SRC-JXG S.B. 710 76(R)BILL ANALYSIS


Senate Research CenterS.B. 710
By: Wentworth
Intergovernmental Relations
7/6/1999
Enrolled


DIGEST 

Currently, a developer who subdivides property, but does not dedicate land
for public roads or other infrastructure is not required to file a plat,
which means a project could be completed without notifying a public entity.
The Elgin Bank v. Travis County court decision created a loophole in the
county subdivision authority, which allows developments to bypass the
subdivision platting process. Attorneys for Elgin Bank interpreted Section
232.001, Local Government Code, to mean that a plat had to be filed with
the county, only if the owner subdivided land and dedicated land for public
use, such as roads or streets. Otherwise, the county could not require a
plat to be filed. Travis County requires a plat in almost all instances to
be filed when land is subdivided, regardless of whether or not land in the
subdivision is dedicated for public use. This requires the developer to
provide basic infrastructure requirements that meet minimal road, drainage,
water and wastewater needs for the subdivision.  S.B. 710 will require a
plat to be filed when land is subdivided, whether or not land is set aside
for public use. 

PURPOSE

As enrolled, S.B. 710 requires a plat to be filed for certain subdivisions
outside a municipality. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 232.001, Local Government Code, by amending
Subsection (a) and adding Subsection (a-1), to require the owner of a tract
of land located outside the limits of a municipality to have a plat of the
subdivision prepared, if the owner divides the tract into certain parts.
Provides that a division of a tract under Subsection (a), rather than this
subsection, includes a division. Deletes text regarding laying out lots or
buildings. Makes a conforming change. 

SECTION 2. Amends Section 232.0015, Local Government Code, by adding
Subsections (c)-(k), as follows: 

(c) Prohibits a county from requiring the owner of a tract of land located
outside the limits of a  municipality who divides the tract into two or
more parts to have a plat of the subdivision prepared if certain conditions
exist.  

(d) Provides that the platting requirements of this subchapter apply, if a
tract described by Subsection (c) ceases to be used primarily for
agricultural use or for farm, ranch, wildlife management, or timber
production use.  

(e) Prohibits a county from requiring the owner of a tract of land located
outside the limits of a municipality who divides the tract into four or
fewer parts and does not lay out a part of the tract described by Section
232.001(a)(3), to have a plat of the subdivision prepared if each of the
lots is to be sold, given, or otherwise transferred to an individual who is
related to the owner within the third degree by consanguinity or affinity,
as determined under Chapter 573, Government Code. Provides that the
platting requirements of this subchapter apply, if any lot is sold, given,
or otherwise transferred to an individual who is not related to  the owner
within the third degree by consanguinity or affinity.  

(f) Prohibits a county from requiring the owner of a tract of land located
outside the limits of a municipality who divides the tract into two or more
parts to have a plat of the subdivision prepared, if certain conditions
exist.  

(g) Prohibits a county from requiring the owner of a tract of land located
outside the limits of a municipality who divides the tract into two or more
parts and does not lay out a part of the tract described by Section
232.001(a)(3), to have a plat of the subdivision prepared if all the lots
are sold to veterans through the Veterans' Land Board program. 

(h) Prohibits the provisions of this subchapter from applying to a
subdivision of any tract of land belonging to the state or any state
agency, board, or commission or owned by the permanent school fund or any
other dedicated funds of the state unless the subdivision lays out a part
of the tract described by Section 232.001(a)(3). 

(i) Prohibits a county from requiring the owner of a tract of land located
outside the limits of a municipality who divides the tract into two or more
parts to have a plat of the subdivision prepared if certain conditions
exist. 

(j) Prohibits a county from requiring the owner of a tract of land located
outside the limits of a municipality who divides the tract into two parts
to have a plat of the subdivision prepared if certain conditions exist. 

(k) Prohibits a county from requiring the owner of a tract of land located
outside the limits of a municipality who divides the tract into two or more
parts to have a plat of the subdivision prepared if certain conditions
exist. 

SECTION 3. Amends Chapter 232A, Local Government Code, by adding Section
232.0025, as follows: 

Sec. 232.0025. TIMELY APPROVAL OF PLATS.  (a) Requires the commissioners
court of a county or a person designated by the commissioners court to
issue a written list of the documentation and other information that must
be submitted with a plat application. Requires the documentation or other
information to relate to a requirement authorized under this section or
other applicable law. Provides that an application submitted to the
commissioners court or the person designated by the commissioners court
that contains the documents and other information on the list is considered
complete.  

(b) Requires the commissioners court or the court's designee, no later than
the 10th business day after the date the commissioners court receives the
application, to notify the applicant of the missing documents or other
information, if a person submits a plat application to the commissioners
court that does not include all of the documentation or other information
required by Subsection (a). Requires the commissioners court to allow an
applicant to timely submit the missing documents or other information.  

(c) Provides that an application is considered complete when all
documentation or other information required by Subsection (a) is received.
Prohibits acceptance by the commissioners court or the court's designee of
a completed plat application with the documentation or other information
required by Subsection (a) from being construed as approval of the
documentation or other information.  

(d) Requires the commissioners court or the court's designee to take final
action on a plat application, including the resolution of all appeals, no
later than the 60th day after the date a completed plat application is
received by the commissioners court or the court's designee, except as
provided by Subsection (f). 

(e) Requires the applicant to be given a complete list of the reasons for
the disapproval, if the commissioners court or the court's designee
disapproves a plat application.  
  (f) Provides that the 60-day period under Subsection (d) applies to
certain provisions.  

(g) Requires the commissioners court or the court's designee to make the
determination under Subsection (f)(2) of whether the 60-day period will be
extended no later than the 20th day after the date a completed plat
application is received by the commissioners court or the court's designee.

(h) Prohibits the commissioners court or the court's designee from
compelling an applicant to waive the time limits contained in this section.
Provides that if the commissioners court or the court's designee fails to
take final action on the plat as required by Subsection (d), certain
actions can be taken. 

SECTION 4. Amends Section 232.003, Local Government Code, to authorize the
commissioners court to adopt reasonable specifications that provide for
drainage in the subdivision to meet certain conditions, and require lot and
block monumentation to be set by a registered professional surveyor before
recordation of the plat. 

SECTION 5. Amends Chapter 232A, Local Government Code, by adding Section
232.0031, as follows: 

Sec. 232.0031.  STANDARD FOR ROADS IN SUBDIVISION.  Prohibits a county from
imposing under Section 232.003 a higher standard for streets or roads in a
subdivision than the county imposes on itself for the construction of
streets or roads with a similar type and amount of traffic. 

SECTION 6. Amends Section 232.004, Local Government Code, to require a bond
to be in an amount determined by the commissioners court to be adequate to
ensure proper construction of the roads and streets in and drainage
requirements for the subdivision. Makes conforming and nonsubstantive
changes. 

SECTION 7. Amends Section 232.008, Local Government Code, by adding
Subsection (h), to authorize the commissioners court to deny a cancellation
under this section, if the commissioners court determines the cancellation
will prevent the proposed interconnection of infrastructure to pending or
existing development. 

SECTION 8.  Amends Section 232.009, Local Government Code, by amending
Subsection (c) and adding Subsection (f), to require the court to also give
notice to each of the owners by certified or registered mail, except as
provided by Subsection (f). Provides that the commissioners court is not
required to give notice by mail under Subsection (c), if the plat revision
only combines existing tracts. 

SECTION 9. Amends Section 232.028, Local Government Code, by adding
Subsection (g), to prohibit a commissioners court from imposing a fee for a
certificate issued under this section for a subdivision part of which is
located in the extraterritorial jurisdiction of a municipality and part of
which is not located in the extraterritorial jurisdiction of the
municipality.  Prohibits the amount of the fee from being greater than the
amount of the fee imposed by the municipality for a subdivision that is
located entirely in the extraterritorial jurisdiction of the municipality
for a certificate issued under Section 212.0115.  Provides that a person
who obtains a certificate under this section is not required to obtain a
certificate under Section 212.0115. 

SECTION 10. Effective date: September 1, 1999.
           Makes application of Section 232.0025, Local Government Code,
prospective to October 1, 1999. 

SECTION 11. Emergency clause.