75R13468 CAG-D
By Lewis of Orange H.B. No. 1821
Substitute the following for H.B. No. 1821:
By Mowery C.S.H.B. No. 1821
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the subdivision of land outside a municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 232.001, Local Government Code, is
1-5 amended by amending Subsection (a) and adding Subsections (f)-(l)
1-6 to read as follows:
1-7 (a) Except as otherwise provided by this section, the [The]
1-8 owner of a tract of land located outside the limits of a
1-9 municipality or outside the area where a municipality has adopted
1-10 rules governing plats and subdivision of land who divides the tract
1-11 into two or more parts [to lay out a subdivision of the tract,
1-12 including an addition, or to lay out suburban lots or building
1-13 lots, and to lay out streets, alleys, squares, parks, or other
1-14 parts of the tract intended to be dedicated to public use or for
1-15 the use of purchasers or owners of lots fronting on or adjacent to
1-16 the streets, alleys, squares, parks, or other parts] must have a
1-17 plat of the subdivision prepared. A division of a tract under this
1-18 subsection includes a division regardless of whether it is made by
1-19 using a metes and bounds description in a deed of conveyance or in
1-20 a contract for a deed, by using a contract of sale or other
1-21 executory contract to convey, or by using any other method. A
1-22 division of land under this subsection does not include a division
1-23 of land into tracts of more than five acres, if each tract has
1-24 access to a public right-of-way, the owner does not lay out
2-1 streets, alleys, squares, parks, or easements, or no public
2-2 improvement is dedicated.
2-3 (f) For the purposes of this section, land is considered
2-4 within the jurisdiction of a county if the land is located in the
2-5 area to which Subsection (a) applies.
2-6 (g) On the approval of a plan, plat, or replat by the
2-7 commissioners court of a county, the commissioners court shall
2-8 issue, to the person applying for the approval, a certificate
2-9 stating that the plan, plat, or replat has been reviewed and
2-10 approved by the commissioners court.
2-11 (h) On the written request of an owner of land, a public
2-12 utility or the commissioners court of the county, whichever entity
2-13 has authority to approve plans, plats, or replats, shall make the
2-14 following determinations regarding the owner's land or the land in
2-15 which the utility or commissioners court is interested that is
2-16 located within the jurisdiction of the county:
2-17 (1) whether a plan, plat, or replat is required under
2-18 Subsection (a);
2-19 (2) whether there should be a waiver of the
2-20 requirements of Subsection (a); and
2-21 (3) if a plan, plat, or replat is required, whether it
2-22 has been prepared and whether it has been reviewed and approved by
2-23 the commissioners court.
2-24 (i) A request made under Subsection (h) must identify the
2-25 land that is the subject of the request and describe the
2-26 circumstances of the division of the land.
2-27 (j) If the commissioners court determines that a plan, plat,
3-1 or replat is not required, the commissioners court shall issue, to
3-2 the requesting party, a written certification of that
3-3 determination. If the commissioners court determines that a plan,
3-4 plat, or replat is required and that it has been prepared and has
3-5 been reviewed and approved by the commissioners court, the
3-6 commissioners court shall issue, to the requesting party, a written
3-7 certification of the determination.
3-8 (k) The commissioners court shall make its determination
3-9 under Subsection (j) within 20 days after the date the
3-10 commissioners court receives the request under Subsection (h) and
3-11 shall issue the certificate, if appropriate, within 10 days after
3-12 the date the determination is made.
3-13 (l) The commissioners court may adopt rules the court
3-14 considers necessary to administer this section.
3-15 SECTION 2. Section 232.0015, Local Government Code, is
3-16 amended by adding Subsections (c), (d), (e), and (f) to read as
3-17 follows:
3-18 (c) The county may not require the owner of a tract of land
3-19 located outside the limits of a municipality who divides the tract
3-20 into two or more parts to have a plat of the subdivision prepared
3-21 if:
3-22 (1) the owner does not lay out streets, alleys,
3-23 squares, parks, or easements; and
3-24 (2) the land is to be used primarily for agricultural
3-25 use, as defined by Section 1-d, Article VIII, Texas Constitution.
3-26 (d) If a tract described by Subsection (c) ceases to be used
3-27 primarily for agricultural use, the platting requirements of this
4-1 subchapter apply.
4-2 (e) The county may not require the owner of a tract of land
4-3 located outside the limits of a municipality who divides the tract
4-4 into four or fewer parts to have a plat of the subdivision prepared
4-5 if each of the lots is to be sold, given, or otherwise transferred
4-6 to an individual who is related to the owner within the third
4-7 degree by consanguinity or affinity. If any lot is sold, given, or
4-8 otherwise transferred to an individual who is not related to the
4-9 owner within the third degree by consanguinity or affinity, the
4-10 platting requirements of this subchapter apply.
4-11 (f) The county may not require the owner of a tract of land
4-12 located outside the limits of a municipality who divides the tract
4-13 into two or more parts to have a plat of the subdivision prepared
4-14 if:
4-15 (1) all of the lots of the subdivision are more than
4-16 10 acres in area;
4-17 (2) the owner does not lay out streets, alleys,
4-18 squares, parks, or easements;
4-19 (3) not more than three lots are connected to an
4-20 existing road by a strip of land;
4-21 (4) the subdivision of the land, when viewed in
4-22 relation to adjacent lots, would not result in more than three
4-23 adjacent strips of land that connect the lots to an existing road;
4-24 and
4-25 (5) the strips of land that connect the lot to the
4-26 existing road:
4-27 (A) are at least 30 feet wide;
5-1 (B) provide at least 30 feet of lot frontage on
5-2 the road; and
5-3 (C) provide for reasonable vehicle access or are
5-4 suitable for the construction of a driveway.
5-5 SECTION 3. Subchapter A, Chapter 232, Local Government Code,
5-6 is amended by adding Section 232.0016 to read as follows:
5-7 Sec. 232.0016. REGISTRATION OF UNPLATTED SUBDIVISIONS. (a)
5-8 If a subdivision is not required to be platted under Section
5-9 232.0015, the commissioners court of the county may require the
5-10 owner of the land to register the subdivision with the county clerk
5-11 before any improvements are made to the land.
5-12 (b) To register a subdivision under this section, the owner
5-13 must provide the county clerk with a description of the land to be
5-14 subdivided. A survey, a metes and bounds description, or any other
5-15 description that would reasonably inform the county of the location
5-16 of the subdivision and the approximate location of the subdivided
5-17 lots is sufficient to meet the requirements of this subsection.
5-18 (c) A subdivision registered under this section is not
5-19 subject to the approval requirements of Section 232.003.
5-20 (d) The commissioners court of a county may not charge any
5-21 additional fee for registration of an unplatted subdivision.
5-22 SECTION 4. Subchapter A, Chapter 232, Local Government Code,
5-23 is amended by adding Section 232.0025 to read as follows:
5-24 Sec. 232.0025. TIMELY APPROVAL OF PLATS. (a) The
5-25 commissioners court of a county or a person designated by the
5-26 commissioners court shall issue a written list of the documentation
5-27 and other information that must be submitted with a plat
6-1 application. The documentation or other information must relate to
6-2 a requirement authorized under this section or other applicable
6-3 law. An application submitted to the commissioners court or the
6-4 person designated by the commissioners court that contains the
6-5 documents and other information on the list is considered complete.
6-6 (b) If a person submits a plat application to the
6-7 commissioners court that does not include all of the documentation
6-8 or other information required by Subsection (a), the commissioners
6-9 court or the court's designee shall, not later than the 10th
6-10 business day after the date the commissioners court receives the
6-11 application, notify the applicant of the missing documents or other
6-12 information. The commissioners court shall allow an applicant to
6-13 timely submit the missing documents or other information.
6-14 (c) An application is considered complete when all
6-15 documentation or other information required by Subsection (a) is
6-16 received.
6-17 (d) Except as provided by Subsection (f), the commissioners
6-18 court or the court's designee shall take final action on a plat
6-19 application, including the resolution of all appeals, not later
6-20 than the 60th day after the date a completed plat application is
6-21 received by the commissioners court or the court's designee.
6-22 (e) If the commissioners court or the court's designee
6-23 disapproves a plat application, the applicant shall be given a
6-24 complete list of the reasons for the disapproval.
6-25 (f) The 60-day period under Subsection (d):
6-26 (1) may be extended for a reasonable period, if
6-27 requested by the applicant;
7-1 (2) may be extended 30 additional days if Chapter
7-2 2007, Government Code, requires the county to perform a takings
7-3 impact assessment in connection with a plat application; and
7-4 (3) applies only to a decision wholly within the
7-5 control of the commissioners court or the court's designee.
7-6 (g) The commissioners court or the court's designee may not
7-7 compel an applicant to waive the time limits contained in this
7-8 section.
7-9 (h) If the commissioners court or the court's designee fails
7-10 to take final action on the plat as required by Subsection (d):
7-11 (1) the commissioners court shall refund the greater
7-12 of the unexpended portion of any plat application fee or deposit or
7-13 50 percent of a plat application fee or deposit that has been paid;
7-14 (2) the plat application is granted by operation of
7-15 law; and
7-16 (3) the applicant may apply to a district court in the
7-17 county where the plat is located for a writ of mandamus to compel
7-18 the commissioners court to issue documents recognizing the plat's
7-19 approval.
7-20 SECTION 5. Section 232.003, Local Government Code, is
7-21 amended to read as follows:
7-22 Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted
7-23 and entered in the minutes of the commissioners court, and after a
7-24 notice is published in a newspaper of general circulation in the
7-25 county, the commissioners court may:
7-26 (1) require a right-of-way on a street or road that
7-27 functions as a main artery in a subdivision, of a width of not less
8-1 than 50 feet or more than 100 feet;
8-2 (2) require a right-of-way on any other street or road
8-3 in a subdivision of not less than 40 feet or more than 70 feet;
8-4 (3) require that the shoulder-to-shoulder width on
8-5 collectors or main arteries within the right-of-way be not less
8-6 than 32 feet or more than 56 feet, and that the
8-7 shoulder-to-shoulder width on any other street or road be not less
8-8 than 25 feet or more than 35 feet;
8-9 (4) adopt, based on the amount and kind of travel over
8-10 each street or road in a subdivision, reasonable specifications
8-11 relating to the construction of each street or road;
8-12 (5) adopt reasonable specifications to provide
8-13 adequate drainage for each street or road in a subdivision in
8-14 accordance with standard engineering practices;
8-15 (6) require that each purchase contract made between a
8-16 subdivider and a purchaser of land in the subdivision contain a
8-17 statement describing the extent to which water will be made
8-18 available to the subdivision and, if it will be made available, how
8-19 and when; [and]
8-20 (7) require that the owner of the tract to be
8-21 subdivided execute a good and sufficient bond in the manner
8-22 provided by Section 232.004;
8-23 (8) provide for drainage in the subdivision to:
8-24 (A) efficiently manage the flow of storm water
8-25 runoff in the subdivision; and
8-26 (B) coordinate subdivision drainage with the
8-27 general storm drainage pattern for the area; and
9-1 (9) require that lot frontages on all streets and
9-2 roads in a subdivision be at least 15 feet in width.
9-3 SECTION 6. Section 232.004, Local Government Code, is
9-4 amended to read as follows:
9-5 Sec. 232.004. BOND REQUIREMENTS. If the commissioners court
9-6 requires the owner of the tract to execute a bond, the owner must
9-7 do so before subdividing the tract unless an alternative financial
9-8 guarantee is provided under Section 232.0045. The bond must:
9-9 (1) be payable to the county judge of the county in
9-10 which the subdivision will be located or to the judge's successors
9-11 in office;
9-12 (2) be in an amount determined by the commissioners
9-13 court to be adequate to ensure proper construction of the roads and
9-14 streets in and drainage requirements for the subdivision, but not
9-15 to exceed the estimated cost of construction of the roads, [and]
9-16 streets, and drainage requirements;
9-17 (3) be executed with sureties as may be approved by
9-18 the court;
9-19 (4) be executed by a company authorized to do business
9-20 as a surety in this state if the court requires a surety bond
9-21 executed by a corporate surety; and
9-22 (5) be conditioned that the roads and streets and the
9-23 drainage requirements for the subdivision will be constructed:
9-24 (A) in accordance with the specifications
9-25 adopted by the court; and
9-26 (B) within a reasonable time set by the court.
9-27 SECTION 7. Section 232.008, Local Government Code, is
10-1 amended by adding Subsection (h) to read as follows:
10-2 (h) The commissioners court may deny a cancellation under
10-3 this section if the commissioners court determines the cancellation
10-4 will prevent the interconnection of infrastructure to pending or
10-5 existing development.
10-6 SECTION 8. Section 232.009, Local Government Code, is
10-7 amended by amending Subsection (c) and adding Subsection (f) to
10-8 read as follows:
10-9 (c) After the application is filed with the commissioners
10-10 court, the court shall publish a notice of the application in a
10-11 newspaper of general circulation in the county. The notice must
10-12 include a statement of the time and place at which the court will
10-13 meet to consider the application and to hear protests to the
10-14 revision of the plat. The notice must be published at least three
10-15 times during the period that begins on the 30th day and ends on the
10-16 seventh day before the date of the meeting. Except as provided by
10-17 Subsection (f), if [If] all or part of the subdivided tract has
10-18 been sold to nondeveloper owners, the court shall also give notice
10-19 to each of those owners by certified or registered mail, return
10-20 receipt requested, at the owner's address in the subdivided tract.
10-21 (f) The commissioners court is not required to give notice
10-22 by mail under Subsection (c) if the plat revision only combines
10-23 existing tracts.
10-24 SECTION 9. (a) This Act takes effect September 1, 1997, and
10-25 applies only to land subdivided or a plat filed on or after that
10-26 date.
10-27 (b) Section 232.0025, Local Government Code, as added by
11-1 this Act, applies only to a plat application submitted to a county
11-2 on or after October 1, 1997. A plat application submitted to a
11-3 county before October 1, 1997, is governed by the law as it existed
11-4 immediately before the effective date of this Act, and that law is
11-5 continued in effect for that purpose.
11-6 SECTION 10. The importance of this legislation and the
11-7 crowded condition of the calendars in both houses create an
11-8 emergency and an imperative public necessity that the
11-9 constitutional rule requiring bills to be read on three several
11-10 days in each house be suspended, and this rule is hereby suspended.