Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Rangel                                       H.B. No. 2317

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to variances from platting requirements in economically

 1-3     distressed subdivisions.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 232.042, Local Government Code, is

 1-6     amended to read as follows:

 1-7           Sec. 232.042.  Variances.  (a)  On request of a subdivider or

 1-8     resident purchaser, the commissioners court may grant a delay or a

 1-9     variance from compliance with the platting requirements of Section

1-10     232.023 or the replatting requirements of Section 232.040 as

1-11     provided by this section.

1-12           (b)  The commissioners court may grant a delay of two years

1-13     for compliance with Section 232.040 if the reason for the delay is

1-14     to install utilities.  A subdivider or other person seeking to plat

1-15     or replat the subdivision may apply for one renewal of a delay

1-16     under this subsection.  To obtain an initial delay under this

1-17     subsection, a subdivider or other person seeking to plat or replat

1-18     the subdivision must:

1-19                 (1)  identify the affected utility providers;

1-20                 (2)  provide the terms and conditions on which service

1-21     may be provided; and

1-22                 (3)  provide a certified letter from each utility

1-23     provider stating that it has the right to serve the area and it

1-24     will serve the area.

 2-1           (c)  The commissioners court may grant a delay or a variance

 2-2     from the requirements of Section 232.040 for a reason other than a

 2-3     reason described by Subsection (b) if it is shown that compliance

 2-4     would be impractical or would be contrary to the health and safety

 2-5     of residents of the subdivision.  The commissioners court must

 2-6     issue written findings stating the reasons why compliance is

 2-7     impractical.

 2-8           (d)  The commissioners court may grant a delay or variance

 2-9     from compliance with the platting requirements of Section 232.023

2-10     only if the subdivision for which the delay or variance is sought

2-11     has been occupied or developed prior to platting to an extent that

2-12     makes compliance with certain platting provisions impractical.  The

2-13     commissioners court must issue written findings stating the reasons

2-14     why compliance is impractical.

2-15           [(d)] (e)  A delay or a variance granted by the commissioners

2-16     court is valid only if the commissioners court notifies the

2-17     attorney general of the delay or variance and the reasons for the

2-18     delay or variance not later than the 30th day after the date the

2-19     commissioners court grants the delay or variance.

2-20           [(e)] (f)  Until approved water and sewer services are made

2-21     available to the subdivision, the subdivider of land for which a

2-22     delay is granted under this section must provide at no cost to

2-23     residents:

2-24                 (1)  25 gallons of potable water a day for each

2-25     resident and a suitable container for storing the water; and

2-26                 (2)  suitable temporary sanitary wastewater disposal

2-27     facilities.

2-28           SECTION 2.  The importance of this legislation and the

2-29     crowded condition of the calendars in both houses create an

2-30     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended,

 3-3     and that this Act take effect and be in force from and after its

 3-4     passage, and it is so enacted.