Senate Research Center   S.B. 710
By: Wentworth
Intergovernmental Relations
As Filed


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 would require a
plat to be filed when land is subdivided, whether or not land is set aside
for public use. 


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


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


SECTION 1. Amends Section 232.001(a), Local Government Code, to provide
that the owner of a tract of land located outside the limits of a
municipality who divides the tract into two or more parts to lay out a
subdivision of the tract, including an addition, to lay out suburban lots
or building lots, or, rather than and, to lay out streets, alleys, squares,
parks, or other parts of the tract intended to be dedicated to public use
or for the use of purchasers or owners of lots fronting on or adjacent to
the streets, alleys, squares, parks, or other parts of the tract, must have
a plat of the subdivision prepared. Makes a conforming change. 

SECTION 2. Effective date: September 1, 1999.
           Makes application of this Act prospective.