By Rosson S.B. No. 542 74R3498 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to allowing certain counties to cancel certain platted 1-3 subdivisions if the land has not been developed. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 232, Local Government Code, is amended by 1-6 adding Section 232.0085 to read as follows: 1-7 Sec. 232.0085. CANCELLATION OF CERTAIN SUBDIVISIONS IF LAND 1-8 REMAINS UNDEVELOPED. (a) This section applies only to real 1-9 property located: 1-10 (1) outside municipalities and the extraterritorial 1-11 jurisdiction of municipalities, as determined under Chapter 42; and 1-12 (2) in an affected county, as defined by Section 1-13 16.341, Water Code, that has adopted the model rules developed 1-14 under Section 16.343, Water Code. 1-15 (b) The commissioners court of a county may cancel, after 1-16 notice and a hearing as required by this section, a subdivision for 1-17 which the plat was filed and approved before September 1, 1989, if 1-18 the development of or the making of improvements in the subdivision 1-19 was not begun before January 1, 1995. 1-20 (c) The commissioners court must publish notice of a 1-21 proposal to cancel a subdivision under this section and the time 1-22 and place of the required hearing in a newspaper of general 1-23 circulation in the county for at least 21 days immediately before 1-24 the date a cancellation order is adopted under this section. The 2-1 county tax assessor-collector shall, not later than the 14th day 2-2 before the date of the hearing, deposit with the United States 2-3 Postal Service a similar notice addressed to each owner of land in 2-4 the subdivision, as determined by the most recent county tax roll. 2-5 (d) At the hearing, the commissioners court shall permit any 2-6 interested person to be heard. At the conclusion of the hearing, 2-7 the court shall adopt an order on whether to cancel the 2-8 subdivision. The commissioners court may adopt an order canceling 2-9 a subdivision if the court determines the cancellation is in the 2-10 best interest of the public. The court may not adopt an order 2-11 canceling a subdivision if: 2-12 (1) the cancellation interferes with the established 2-13 rights of a person who owns any part of the subdivision, unless the 2-14 person agrees to the cancellation; or 2-15 (2) the owner of the entire subdivision is able to 2-16 show that: 2-17 (A) the owner of the subdivision is able to 2-18 comply with the minimum state standards and model political 2-19 subdivision rules developed under Section 16.343, Water Code, 2-20 including any bonding requirements; or 2-21 (B) the land was developed or improved within 2-22 the period described by Subsection (b). 2-23 (e) The commissioners court shall file the cancellation 2-24 order for recording in the deed records of the county. After the 2-25 cancellation order is filed and recorded, the property shall be 2-26 treated as if it had never been subdivided, and the county tax 2-27 assessor-collector shall assess the property accordingly. 3-1 SECTION 2. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended, 3-6 and that this Act take effect and be in force from and after its 3-7 passage, and it is so enacted.