By Cuellar, Gutierrez, Hill, Flores, H.B. No. 52
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expansion of subdivision requirements in counties
1-3 near an international border and the establishment of a county
1-4 planning commission in those counties to regulate subdivision
1-5 platting and development.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. The heading to Subchapter B, Chapter 232, Local
1-8 Government Code, is amended to read as follows:
1-9 SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR
1-10 INTERNATIONAL BORDER [ECONOMICALLY DISTRESSED COUNTIES]
1-11 SECTION 2. Section 232.021, Local Government Code, is
1-12 amended to read as follows:
1-13 Sec. 232.021. DEFINITIONS. In this subchapter:
1-14 (1) ["Affected county" means a county:]
1-15 [(A) that has a per capita income that averaged
1-16 25 percent below the state average for the most recent three
1-17 consecutive years for which statistics are available and an
1-18 unemployment rate that averaged 25 percent above the state average
1-19 for the most recent three consecutive years for which statistics
1-20 are available; and]
1-21 [(B) any part of which is within 50 miles of an
1-22 international border.]
1-23 [(2)] "Board" means the Texas Water Development Board.
1-24 (2) [(3)] "Common promotional plan" means any plan or
1-25 scheme of operation undertaken by a single subdivider or a group of
2-1 subdividers acting in concert, either personally or through an
2-2 agent, to offer for sale or lease lots when the land is:
2-3 (A) contiguous or part of the same area of land;
2-4 or
2-5 (B) known, designated, or advertised as a common
2-6 unit or by a common name.
2-7 (3) [(4)] "Executive administrator" means the
2-8 executive administrator of the Texas Water Development Board.
2-9 (4) [(5)] "Floodplain" means any area in the 100-year
2-10 floodplain that is susceptible to being inundated by water from any
2-11 source or [and] that is identified by the Federal Emergency
2-12 Management Agency under the National Flood Insurance Act of 1968
2-13 (42 U.S.C. Sections 4001 through 4127).
2-14 (5) [(6)] "Lease" includes an offer to lease.
2-15 (6) [(7)] "Lot" means a parcel into which land that is
2-16 intended for residential use is divided.
2-17 (7) [(8)] "Minimum state standards" means the minimum
2-18 standards set out for:
2-19 (A) adequate drinking water by or under Section
2-20 16.343(b)(1), Water Code;
2-21 (B) adequate sewer facilities by or under
2-22 Section 16.343(c)(1), Water Code; or
2-23 (C) the treatment, disposal, and management of
2-24 solid waste by or under Chapters 361 and 364, Health and Safety
2-25 Code.
2-26 (8) [(9)] "Plat" means a map, chart, survey, plan, or
2-27 replat containing a description of the subdivided land with ties to
3-1 permanent landmarks or monuments.
3-2 (9) [(10)] "Sell" includes an offer to sell.
3-3 (10) [(11)] "Sewer," "sewer services," or "sewer
3-4 facilities" means treatment works as defined by Section 17.001,
3-5 Water Code, or individual, on-site, or cluster treatment systems
3-6 such as septic tanks and includes drainage facilities and other
3-7 improvements for proper functioning of septic tank systems.
3-8 (11) [(12)] "Subdivide" means to divide the surface
3-9 area of land into lots intended primarily for residential use.
3-10 (12) [(13)] "Subdivider" means an individual, firm,
3-11 corporation, or other legal entity that owns any interest in land
3-12 and that directly or indirectly subdivides land into lots as part
3-13 of a common promotional plan in the ordinary course of business.
3-14 (13) [(14)] "Subdivision" means an area of land that
3-15 has been subdivided into lots for sale or lease.
3-16 (14) [(15)] "Utility" means a person, including a
3-17 legal entity or political subdivision, that provides the services
3-18 of:
3-19 (A) an electric utility, as defined by Section
3-20 31.002, Utilities Code [3(c)(1), Public Utility Regulatory Act
3-21 (Article 1446c, Vernon's Texas Civil Statutes)];
3-22 (B) a gas utility, as defined by Section
3-23 101.003, Utilities Code [1.03, Gas Utility Regulatory Act (Article
3-24 1446e, Vernon's Texas Civil Statutes)]; and
3-25 (C) a water and sewer utility, as defined by
3-26 Section 13.002, Water Code.
3-27 SECTION 3. Section 232.022, Local Government Code, is
4-1 amended to read as follows:
4-2 Sec. 232.022. APPLICABILITY. (a) This subchapter applies
4-3 only to a county any part of which is located within 50 miles of an
4-4 international border.
4-5 (b) This subchapter applies only to a subdivision of two
4-6 [land that is subdivided into four] or more lots that are intended
4-7 primarily for residential use in the jurisdiction of the [an
4-8 affected] county. A lot is presumed to be intended for residential
4-9 use if the lot is five acres or less. This subchapter does not
4-10 apply if the subdivision is incident to the conveyance of the land
4-11 as a gift between persons related to each other within the third
4-12 degree by affinity or consanguinity, as determined under Chapter
4-13 573, Government Code.
4-14 (c) [(b)] For purposes of this section, land is considered
4-15 to be in the jurisdiction of a county if the land is located in the
4-16 county and[,] outside the corporate limits of municipalities[, and
4-17 outside the extraterritorial jurisdiction of municipalities, as
4-18 determined under Chapter 42].
4-19 (d) For a subdivision otherwise subject to this subchapter
4-20 in which each lot is larger than 10 acres, a county may waive any
4-21 requirement under this subchapter.
4-22 SECTION 4. Section 232.023(a), Local Government Code, is
4-23 amended to read as follows:
4-24 (a) A subdivider of land [in an affected county] must have a
4-25 plat of the subdivision prepared. A subdivision of a tract under
4-26 this subsection includes a subdivision of real property by any
4-27 method of conveyance, including a contract for deed, oral contract,
5-1 contract of sale, or other type of executory contract, regardless
5-2 of whether the subdivision is made by using a metes and bounds
5-3 description.
5-4 SECTION 5. Section 232.024, Local Government Code, is
5-5 amended by adding Subsection (d) to read as follows:
5-6 (d) The commissioners court of the county in which the land
5-7 is located may establish a planning commission as provided by
5-8 Subchapter D. The planning commission is subject to the same
5-9 provisions applicable to the commissioners court under this
5-10 subchapter, including Section 232.034 relating to conflicts of
5-11 interest.
5-12 SECTION 6. Section 232.026(c), Local Government Code, is
5-13 amended to read as follows:
5-14 (c) If the commissioners court provides an extension, the
5-15 commissioners court shall notify the attorney general of the
5-16 extension and the reason for the extension. The attorney general
5-17 shall notify all other state agencies having enforcement power over
5-18 subdivisions [in affected counties] of the extension.
5-19 SECTION 7. Section 232.028, Local Government Code, is
5-20 amended by adding Subsection (g) to read as follows:
5-21 (g) The commissioners court may impose a fee for
5-22 certificates issued for land in the extraterritorial jurisdiction
5-23 of a municipality. The fee may not be greater than any fee imposed
5-24 by a municipality for a certificate issued under Section 212.0115.
5-25 A person who obtains a certificate issued under this section for
5-26 land in the extraterritorial jurisdiction of a municipality is not
5-27 required to obtain a certificate under Section 212.0115.
6-1 SECTION 8. Section 232.035(b), Local Government Code, is
6-2 amended to read as follows:
6-3 (b) Notwithstanding any other remedy at law or equity, a
6-4 subdivider or an agent of a subdivider may not cause, suffer,
6-5 allow, or permit any part of a subdivision [in an affected county]
6-6 over which the subdivider or an agent of the subdivider has
6-7 control, or a right of ingress and egress, to become a public
6-8 health nuisance as defined by Section 341.011, Health and Safety
6-9 Code.
6-10 SECTION 9. Section 232.037(a), Local Government Code, is
6-11 amended to read as follows:
6-12 (a) The attorney general, or the district attorney, criminal
6-13 district attorney, county attorney with felony responsibilities, or
6-14 county attorney of the [an affected] county may take any action
6-15 necessary in a court of competent jurisdiction on behalf of the
6-16 state or on behalf of residents to:
6-17 (1) enjoin the violation or threatened violation of
6-18 the model rules adopted under Section 16.343, Water Code;
6-19 (2) enjoin the violation or threatened violation of a
6-20 requirement of this subchapter or a rule adopted by the
6-21 commissioners court under this subchapter;
6-22 (3) recover civil or criminal penalties, attorney's
6-23 fees, litigation costs, and investigation costs; and
6-24 (4) require platting or replatting under Section
6-25 232.040.
6-26 SECTION 10. Section 232.038, Local Government Code, is
6-27 amended to read as follows:
7-1 Sec. 232.038. SUIT BY PRIVATE PERSON IN ECONOMICALLY
7-2 DISTRESSED AREA. A person who has purchased or is purchasing a lot
7-3 after July 1, 1995, in a subdivision for residential purposes that
7-4 does not have water and sewer services as required by this
7-5 subchapter and is located in an economically distressed area, as
7-6 defined by Section 17.921, Water Code, [in an affected county,]
7-7 from a subdivider, may bring suit in the district court in which
7-8 the property is located or in a district court in Travis County to:
7-9 (1) declare the sale of the property void and require
7-10 the subdivider to return the purchase price of the property; and
7-11 (2) recover from the subdivider:
7-12 (A) the market value of any permanent
7-13 improvements the person placed on the property;
7-14 (B) actual expenses incurred as a direct result
7-15 of the failure to provide adequate water and sewer facilities;
7-16 (C) court costs; and
7-17 (D) reasonable attorney's fees.
7-18 SECTION 11. Section 232.039(a), Local Government Code, is
7-19 amended to read as follows:
7-20 (a) A subdivider of land [in an affected county] may apply
7-21 to the commissioners court to cancel all or part of the subdivision
7-22 in the manner provided by Section 232.008 after notice and hearing
7-23 as provided by this section.
7-24 SECTION 12. The heading to Subchapter C, Chapter 232, Local
7-25 Government Code, is amended to read as follows:
8-1 SUBCHAPTER C. [ALTERNATE] SUBDIVISION PLATTING REQUIREMENTS IN
8-2 CERTAIN [OTHER] ECONOMICALLY DISTRESSED COUNTIES
8-3 SECTION 13. Section 232.073, Local Government Code, is
8-4 amended to read as follows:
8-5 Sec. 232.073. APPROVAL BY COUNTY REQUIRED. (a) A plat
8-6 filed under Section 232.072 is not valid unless the commissioners
8-7 court of the county in which the land is located approves the plat
8-8 by an order entered in the minutes of the court. The commissioners
8-9 court shall refuse to approve a plat if it does not meet the
8-10 requirements prescribed by or under this subchapter or if any bond
8-11 required under this subchapter is not filed with the county clerk.
8-12 (b) The commissioners court of the county in which the land
8-13 is located may establish a planning commission as provided by
8-14 Subchapter D. The planning commission is subject to the same
8-15 provisions applicable to the commissioners court under this
8-16 subchapter, including Section 232.078 relating to conflicts of
8-17 interest.
8-18 SECTION 14. Chapter 232, Local Government Code, is amended
8-19 by adding Subchapter D to read as follows:
8-20 SUBCHAPTER D. COUNTY PLANNING COMMISSION
8-21 Sec. 232.091. APPLICABILITY. This subchapter applies only
8-22 to a county:
8-23 (1) authorized to establish a planning commission
8-24 under Subchapter B or C; and
8-25 (2) in which the commissioners court by order elects
8-26 to operate under this subchapter.
8-27 Sec. 232.092. ESTABLISHMENT OF PLANNING COMMISSION. (a) To
9-1 promote the general public welfare, the commissioners court of a
9-2 county by order may establish a planning commission under this
9-3 section.
9-4 (b) The commissioners court may authorize the planning
9-5 commission to act on behalf of the commissioners court in matters
9-6 relating to:
9-7 (1) the duties and authority of the commissioners
9-8 court under Subchapter A, B, or C; and
9-9 (2) land use, health and safety, planning and
9-10 development, or other enforcement provisions specifically
9-11 authorized by law.
9-12 (c) If the commissioners court establishes a planning
9-13 commission, the commissioners court by order shall adopt reasonable
9-14 rules and procedures necessary to administer this subchapter.
9-15 (d) This subchapter does not grant a commissioners court or
9-16 a planning commission the power to regulate the use of property for
9-17 which a permit has been issued to engage in a federally licensed
9-18 activity.
9-19 Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.
9-20 (a) The commissioners court may appoint a planning commission
9-21 consisting of five members. Members are appointed for staggered
9-22 terms of two years.
9-23 (b) A person appointed as a member of the planning
9-24 commission must be a citizen of the United States and reside in the
9-25 county.
9-26 (c) The commissioners court shall file with the county clerk
9-27 a certificate of appointment for each commission member.
10-1 (d) The commissioners court shall fill any vacancy on the
10-2 commission.
10-3 (e) Before a planning commission member undertakes the
10-4 duties of the office, the member must:
10-5 (1) take the official oath; and
10-6 (2) swear in writing that the member will promote the
10-7 interest of the county as a whole and not only a private interest
10-8 or the interest of a special group or location in the county.
10-9 (f) A member of the planning commission serves at the
10-10 pleasure of the commissioners court and is subject to removal by a
10-11 majority vote of the commissioners court.
10-12 Sec. 232.094. FINANCIAL DISCLOSURE. (a) A member of the
10-13 planning commission shall file a financial disclosure report in the
10-14 same manner as required for county officers under Subchapter B,
10-15 Chapter 159.
10-16 (b) If the commissioners court of the county in which the
10-17 planning commission member serves has not adopted a financial
10-18 disclosure reporting system under Subchapter B, Chapter 159, the
10-19 planning commission member shall file a financial disclosure report
10-20 in the same manner as required for county officers under Subchapter
10-21 A, Chapter 159.
10-22 Sec. 232.095. OFFICERS, QUORUM, AND MEETINGS. (a) At the
10-23 first meeting of each calendar year, the planning commission shall
10-24 elect a presiding officer and assistant presiding officer. The
10-25 presiding officer presides over the meetings and executes all
10-26 documentation required on behalf of the planning commission. The
10-27 assistant presiding officer represents the presiding officer during
11-1 the presiding officer's absence.
11-2 (b) There is no limitation on the number of terms a member
11-3 may serve on the commission.
11-4 (c) Minutes of the planning commission's proceedings must be
11-5 filed with the county clerk or other county officer or employee
11-6 designated by the commissioners court. The minutes of the planning
11-7 commission's proceedings are a public record.
11-8 (d) The planning commission is subject to Chapters 551 and
11-9 552, Government Code.
11-10 (e) The planning commission may adopt rules necessary to
11-11 administer this subchapter.
11-12 Sec. 232.096. TIMELY APPROVAL OF PLATS. (a) The planning
11-13 commission shall issue a written list of the documentation and
11-14 other information that must be submitted with a plat application.
11-15 The documentation or other information must relate to a requirement
11-16 authorized by law. An application submitted to the planning
11-17 commission that contains the documents and other information on the
11-18 list is considered complete.
11-19 (b) If a person submits an incomplete plat application to
11-20 the planning commission, the planning commission or its designee
11-21 shall, not later than the 15th business day after the date the
11-22 planning commission or its designee receives the application,
11-23 notify the applicant of the missing documents or other information.
11-24 The planning commission or its designee shall allow an applicant to
11-25 timely submit the missing documents or other information.
11-26 (c) An application is considered complete on the date all
11-27 documentation and other information required by Subsection (a) is
12-1 received by the planning commission.
12-2 (d) If the approval of the plat is within the exclusive
12-3 jurisdiction of the planning commission, the planning commission
12-4 shall take final action on a plat application, including the
12-5 resolution of all appeals, not later than the 60th day after the
12-6 date a completed plat application is received by the planning
12-7 commission.
12-8 (e) The time period prescribed by Subsection (d) may be
12-9 extended for:
12-10 (1) a reasonable period if requested by the applicant;
12-11 and
12-12 (2) an additional 60 days if the county is required
12-13 under Chapter 2007, Government Code, to perform a takings impact
12-14 assessment in connection with a plat submitted for approval.
12-15 (f) The planning commission may not compel an applicant to
12-16 waive the time limits prescribed by this section.
12-17 (g) If the planning commission fails to take final action on
12-18 the completed plat application as required by this section, the
12-19 applicant may apply to a district court in the county in which the
12-20 plat is located for an injunction to compel the planning commission
12-21 to approve or disapprove the plat. A planning commission enjoined
12-22 by a final order of a court under this subsection shall make a
12-23 decision approving or disapproving the plat not later than the 10th
12-24 business day after the date a copy of the injunction is served on
12-25 the presiding officer of the planning commission. If the planning
12-26 commission approves the plat, the planning commission, within the
12-27 10-day period prescribed by this subsection, shall:
13-1 (1) refund the greater of the unexpended portion of
13-2 any plat application fee or deposit or 50 percent of a plat
13-3 application fee or deposit that has been paid;
13-4 (2) determine the appropriate amount of any bond or
13-5 other financial guarantee required in connection with the plat
13-6 approval; and
13-7 (3) issue documents recognizing the plat's approval.
13-8 (h) In this section, "business day" means a day other than a
13-9 Saturday, Sunday, or holiday recognized by this state.
13-10 Sec. 232.097. REASONS FOR DISAPPROVAL OF PLAT REQUIRED. If
13-11 the planning commission refuses to approve a plat, the planning
13-12 commission shall provide to the person requesting approval a notice
13-13 specifying the reason for the disapproval.
13-14 SECTION 15. Sections 242.001(a) and (c), Local Government
13-15 Code, are amended to read as follows:
13-16 (a) This section applies only to a county operating under
13-17 Sections 232.001-232.005 or Subchapter B of Chapter 232.
13-18 (c) In the extraterritorial jurisdiction of a municipality,
13-19 the municipality may regulate subdivisions under Subchapter A of
13-20 Chapter 212 and other statutes applicable to municipalities, and
13-21 the county may regulate subdivisions under Sections
13-22 232.001-232.005, Subchapter B of Chapter 232, and other statutes
13-23 applicable to counties. If a municipal regulation conflicts with
13-24 a county regulation, the more stringent provisions prevail.
13-25 SECTION 16. Sections 212.012(a) and (c), Local Government
13-26 Code, are amended to read as follows:
13-27 (a) Except as provided by Subsection (c), an entity
14-1 described by Subsection (b) may not serve or connect any land with
14-2 water, sewer, electricity, gas, or other utiilty service unless the
14-3 entity has been presented with or otherwise holds a certificate
14-4 applicable to the land issued under Section 212.0115 or 232.028.
14-5 (c) An entity described by Subsection (b) may serve or
14-6 connect land with water, sewer, electricity, gas, or other utility
14-7 service regardless of whether the entity is presented with or
14-8 otherwise holds a certificate applicable to the land issued under
14-9 Section 212.0115 if:
14-10 (1) the land is covered by a development plat approved
14-11 under Subchapter B or under an ordinance or rule relating to the
14-12 development plat;
14-13 (2) the land was first served or connected with
14-14 service by an entity described by Subsection (b)(1), (b)(2), or
14-15 (b)(3) before September 1, 1987;
14-16 (3) the land was first served or connected with
14-17 service by an entity described by Subsection (b)(4), (b)(5), or
14-18 (b)(6) before September 1, 1989; or
14-19 (4) the municipal authority responsible for approving
14-20 plats issues a certificate stating that:
14-21 (A) the land, before September 1, 1995, was sold
14-22 or conveyed to the person requesting service by any means of
14-23 conveyance, including a contract for deed or executory contract;
14-24 (B) the land is located in a subdivision in
14-25 which the entity has previously provided service;
14-26 (C) the land is located outside the limits of
14-27 the municipality;
15-1 (D) the land is located in a county to which
15-2 Subchapter B, Chapter 232, applies [an "affected county" as that
15-3 term is defined by Section 232.021]; and
15-4 (E) construction of a residence on the land,
15-5 evidenced by at least the existence of a completed foundation, was
15-6 begun on or before May 1, 1997.
15-7 SECTION 17. Section 12.002(d), Property Code, is amended to
15-8 read as follows:
15-9 (d) Except in the case of a subdivision located in a county
15-10 to which Subchapter B, Chapter 232 [an "affected county," as
15-11 defined by Section 232.021], Local Government Code, applies,
15-12 Subsection (c) does not apply to using a subdivision's description
15-13 in a contract to convey real property before the plat or replat of
15-14 the subdivision is approved and is filed for record with the county
15-15 clerk if:
15-16 (1) the conveyance is expressly contingent on approval
15-17 and recording of the final plat; and
15-18 (2) the purchaser is not given use or occupancy of the
15-19 real property conveyed before the recording of the final plat.
15-20 SECTION 18. Section 13.002(26), Water Code, is amended to
15-21 read as follows:
15-22 (26) "Affected county" is a county to which Subchapter
15-23 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
15-24 Government Code, applies.
15-25 SECTION 19. Section 26.001(20), Water Code, as added by
15-26 Section 23, Chapter 979, Acts of the 74th Legislature, Regular
15-27 Session, 1995, is amended to read as follows:
16-1 (20) "Affected county" is a county to which Subchapter
16-2 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
16-3 Government Code, applies.
16-4 SECTION 20. Section 26.001(26), Water Code, as added by
16-5 Section 24, Chapter 979, Acts of the 74th Legislature, Regular
16-6 Session, 1995, is amended to read as follows:
16-7 (26) "Affected county" is a county to which Subchapter
16-8 B, Chapter 232 [has the meaning assigned by Section 232.021], Local
16-9 Government Code, applies.
16-10 SECTION 21. The importance of this legislation and the
16-11 crowded condition of the calendars in both houses create an
16-12 emergency and an imperative public necessity that the
16-13 constitutional rule requiring bills to be read on three several
16-14 days in each house be suspended, and this rule is hereby suspended.