By Oliveira H.B. No. 1737 75R4603 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to notice and public hearing requirements for proposed 1-3 subdivisions in certain counties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 232, Local Government Code, 1-6 is amended by adding Sections 232.0245 and 232.0246 to read as 1-7 follows: 1-8 Sec. 232.0245. NOTICE AND HEARING REQUIREMENT FOR PROPOSED 1-9 SUBDIVISION. (a) Before approving a subdivision plat under 1-10 Section 232.024, the commissioners court shall conduct a public 1-11 hearing. 1-12 (b) The commissioners court shall provide notice of the 1-13 hearing to persons who own land or reside on land adjacent to the 1-14 proposed subdivision before the 15th day before the date of the 1-15 hearing by: 1-16 (1) publication in a newspaper of general circulation 1-17 in each county in which the proposed subdivision is located; and 1-18 (2) written notice, which may be delivered in person 1-19 or by depositing the notice, properly addressed with postage 1-20 prepaid, in a post office or postal depository within the county. 1-21 (c) A person entitled to notice under this section may offer 1-22 testimony and present written evidence at the hearing relating to 1-23 the proposed subdivision. 1-24 (d) The commissioners court may delegate the responsibility 2-1 for providing notice under this section to the subdivider of the 2-2 proposed subdivision. 2-3 Sec. 232.0246. NOTICE AND HEARING REQUIREMENT FOR CERTAIN 2-4 ACTIONS. (a) Before granting a cancellation or revision of, or a 2-5 variance to a subdivision plat, the commissioners court shall 2-6 conduct a public hearing. 2-7 (b) Before the 15th day before the date of the hearing, the 2-8 commissioners court shall provide notice of the hearing to: 2-9 (1) persons who own land or reside on land adjacent to 2-10 the subdivision; and 2-11 (2) persons who own land, reside on land, lease land, 2-12 or own an easement on land that is located within 1,500 feet of the 2-13 subdivision. 2-14 (c) The notice required by Subsection (b) must be provided 2-15 by: 2-16 (1) publication in a newspaper of general circulation 2-17 in each county in which the subdivision is located; and 2-18 (2) written notice, which may be delivered in person 2-19 or by depositing the notice, properly addressed with postage 2-20 prepaid, in a post office or postal depository within the county. 2-21 (d) A person entitled to notice under this section may offer 2-22 testimony and present written evidence at the hearing relating to 2-23 the cancellation or revision of, or the variance to, the 2-24 subdivision plat. 2-25 (e) The commissioners court may delegate the responsibility 2-26 for providing notice under this section to the subdivider of the 2-27 proposed subdivision. 3-1 SECTION 2. (a) This Act takes effect September 1, 1997. 3-2 (b) The change in law made by this Act by the addition of 3-3 Section 232.0245, Local Government Code, applies only to a 3-4 subdivision plat filed as required by Subchapter B, Chapter 232, 3-5 Local Government Code, on or after the effective date of this Act. 3-6 A subdivision plat filed as required by Subchapter B, Chapter 232, 3-7 Local Government Code, before the effective date of this Act is 3-8 governed by the law in effect when the subdivision plat was filed, 3-9 and the former law continues in effect for that purpose. 3-10 (c) The change in law made by this Act by the addition of 3-11 Section 232.0246, Local Government Code, applies only to an 3-12 application for a cancellation or revision of, or for a variance 3-13 to, a subdivision plat filed on or after the effective date of this 3-14 Act. An application filed before the effective date is governed by 3-15 the law in effect when the application was filed, and the former 3-16 law continues in effect for that purpose. 3-17 SECTION 3. The importance of this legislation and the 3-18 crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended.