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.