By Truan S.B. No. 570
75R697 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of subdivisions in certain economically
1-3 distressed counties; providing civil and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 232, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. ALTERNATE SUBDIVISION PLATTING REQUIREMENTS
1-8 IN CERTAIN OTHER ECONOMICALLY DISTRESSED COUNTIES
1-9 Sec. 232.071. APPLICABILITY. This subchapter applies only
1-10 to the subdivision of land located:
1-11 (1) outside a municipality or the extraterritorial
1-12 jurisdiction of a municipality; and
1-13 (2) in a county:
1-14 (A) eligible for financial assistance under
1-15 Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
1-16 Code; and
1-17 (B) to which Subchapter B does not apply.
1-18 Sec. 232.072. PLAT REQUIRED. (a) The owner of a tract of
1-19 land that divides the tract in any manner that creates lots of five
1-20 acres or less intended for residential purposes must have a plat of
1-21 the subdivision prepared. A subdivision of a tract under this
1-22 section includes a subdivision of real property by any method of
1-23 conveyance, including a contract for deed, oral contract, contract
1-24 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) Except as provided by Subsection (c), a plat required
2-3 under this section must:
2-4 (1) include on the plat or have attached to the plat a
2-5 document containing a description of the water and sewer service
2-6 facilities that will be constructed or installed to service the
2-7 subdivision and a statement of the date by which the facilities
2-8 will be fully operable; and
2-9 (2) have attached to the plat a document prepared by
2-10 an engineer registered to practice in this state certifying that
2-11 the water and sewer service facilities described by the plat or the
2-12 document attached to the plat are in compliance with the model
2-13 rules adopted under Section 16.343, Water Code.
2-14 (c) A plat required under this section does not have to meet
2-15 the requirements of Subsection (b) if:
2-16 (1) on the plat appears a statement that water and
2-17 sewer service facilities are unnecessary for the subdivision; and
2-18 (2) attached to the plat is a document prepared by an
2-19 engineer registered to practice in this state certifying that water
2-20 and sewer service facilities are unnecessary for the subdivision
2-21 under the model rules adopted under Section 16.343, Water Code.
2-22 (d) A plat required under this section must be filed and
2-23 recorded with the county clerk of the county in which the tract is
2-24 located. The plat is subject to the filing and recording
2-25 provisions of Section 12.002, Property Code.
2-26 Sec. 232.073. APPROVAL BY COUNTY REQUIRED. A plat filed
2-27 under Section 232.072 is not valid unless the commissioners court
3-1 of the county in which the land is located approves the plat by an
3-2 order entered in the minutes of the court. The commissioners court
3-3 shall refuse to approve a plat if it does not meet the requirements
3-4 prescribed by or under this subchapter or if any bond required
3-5 under this subchapter is not filed with the county clerk.
3-6 Sec. 232.074. BOND REQUIREMENTS. (a) Unless a person has
3-7 completed the installation of all water and sewer service
3-8 facilities required by this subchapter on the date that person
3-9 applies for final approval of a plat under Section 232.073, the
3-10 commissioners court shall require the subdivider of the tract to
3-11 execute and maintain in effect a bond or, in the alternative, a
3-12 person may make a cash deposit in an amount the commissioners court
3-13 determines will ensure compliance with this subchapter. A person
3-14 may not meet the requirements of this subsection through the use of
3-15 a letter of credit unless that letter of credit is irrevocable and
3-16 issued by an institution guaranteed by the Federal Deposit
3-17 Insurance Corporation. The subdivider must comply with the
3-18 requirement before subdividing the tract.
3-19 (b) The bond must be conditioned on the construction or
3-20 installation of water and sewer service facilities that will be in
3-21 compliance with the model rules adopted under Section 16.343, Water
3-22 Code.
3-23 Sec. 232.075. WATER AND SEWER SERVICE EXTENSION. (a) The
3-24 commissioners court may extend, beyond the date specified on the
3-25 plat or on the document attached to the plat, the date by which the
3-26 water and sewer service facilities must be fully operable if the
3-27 commissioners court finds the extension is reasonable and not
4-1 contrary to the public interest.
4-2 (b) The commissioners court may not grant an extension under
4-3 Subsection (a) if it would allow an occupied residence to be
4-4 without water or sewer services.
4-5 Sec. 232.076. CERTIFICATION REGARDING COMPLIANCE WITH PLAT
4-6 REQUIREMENTS. (a) On the approval of a plat by the commissioners
4-7 court, the commissioners court shall issue to the person applying
4-8 for the approval a certificate stating that the plat has been
4-9 reviewed and approved by the commissioners court.
4-10 (b) On its own motion or on the written request of a
4-11 subdivider, an owner or resident of a lot in a subdivision, or an
4-12 entity that provides a utility service, the commissioners court
4-13 shall:
4-14 (1) determine whether a plat is required under this
4-15 subchapter for an identified tract of land that is located within
4-16 the jurisdiction of the county; and
4-17 (2) if a plat is required for the identified tract,
4-18 determine whether a plat has been reviewed and approved by the
4-19 commissioners court.
4-20 (c) The request made under Subsection (b) must adequately
4-21 identify the land that is the subject of the request.
4-22 (d) Whenever a request is made under Subsection (b), the
4-23 commissioners court shall issue the requesting party a written
4-24 certification of its determinations.
4-25 (e) The commissioners court shall make its determinations
4-26 within 20 days after the date it receives the request under
4-27 Subsection (b) and shall issue the certificate, if appropriate,
5-1 within 10 days after the date the determinations are made.
5-2 (f) The commissioners court may adopt rules it considers
5-3 necessary to administer its duties under this section.
5-4 Sec. 232.077. CONNECTION OF UTILITIES IN CERTAIN COUNTIES.
5-5 (a) This section applies only to a tract of land for which a plat
5-6 is required under this subchapter.
5-7 (b) An entity described by Subsection (c) may not serve or
5-8 connect any land with water, sewer, electricity, gas, or other
5-9 utility service unless the entity has been presented with or
5-10 otherwise holds a certificate applicable to the land issued under
5-11 Section 232.076 stating that a plat has been reviewed and approved
5-12 for the land.
5-13 (c) The prohibition established by Subsection (b) applies
5-14 only to:
5-15 (1) a municipality and officials of a municipality
5-16 that provides water, sewer, electricity, gas, or other utility
5-17 service;
5-18 (2) a municipally owned or municipally operated
5-19 utility that provides any of those services;
5-20 (3) a public utility that provides any of those
5-21 services;
5-22 (4) a water supply or sewer service corporation
5-23 organized and operating under Chapter 76, Acts of the 43rd
5-24 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
5-25 Texas Civil Statutes), that provides any of those services;
5-26 (5) a county that provides any of those services; and
5-27 (6) a special district or authority created by or
6-1 under state law that provides any of those services.
6-2 (d) The prohibition established by Subsection (b) applies
6-3 only to land that an entity described by Subsection (c) first
6-4 serves or first connects with services:
6-5 (1) between September 1, 1989, and June 16, 1995; or
6-6 (2) after the effective date of this subchapter.
6-7 Sec. 232.078. CONFLICT OF INTEREST; PENALTY. Section
6-8 232.034 applies to a county in which this subchapter applies.
6-9 Sec. 232.079. CIVIL PENALTIES. (a) A subdivider or an
6-10 agent of a subdivider may not cause, suffer, allow, or permit a lot
6-11 to be sold in a subdivision if the subdivision has not been platted
6-12 as required by this subchapter.
6-13 (b) A subdivider who fails to provide, in the time and
6-14 manner described in the plat, for the construction or installation
6-15 of water or sewer service facilities described on the plat or on
6-16 the document attached to the plat or who otherwise violates this
6-17 subchapter or a rule or requirement adopted by the commissioners
6-18 court under this subchapter is subject to a civil penalty of not
6-19 less than $500 or more than $1,000 for each violation and for each
6-20 day of a continuing violation but not to exceed $5,000 each day and
6-21 shall also pay court costs, investigative costs, and attorney's
6-22 fees for the governmental entity bringing the suit.
6-23 (c) Venue for an action under this section is in a district
6-24 court of Travis County, a district court in the county in which the
6-25 defendant resides, or a district court in the county in which the
6-26 violation or threat of violation occurs.
6-27 Sec. 232.080. ENFORCEMENT. (a) The attorney general, or
7-1 the district attorney, criminal district attorney, or county
7-2 attorney, may take any action necessary in a court of competent
7-3 jurisdiction on behalf of the state or on behalf of residents to:
7-4 (1) enjoin the violation or threatened violation of
7-5 applicable model rules adopted under Section 16.343, Water Code;
7-6 (2) enjoin the violation or threatened violation of a
7-7 requirement of this subchapter or a rule adopted by the
7-8 commissioners court under this subchapter;
7-9 (3) recover civil or criminal penalties, attorney's
7-10 fees, litigation costs, and investigation costs; and
7-11 (4) require platting as required by this subchapter.
7-12 (b) During the pendency of any enforcement action brought,
7-13 any resident of the affected subdivision, or the attorney general,
7-14 district attorney, or county attorney on behalf of a resident, may
7-15 file a motion against the provider of utilities to halt termination
7-16 of preexisting utility services. The services may not be
7-17 terminated if the court makes an affirmative finding after hearing
7-18 the motion that termination poses a threat to public health or to
7-19 the health, safety, or welfare of the residents. This subsection
7-20 does not prohibit a provider of utilities from terminating services
7-21 under other law to a resident who has failed to timely pay for
7-22 services.
7-23 SECTION 2. The importance of this legislation and the
7-24 crowded condition of the calendars in both houses create an
7-25 emergency and an imperative public necessity that the
7-26 constitutional rule requiring bills to be read on three several
7-27 days in each house be suspended, and this rule is hereby suspended,
8-1 and that this Act take effect and be in force from and after its
8-2 passage, and it is so enacted.