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.