1-21        (b)  The designated employee may, for any reason, elect to
   1-22  present the plat to the municipal planning commission or governing
   1-23  body, or both, to approve the plat.
   1-24        (c)  The employee shall not disapprove the plat and shall be
   1-25  required to refer any plat which he refuses to approve to the
   1-26  municipal planning commission or governing body, or both, within
   1-27  the time period specified in Section 212.009.
   1-28        SECTION 2.  Section 212.016(a), Local Government Code, is
   1-29  amended to read as follows:
   1-30        (a)  The municipal authority responsible for approving plats
   1-31  may approve and issue an amending plat, which may be recorded and
   1-32  is controlling over the preceding plat without vacation of that
   1-33  plat, if the amending plat is signed by the applicants only and is
   1-34  solely for one or more of the following purposes:
   1-35              (1)  to correct an error in a course or distance shown
   1-36  on the preceding plat;
   1-37              (2)  to add a course or distance that was omitted on
   1-38  the preceding plat;
   1-39              (3)  to correct an error in a real property description
   1-40  shown on the preceding plat;
   1-41              (4)  to indicate monuments set after the death,
   1-42  disability, or retirement from practice of the engineer or surveyor
   1-43  responsible for setting monuments;
   1-44              (5)  to show the location or character of a monument
   1-45  that has been changed in location or character or that is shown
   1-46  incorrectly as to location or character on the preceding plat;
   1-47              (6)  to correct any other type of scrivener or clerical
   1-48  error or omission previously approved by the municipal authority
   1-49  responsible for approving plats, including lot numbers, acreage,
   1-50  street names, and identification of adjacent recorded plats;
   1-51              (7)  to correct an error in courses and distances of
   1-52  lot lines between two adjacent lots if:
   1-53                    (A)  both lot owners join in the application for
   1-54  amending the plat;
   1-55                    (B)  neither lot is abolished;
   1-56                    (C)  the amendment does not attempt to remove
   1-57  recorded covenants or restrictions; and
   1-58                    (D)  the amendment does not have a material
   1-59  adverse effect on the property rights of the other owners in the
   1-60  plat;
   1-61              (8)  to relocate a lot line to eliminate an inadvertent
   1-62  encroachment of a building or other improvement on a lot line or
   1-63  easement;
   1-64              (9)  to relocate one or more lot lines between one or
   1-65  more adjacent lots if:
   1-66                    (A)  the owners of all those lots join in the
   1-67  application for amending the plat;
   1-68                    (B)  the amendment does not attempt to remove
    2-1  recorded covenants or restrictions; and
    2-2                    (C)  the amendment does not increase the number
    2-3  of lots; <or>
    2-4              (10)  to make necessary changes to the preceding plat
    2-5  to create six or fewer lots in the subdivision or a part of the
    2-6  subdivision covered by the preceding plat if:
    2-7                    (A)  the changes do not affect applicable zoning
    2-8  and other regulations of the municipality;
    2-9                    (B)  the changes do not attempt to amend or
   2-10  remove any covenants or restrictions; and
   2-11                    (C)  the area covered by the changes is located
   2-12  in an area that the municipal planning commission or other
   2-13  appropriate governing body of the municipality has approved, after
   2-14  a public hearing, as a residential improvement area; or
   2-15              (11)  to replat one or more lots fronting on an
   2-16  existing street if:
   2-17                    (A)  the owners of all those lots join in the
   2-18  application for amending the plat;
   2-19                    (B)  the amendment does not attempt to remove
   2-20  recorded covenants or restrictions;
   2-21                    (C)  the amendment does not increase the number
   2-22  of lots; and
   2-23                    (D)  the amendment does not create or require the
   2-24  creation of a new street or make necessary the extension of
   2-25  municipal facilities.
   2-26        SECTION 3.  (a)  The change in law made by Section 2 of this
   2-27  Act applies only to an amending plat submitted for approval on or
   2-28  after the effective date of this Act.  For purposes of this
   2-29  section, an amending plat is submitted for approval if a person has
   2-30  applied for approval under Section 212.008, Local Government Code.
   2-31        (b)  An amending plat submitted for approval before the
   2-32  effective date of this Act is covered by the law in effect at the
   2-33  time the plat was filed, and the former law is continued in effect
   2-34  for that purpose.
   2-35        SECTION 4.  The importance of this legislation and the
   2-36  crowded condition of the calendars in both houses create an
   2-37  emergency and an imperative public necessity that the
   2-38  constitutional rule requiring bills to be read on three several
   2-39  days in each house be suspended, and this rule is hereby suspended,
   2-40  and that this Act take effect and be in force from and after its
   2-41  passage, and it is so enacted.
   2-42                               * * * * *