HBA-NLM, ALS C.S.H.B. 1563 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1563 By: Bosse Land & Resource Management 5/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a plat, replat, vacation of a plat, or amendment of a plat on a parcel of real property can be approved by a municipality or a commissioners court even if there are delinquent ad valorem taxes owed on the property. The purpose of this bill is to prevent the subdivision of a plat of property until all delinquent property taxes have been paid. C.S.H.B. 1563 prohibits a county clerk or deputy from recording a plat or replat unless it is approved as provided by law by the appropriate authority and unless the plat or replat has attached to it the documents required by the Local Government Code. In addition, this bill prohibits a person from filing for record or having recorded in the county clerk's office a plat or replat of a subdivision of real property unless the plat or replat has attached to it a original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the real property. This provision does not apply if more than one person acquired the real property from a decedent under a will or by inheritance and those persons owning an undivided interest in the property obtained approval to subdivide the property to provide each person with a divided interest and a separate title to the property. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.002, Property Code, as follows: (a) Prohibits a county clerk or deputy from recording a plat or replat unless it is approved as provided by law by the appropriate authority and unless the plat or replat has attached to it the documents required by Subsection (e) or Section 232.023 (Plat Required), Local Government Code, rather than 232.0035. Makes nonsubstantive changes. (b) Makes a conforming change. (c) Makes a conforming change. (e) Prohibits a person from filing for record or having recorded in the county clerk's office a plat or replat of a subdivision of real property unless the plat or replat has attached to it an original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the real property. Provides that this subsection does not apply if more than one person acquired the real property from a decedent under a will or by inheritance and those persons owning an undivided interest in the property obtained approval to subdivide the property to provide each person with a divided interest and a separate title to the property. (f) Redesignated from existing Subsection (e). Provides that a person commits an offense if the person violates Subsection (e). Makes a nonsubstantive change. (g) Redesignated from existing Subsection (f). SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1563 modifies the original by adding a new SECTION 1 (Section 12.002, Property Code) to prohibit a county clerk or deputy from recording a plat or replat unless it is approved as provided by law by the appropriate authority and unless the plat or replat has attached to it the documents required by Subsection (e) or Section 232.023, Local Government Code, rather than 232.0035. The substitute prohibits a person from filing for record or having recorded in the county clerk's office a plat or replat of a subdivision of real property unless the plat or replat has attached to it an original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the real property, and provides that a person commits an offense if the person violates this provision. The substitute provides that this section does not apply if more than one person acquired the real property from a decedent under a will or by inheritance and those persons owning an undivided interest in the property obtained approval to subdivide the property to provide each person with a divided interest and a separate title to the property. In addition, the substitute makes conforming and nonsubstantive changes. C.S.H.B. 1563 removes SECTION 1 of the original, which amended Subchapter Z, Chapter 212, Local Government Code, by adding Section 212.905, as follows: Sec. 212.905. TAX CERTIFICATES REQUIRED. Prohibits a municipal authority from approving a plat, replat, vacation of a plat, or amendment of a plat of real property under this chapter unless the person who requests the approval submits an original tax certificate from each taxing unit with jurisdiction of the property showing that the real property has no delinquent ad valorem taxes. Provides that this section does not apply in a case in which more than one person acquired an undivided interest in the real property under a will or by inheritance and those persons request approval to subdivide the property in order to provide each person with a divided interest and a separate title to the property. C.S.H.B. 1563 removes SECTION 2 of the original, which amended Subchapter Z, Chapter 232, Local Government Code, by adding Section 232.901, as follows: SUBCHAPTER Z. MISCELLANEOUS Sec. 232.901. TAX CERTIFICATES REQUIRED. Prohibits the commissioners court of a county from approving a plat, replat, vacation of a plat, or amendment of a plat of real property under this chapter unless the person who requests the approval submits an original tax certificate from each taxing unit with jurisdiction of the property showing that the real property has no delinquent ad valorem taxes. Provides that this section does not apply in a case in which more than one person acquired an undivided interest in the real property under a will or by inheritance and those persons request approval to subdivide the property in order to provide each person with a divided interest and a separate title to the property. C.S.H.B. 1563 redesignates SECTION 3 (effective date) of the original to new SECTION 2 in the substitute, and deletes text regarding the specific application of this Act. C.S.H.B. 1563 redesignates SECTION 4 (emergency clause) of the original to new SECTION 3 in the substitute.