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


Senate Research CenterC.S.S.B. 710
76R7926 DRH-FBy: Wentworth
Intergovernmental Relations
3/25/1999
Committee Report (Substituted)


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. C.S.S.B. 710 would require
a plat to be filed when land is subdivided, whether or not land is set
aside for public use. 

PURPOSE

As proposed, C.S.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)-(g), to prohibit 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. 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. 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. 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. 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. 

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

Sec. 232.0025. TIMELY APPROVAL OF PLATS. 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. 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. Provides that an application is considered complete when all
documentation or other information required by Subsection (a) is received.
Requires the commissioners court or the court's designee to take final
action on a plat application, 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). 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. Provides that the 60-day period under Subsection (d) applies
to certain provisions. 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. 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 efficiently manage the flow of storm water
runoff in the subdivision, and coordinate subdivision drainage with the
general storm drainage pattern for the area. 

SECTION 5. 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 6. 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 7. 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 8. Effective date: September 1, 1999.
           Makes application of this Act prospective to October 1, 1999.

SECTION 9. Emergency clause.

 
SUMMARY OF COMMITTEE CHANGES

Relating clause.

 Amends the relating clause regarding the subdivision of land outside a
municipality. 

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 a certain layout.
Provides that a division of a tract under Subsection (a) includes a
division.  

SECTION 2.

Adds Section 232.0015(c), Local Government Code, to prohibit 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
subdivision prepared if certain conditions exist.  

Adds Section 232.0015(d), Local Government Code, to provide 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.  

Adds Section 232.0015(e), Local Government Code, to prohibit 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.  

Adds Section 232.0015(f), Local Government Code, to prohibit 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.  

Adds Section 232.0015(g), Local Government Code, to prohibit 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. 

SECTION 3.

Amends Chapter 232A, Local Government Code, by adding Section 232.0025,
regarding the timely approval of plats 

SECTION 4.

Amends Section 232.003(8), Local Government Code, to authorize the
commissioners court to adopt reasonable specifications that provide for
drainage in the subdivision to efficiently manage the flow of storm water
runoff in the subdivision, and coordinate subdivision drainage with the
general storm drainage pattern for the area. 

SECTION 5.

Amends Section 232.004, Local Government Code, to require the 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. 

SECTION 6.

Amends Section 232.008, Local Government Code, 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 7.

Adds Section 232.009(f), Local Government Code, to provide that the
commissioners court is not required to give notice by mail under Subsection
(c), if the plat revision only combines existing tracts. Makes conforming
changes. 

SECTION 8.

 Adds Subsection (b), to make application of this Act prospective to
October 1, 1999. 

SECTION 9.
 
 Adds Emergency clause.