By Wentworth                                    S.B. No. 1562

      75R7712 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to providing for public participation in municipal

 1-3     hearings to consider the replat of certain subdivisions.

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

 1-5           SECTION 1.  Section 212.014, Local Government Code, is

 1-6     amended to read as follows:

 1-7           Sec. 212.014.  REPLATTING WITHOUT VACATING PRECEDING PLAT.

 1-8     (a)  A replat of a subdivision or part of a subdivision may be

 1-9     recorded and is controlling over the preceding plat without

1-10     vacation of that plat if the replat:

1-11                 (1)  is signed and acknowledged by only the owners of

1-12     the property being replatted;

1-13                 (2)  is approved, after a public hearing on the matter

1-14     at which parties in interest and citizens have an opportunity to be

1-15     heard, by the municipal authority responsible for approving plats;

1-16     and

1-17                 (3)  does not attempt to amend or remove any covenants

1-18     or restrictions.

1-19           (b)  The municipal authority responsible for approving plats

1-20     shall develop and implement a policy to provide the public with a

1-21     reasonable opportunity to appear before the authority at a hearing

1-22     and to speak on any replat of a subdivision or part of a

1-23     subdivision on the authority's hearing agenda.

1-24           SECTION 2.  (a) This Act takes effect September 1, 1997.

 2-1           (b)  The municipal authority responsible for approving plats

 2-2     shall adopt a policy under Section 212.014(b), Local Government

 2-3     Code, as added by this Act, not later than October 1, 1997.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.