AN ACT
1-1 relating to the regulation of subdivisions in certain economically
1-2 distressed counties; providing civil and criminal penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 232, Local Government Code, is amended by
1-5 adding Subchapter C to read as follows:
1-6 SUBCHAPTER C. ALTERNATE SUBDIVISION PLATTING REQUIREMENTS
1-7 IN CERTAIN OTHER ECONOMICALLY DISTRESSED COUNTIES
1-8 Sec. 232.071. APPLICABILITY. This subchapter applies only
1-9 to the subdivision of land located:
1-10 (1) outside a municipality or the extraterritorial
1-11 jurisdiction of a municipality; and
1-12 (2) in a county:
1-13 (A) eligible for financial assistance under
1-14 Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
1-15 Code; and
1-16 (B) to which Subchapter B does not apply.
1-17 Sec. 232.072. PLAT REQUIRED. (a) The owner of a tract of
1-18 land that divides the tract in any manner that creates lots of five
1-19 acres or less intended for residential purposes must have a plat of
1-20 the subdivision prepared. A subdivision of a tract under this
1-21 section includes a subdivision of real property by any method of
1-22 conveyance, including a contract for deed, oral contract, contract
1-23 of sale, or other type of executory contract, regardless of whether
2-1 the subdivision is made by using a metes and bounds description.
2-2 (b) A plat required under this section must:
2-3 (1) include on the plat or have attached to the plat a
2-4 document containing a description of the water and sewer service
2-5 facilities that will be constructed or installed to service the
2-6 subdivision and a statement of the date by which the facilities
2-7 will be fully operable; and
2-8 (2) have attached to the plat a document prepared by
2-9 an engineer registered to practice in this state certifying that
2-10 the water and sewer service facilities described by the plat or the
2-11 document attached to the plat are in compliance with the model
2-12 rules adopted under Section 16.343, Water Code.
2-13 (c) A plat required under this section must be filed and
2-14 recorded with the county clerk of the county in which the tract is
2-15 located. The plat is subject to the filing and recording
2-16 provisions of Section 12.002, Property Code.
2-17 Sec. 232.073. APPROVAL BY COUNTY REQUIRED. A plat filed
2-18 under Section 232.072 is not valid unless the commissioners court
2-19 of the county in which the land is located approves the plat by an
2-20 order entered in the minutes of the court. The commissioners court
2-21 shall refuse to approve a plat if it does not meet the requirements
2-22 prescribed by or under this subchapter or if any bond required
2-23 under this subchapter is not filed with the county clerk.
2-24 Sec. 232.074. BOND REQUIREMENTS. (a) Unless a person has
2-25 completed the installation of all water and sewer service
3-1 facilities required by this subchapter on the date that person
3-2 applies for final approval of a plat under Section 232.073, the
3-3 commissioners court shall require the subdivider of the tract to
3-4 execute and maintain in effect a bond or, in the alternative, a
3-5 person may make a cash deposit in an amount the commissioners court
3-6 determines will ensure compliance with this subchapter. A person
3-7 may not meet the requirements of this subsection through the use of
3-8 a letter of credit unless that letter of credit is irrevocable and
3-9 issued by an institution guaranteed by the Federal Deposit
3-10 Insurance Corporation. The subdivider must comply with the
3-11 requirement before subdividing the tract.
3-12 (b) The bond must be conditioned on the construction or
3-13 installation of water and sewer service facilities that will be in
3-14 compliance with the model rules adopted under Section 16.343, Water
3-15 Code.
3-16 Sec. 232.075. WATER AND SEWER SERVICE EXTENSION. (a) The
3-17 commissioners court may extend, beyond the date specified on the
3-18 plat or on the document attached to the plat, the date by which the
3-19 water and sewer service facilities must be fully operable if the
3-20 commissioners court finds the extension is reasonable and not
3-21 contrary to the public interest.
3-22 (b) The commissioners court may not grant an extension under
3-23 Subsection (a) if it would allow an occupied residence to be
3-24 without water or sewer services.
3-25 Sec. 232.076. CERTIFICATION REGARDING COMPLIANCE WITH PLAT
4-1 REQUIREMENTS. (a) On the approval of a plat by the commissioners
4-2 court, the commissioners court shall issue to the person applying
4-3 for the approval a certificate stating that the plat has been
4-4 reviewed and approved by the commissioners court.
4-5 (b) On its own motion or on the written request of a
4-6 subdivider, an owner or resident of a lot in a subdivision, or an
4-7 entity that provides a utility service, the commissioners court
4-8 shall:
4-9 (1) determine whether a plat is required under this
4-10 subchapter for an identified tract of land that is located within
4-11 the jurisdiction of the county; and
4-12 (2) if a plat is required for the identified tract,
4-13 determine whether a plat has been reviewed and approved by the
4-14 commissioners court.
4-15 (c) The request made under Subsection (b) must adequately
4-16 identify the land that is the subject of the request.
4-17 (d) Whenever a request is made under Subsection (b), the
4-18 commissioners court shall issue the requesting party a written
4-19 certification of its determinations.
4-20 (e) The commissioners court shall make its determinations
4-21 within 20 days after the date it receives the request under
4-22 Subsection (b) and shall issue the certificate, if appropriate,
4-23 within 10 days after the date the determinations are made.
4-24 (f) The commissioners court may adopt rules it considers
4-25 necessary to administer its duties under this section.
5-1 Sec. 232.077. CONNECTION OF UTILITIES IN CERTAIN COUNTIES.
5-2 (a) This section applies only to a tract of land for which a plat
5-3 is required under this subchapter.
5-4 (b) An entity described by Subsection (c) may not serve or
5-5 connect any land with water, sewer, electricity, gas, or other
5-6 utility service unless the entity has been presented with or
5-7 otherwise holds a certificate applicable to the land issued under
5-8 Section 232.076 stating that a plat has been reviewed and approved
5-9 for the land.
5-10 (c) The prohibition established by Subsection (b) applies
5-11 only to:
5-12 (1) a municipality, and officials of the municipality,
5-13 that provides water, sewer, electricity, gas, or other utility
5-14 service;
5-15 (2) a municipally owned or municipally operated
5-16 utility that provides any of those services;
5-17 (3) a public utility that provides any of those
5-18 services;
5-19 (4) a water supply or sewer service corporation
5-20 organized and operating under Chapter 76, Acts of the 43rd
5-21 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
5-22 Texas Civil Statutes), that provides any of those services;
5-23 (5) a county that provides any of those services; and
5-24 (6) a special district or authority created by or
5-25 under state law that provides any of those services.
6-1 (d) The prohibition established by Subsection (b) applies
6-2 only to land that an entity described by Subsection (c) first
6-3 serves or first connects with services:
6-4 (1) between September 1, 1989, and June 16, 1995; or
6-5 (2) after the effective date of this subchapter.
6-6 Sec. 232.078. CONFLICT OF INTEREST; PENALTY. (a) In this
6-7 section, "subdivided tract" means a tract of land, as a whole, that
6-8 is subdivided into tracts or lots. The term does not mean an
6-9 individual lot in a subdivided tract of land.
6-10 (b) A person has an interest in a subdivided tract if the
6-11 person:
6-12 (1) has an equitable or legal ownership interest in
6-13 the tract;
6-14 (2) acts as a developer of the tract;
6-15 (3) owns voting stock or shares of a business entity
6-16 that:
6-17 (A) has an equitable or legal ownership interest
6-18 in the tract; or
6-19 (B) acts as a developer of the tract; or
6-20 (4) receives in a calendar year money or any thing of
6-21 value from a business entity described by Subdivision (3).
6-22 (c) A person also is considered to have an interest in a
6-23 subdivided tract if the person is related in the second degree by
6-24 consanguinity or affinity, as determined under Chapter 573,
6-25 Government Code, to a person who, under Subsection (b), has an
7-1 interest in the tract.
7-2 (d) If a member of the commissioners court has an interest
7-3 in a subdivided tract, the member shall file, before a vote or
7-4 decision regarding the approval of a plat for the tract, an
7-5 affidavit with the county clerk stating the nature and extent of
7-6 the interest and shall abstain from further participation in the
7-7 matter. The affidavit must be filed with the county clerk.
7-8 (e) A member of the commissioners court of a county commits
7-9 an offense if the member violates Subsection (d). An offense under
7-10 this subsection is a Class A misdemeanor.
7-11 (f) The finding by a court of a violation of this section
7-12 does not render voidable an action of the commissioners court
7-13 unless the measure would not have passed the commissioners court
7-14 but for the vote of the member who violated this section.
7-15 (g) A conviction under Subsection (e) constitutes official
7-16 misconduct by the member and is grounds for removal from office.
7-17 Sec. 232.079. CIVIL PENALTIES. (a) A subdivider or an
7-18 agent of a subdivider may not cause, suffer, allow, or permit a lot
7-19 to be sold in a subdivision if the subdivision has not been platted
7-20 as required by this subchapter.
7-21 (b) A subdivider who fails to provide, in the time and
7-22 manner described in the plat, for the construction or installation
7-23 of water or sewer service facilities described on the plat or on
7-24 the document attached to the plat or who otherwise violates this
7-25 subchapter or a rule or requirement adopted by the commissioners
8-1 court under this subchapter is subject to a civil penalty of not
8-2 less than $500 or more than $1,000 for each violation and for each
8-3 day of a continuing violation but not to exceed $5,000 each day and
8-4 shall also pay court costs, investigative costs, and attorney's
8-5 fees for the governmental entity bringing the suit.
8-6 (c) Venue for an action under this section is in a district
8-7 court of Travis County, a district court in the county in which the
8-8 defendant resides, or a district court in the county in which the
8-9 violation or threat of violation occurs.
8-10 Sec. 232.080. ENFORCEMENT. (a) The attorney general, or
8-11 the district attorney, criminal district attorney, or county
8-12 attorney, may take any action necessary in a court of competent
8-13 jurisdiction on behalf of the state or on behalf of residents to:
8-14 (1) enjoin the violation or threatened violation of
8-15 applicable model rules adopted under Section 16.343, Water Code;
8-16 (2) enjoin the violation or threatened violation of a
8-17 requirement of this subchapter or a rule adopted by the
8-18 commissioners court under this subchapter;
8-19 (3) recover civil or criminal penalties, attorney's
8-20 fees, litigation costs, and investigation costs; and
8-21 (4) require platting as required by this subchapter.
8-22 (b) During the pendency of any enforcement action brought,
8-23 any resident of the affected subdivision, or the attorney general,
8-24 district attorney, or county attorney on behalf of a resident, may
8-25 file a motion against the provider of utilities to halt termination
9-1 of preexisting utility services. The services may not be
9-2 terminated if the court makes an affirmative finding after hearing
9-3 the motion that termination poses a threat to public health or to
9-4 the health, safety, or welfare of the residents. This subsection
9-5 does not prohibit a provider of utilities from terminating services
9-6 under other law to a resident who has failed to timely pay for
9-7 services.
9-8 SECTION 2. The importance of this legislation and the
9-9 crowded condition of the calendars in both houses create an
9-10 emergency and an imperative public necessity that the
9-11 constitutional rule requiring bills to be read on three several
9-12 days in each house be suspended, and this rule is hereby suspended,
9-13 and that this Act take effect and be in force from and after its
9-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 570 passed the Senate on
March 26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 570 passed the House on
May 13, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor