76R8276 PAM-D                           
         By Cuellar, Gutierrez, Hill, Flores                     H.B. No. 52
         Substitute the following for H.B. No. 52:
         By Mowery                                           C.S.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
 2-1     scheme of operation undertaken by a single subdivider or a group of
 2-2     subdividers acting in concert, either personally or through an
 2-3     agent, to offer for sale or lease lots when the land is:
 2-4                       (A)  contiguous or part of the same area of land;
 2-5     or
 2-6                       (B)  known, designated, or advertised as a common
 2-7     unit or by a common name.
 2-8                 (3) [(4)]  "Executive administrator" means the
 2-9     executive administrator of the Texas Water Development Board.
2-10                 (4) [(5)]  "Floodplain" means any area in the 100-year
2-11     floodplain that is susceptible to being inundated by water from any
2-12     source or [and] that is identified by the Federal Emergency
2-13     Management Agency under the National Flood Insurance Act of 1968
2-14     (42 U.S.C.  Sections 4001 through 4127).
2-15                 (5) [(6)]  "Lease" includes an offer to lease.
2-16                 (6) [(7)]  "Lot" means a parcel into which land that is
2-17     intended for residential use is divided.
2-18                 (7) [(8)]  "Minimum state standards" means the minimum
2-19     standards set out for:
2-20                       (A)  adequate drinking water by or under Section
2-21     16.343(b)(1), Water Code;
2-22                       (B)  adequate sewer facilities by or under
2-23     Section 16.343(c)(1), Water Code; or
2-24                       (C)  the treatment, disposal, and management of
2-25     solid waste by or under Chapters 361 and 364, Health and Safety
2-26     Code.
2-27                 (8) [(9)]  "Plat" means a map, chart, survey, plan, or
 3-1     replat containing a description of the subdivided land with ties to
 3-2     permanent landmarks or monuments.
 3-3                 (9) [(10)]  "Sell" includes an offer to sell.
 3-4                 (10) [(11)]  "Sewer," "sewer services," or "sewer
 3-5     facilities" means treatment works as defined by Section 17.001,
 3-6     Water Code, or individual, on-site, or cluster treatment systems
 3-7     such as septic tanks and includes drainage facilities and other
 3-8     improvements for proper functioning of septic tank systems.
 3-9                 (11) [(12)]  "Subdivide" means to divide the surface
3-10     area of land into lots intended primarily for residential use.
3-11                 (12) [(13)]  "Subdivider" means an individual, firm,
3-12     corporation, or other legal entity that owns any interest in land
3-13     and that directly or indirectly subdivides land into lots as part
3-14     of a common promotional plan in the ordinary course of business.
3-15                 (13) [(14)]  "Subdivision" means an area of land that
3-16     has been subdivided into lots for sale or lease.
3-17                 (14) [(15)]  "Utility" means a person, including a
3-18     legal entity or political subdivision, that provides the services
3-19     of:
3-20                       (A)  an electric utility, as defined by Section
3-21     31.002, Utilities Code [3(c)(1), Public Utility Regulatory Act
3-22     (Article 1446c, Vernon's Texas Civil Statutes)];
3-23                       (B)  a gas utility, as defined by Section
3-24     101.003, Utilities Code [1.03, Gas Utility Regulatory Act (Article
3-25     1446e, Vernon's Texas Civil Statutes)]; and
3-26                       (C)  a water and sewer utility, as defined by
3-27     Section 13.002, Water Code.
 4-1           SECTION 3.  Section 232.022, Local Government Code, is
 4-2     amended to read as follows:
 4-3           Sec. 232.022.  APPLICABILITY.  (a)  This subchapter applies
 4-4     only to a county any part of which is located within 50 miles of an
 4-5     international border.
 4-6           (b)  This subchapter applies only to land that is subdivided
 4-7     into two [four] or more lots that are intended primarily for
 4-8     residential use in the jurisdiction of the [an affected] county.  A
 4-9     lot is presumed to be intended for residential use if the lot is
4-10     five acres or less.  This subchapter does not apply if the
4-11     subdivision is incident to the conveyance of the land as a gift
4-12     between persons related to each other within the third degree by
4-13     affinity or consanguinity, as determined under Chapter 573,
4-14     Government Code.
4-15           (c) [(b)]  For purposes of this section, land is considered
4-16     to be in the jurisdiction of a county if the land is located in the
4-17     county and[,] outside the corporate limits of municipalities[, and
4-18     outside the extraterritorial jurisdiction of municipalities, as
4-19     determined under Chapter 42].
4-20           SECTION 4.  Section 232.023(a), Local Government Code, is
4-21     amended to read as follows:
4-22           (a)  A subdivider of land [in an affected county] must have a
4-23     plat of the subdivision prepared.  A subdivision of a tract under
4-24     this subsection includes a subdivision of real property by any
4-25     method of conveyance, including a contract for deed, oral contract,
4-26     contract of sale, or other type of executory contract, regardless
4-27     of whether the subdivision is made by using a metes and bounds
 5-1     description.
 5-2           SECTION 5.   Section 232.024, Local Government Code, is
 5-3     amended by adding Subsection (d) to read as follows:
 5-4           (d)  If the commissioners court of the county in which the
 5-5     land is located has established a planning commission as provided
 5-6     by Subchapter D, the commissioners court may authorize the planning
 5-7     commission to review, evaluate, approve, or deny subdivision plats
 5-8     under this section.  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 232.035(b), Local Government Code, is
5-20     amended to read as follows:
5-21           (b)  Notwithstanding any other remedy at law or equity, a
5-22     subdivider or an agent of a subdivider may not cause, suffer,
5-23     allow, or permit any part of a subdivision [in an affected county]
5-24     over which the subdivider or an agent of the subdivider has
5-25     control, or a right of ingress and egress, to become a public
5-26     health nuisance as defined by Section 341.011, Health and Safety
5-27     Code.
 6-1           SECTION 8.  Section 232.037(a), Local Government Code, is
 6-2     amended to read as follows:
 6-3           (a)  The attorney general, or the district attorney, criminal
 6-4     district attorney, county attorney with felony responsibilities, or
 6-5     county attorney of the [an affected] county may take any action
 6-6     necessary in a court of competent jurisdiction on behalf of the
 6-7     state or on behalf of residents to:
 6-8                 (1)  enjoin the violation or threatened violation of
 6-9     the model rules adopted under Section 16.343, Water Code;
6-10                 (2)  enjoin the violation or threatened violation of a
6-11     requirement of this subchapter or a rule adopted by the
6-12     commissioners court under this subchapter;
6-13                 (3)  recover civil or criminal penalties, attorney's
6-14     fees, litigation costs, and investigation costs; and
6-15                 (4)  require platting or replatting under Section
6-16     232.040.
6-17           SECTION 9.  Section 232.038, Local Government Code, is
6-18     amended to read as follows:
6-19           Sec. 232.038.  SUIT BY PRIVATE PERSON IN ECONOMICALLY
6-20     DISTRESSED AREA.  A person who has purchased or is purchasing a lot
6-21     after July 1, 1995, in a subdivision for residential purposes that
6-22     does not have water and sewer services as required by this
6-23     subchapter and is located in an economically distressed area, as
6-24     defined by Section 17.921, Water Code, [in an affected county,]
6-25     from a subdivider, may bring suit in the district court in which
6-26     the property is located or in a district court in Travis County to:
6-27                 (1)  declare the sale of the property void and require
 7-1     the subdivider to return the purchase price of the property; and
 7-2                 (2)  recover from the subdivider:
 7-3                       (A)  the market value of any permanent
 7-4     improvements the person placed on the property;
 7-5                       (B)  actual expenses incurred as a direct result
 7-6     of the failure to provide adequate water and sewer facilities;
 7-7                       (C)  court costs; and
 7-8                       (D)  reasonable attorney's fees.
 7-9           SECTION 10.  Section 232.039(a), Local Government Code, is
7-10     amended to read as follows:
7-11           (a)  A subdivider of land [in an affected county] may apply
7-12     to the commissioners court to cancel all or part of the subdivision
7-13     in the manner provided by Section 232.008 after notice and hearing
7-14     as provided by this section.
7-15           SECTION 11.  The heading to Subchapter C, Chapter 232, Local
7-16     Government Code, is amended to read as follows:
7-17       SUBCHAPTER C.  [ALTERNATE] SUBDIVISION PLATTING REQUIREMENTS IN
7-18              CERTAIN [OTHER] ECONOMICALLY DISTRESSED COUNTIES
7-19           SECTION 12.  Section 232.073, Local Government Code, is
7-20     amended to read as follows:
7-21           Sec. 232.073.  APPROVAL BY COUNTY REQUIRED.  (a)  A plat
7-22     filed under Section 232.072 is not valid unless the commissioners
7-23     court of the county in which the land is located approves the plat
7-24     by an order entered in the minutes of the court.  The commissioners
7-25     court shall refuse to approve a plat if it does not meet the
7-26     requirements prescribed by or under this subchapter or if any bond
7-27     required under this subchapter is not filed with the county clerk.
 8-1           (b)  If the commissioners court of the county in which the
 8-2     land is located has established a planning commission as provided
 8-3     by Subchapter D, the commissioners court may authorize the planning
 8-4     commission to review, evaluate, approve, or deny subdivision plats
 8-5     under this section.  The planning commission is subject to the same
 8-6     provisions applicable to the commissioners court under this
 8-7     subchapter, including Section 232.078 relating to conflicts of
 8-8     interest.
 8-9           SECTION 13.  Chapter 232, Local Government Code, is amended
8-10     by adding Subchapter D to read as follows:
8-11                  SUBCHAPTER D.  COUNTY PLANNING COMMISSION
8-12           Sec. 232.091.  APPLICABILITY.  This subchapter applies only
8-13     to a county:
8-14                 (1)  subject to Subchapter B or C; and
8-15                 (2)  in which the commissioners court by order elects
8-16     to operate under this subchapter.
8-17           Sec. 232.092.  ESTABLISHMENT OF PLANNING COMMISSION.  (a)  To
8-18     promote the general public welfare, the commissioners court of a
8-19     county by order may establish a planning commission under this
8-20     section.
8-21           (b)  The commissioners court may authorize the planning
8-22     commission to act on behalf of the commissioners court in matters
8-23     relating to:
8-24                 (1)  the duties and authority of the commissioners
8-25     court under Subchapter A, B, or C; and
8-26                 (2)  land use, health and safety, planning and
8-27     development, or other enforcement provisions specifically
 9-1     authorized by law.
 9-2           (c)  If the commissioners court establishes a planning
 9-3     commission, the commissioners court by order shall adopt reasonable
 9-4     rules and procedures necessary to administer this subchapter.
 9-5           Sec. 232.093.  APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.
 9-6     (a)  The commissioners court may appoint a planning  commission
 9-7     consisting of five members.  Members are appointed for staggered
 9-8     terms of two years.
 9-9           (b)  A person appointed as a member of the planning
9-10     commission must be a citizen of the United States and reside in the
9-11     county.
9-12           (c)  The commissioners court shall file with the county clerk
9-13     a certificate of appointment for each commission member.
9-14           (d)  The commissioners court shall fill any vacancy on the
9-15     commission.
9-16           Sec. 232.094.  REMOVAL OF MEMBERS OF PLANNING COMMISSION.  A
9-17     member of a planning commission is an officer subject to removal as
9-18     provided by Chapter 87.
9-19           Sec. 232.095.  OFFICERS, QUORUM, AND MEETINGS.  (a)  At the
9-20     first meeting of each calendar year, the planning  commission shall
9-21     elect a presiding officer and assistant presiding officer.  The
9-22     presiding officer presides over the meetings and executes all
9-23     documentation required on behalf of the planning commission.  The
9-24     assistant presiding officer represents the presiding officer during
9-25     the presiding officer's absence.
9-26           (b)  There is no limitation on the number of terms a member
9-27     may serve on the commission.
 10-1          (c)  Minutes of the planning commission's proceedings must be
 10-2    filed with the county clerk or other county officer or employee
 10-3    designated by the commissioners court.  The minutes of the planning
 10-4    commission's proceedings are a public record.
 10-5          (d)  The planning commission is subject to Chapters 551 and
 10-6    552, Government Code.
 10-7          (e)  The planning commission may adopt rules necessary to
 10-8    administer this subchapter.
 10-9          Sec. 232.096.  TIMELY APPROVAL OF PLATS.  (a)  The planning
10-10    commission shall issue a written list of the documentation and
10-11    other information that must be submitted with a plat application.
10-12    The documentation or other information must relate to a requirement
10-13    authorized by law.  An application submitted to the planning
10-14    commission that contains the documents and other information on the
10-15    list is considered complete.
10-16          (b)  If a person submits an incomplete plat application to
10-17    the planning commission, the planning commission shall, not later
10-18    than the 15th business day after the date the planning commission
10-19    receives the application, notify the applicant of the missing
10-20    documents or other information. The planning commission shall allow
10-21    an applicant to timely submit the missing documents or other
10-22    information.  In this subsection, "business day" means a day other
10-23    than a Saturday, Sunday, or holiday recognized by this state.
10-24          (c)  An application is considered complete on the date all
10-25    documentation and other information required by Subsection (a) is
10-26    received by the planning commission.
10-27          (d)  If the approval of the plat is within the exclusive
 11-1    jurisdiction of the county, the planning commission shall take
 11-2    final action on a plat application, including the resolution of all
 11-3    appeals, not later than the 60th day after the date a completed
 11-4    plat application is received by the planning commission.
 11-5          (e)  The time period prescribed by Subsection (d) may be
 11-6    extended for:
 11-7                (1)  a reasonable period if requested by the applicant;
 11-8    and
 11-9                (2)  an additional 60 days if the county is required
11-10    under Chapter 2007, Government Code, to perform a takings impact
11-11    assessment in connection with a plat submitted for approval.
11-12          (f)  The planning commission may not compel an applicant to
11-13    waive the time limits prescribed by this section.
11-14          (g)  If the planning commission fails to take final action on
11-15    the completed plat application as required by this section, the
11-16    applicant may apply to a district court in the county in which the
11-17    plat is located for an injunction to compel the planning commission
11-18    to approve or disapprove the plat.  A planning commission enjoined
11-19    by a court under this subsection shall make a decision approving or
11-20    disapproving the plat not later than the 10th day after the date
11-21    the injunction is issued.  If the planning commission approves the
11-22    plat, the planning commission, within the 10-day period prescribed
11-23    by this subsection, shall:
11-24                (1)  refund the greater of the unexpended portion of
11-25    any plat application fee or deposit or 50 percent of a plat
11-26    application fee or deposit that has been paid;
11-27                (2)  determine the appropriate amount of any bond or
 12-1    other financial guarantee required in connection with the plat
 12-2    approval; and
 12-3                (3)  issue documents recognizing the plat's approval.
 12-4          Sec. 232.097.  REASONS FOR DISAPPROVAL OF PLAT REQUIRED.  If
 12-5    the planning commission refuses to approve a plat, the planning
 12-6    commission shall provide to the person requesting approval a notice
 12-7    specifying the reason for the disapproval.
 12-8          SECTION 14.  Section 212.012(c), Local Government Code, is
 12-9    amended to read as follows:
12-10          (c)  An entity described by Subsection (b) may serve or
12-11    connect land with water, sewer, electricity, gas, or other utility
12-12    service regardless of whether the entity is presented with or
12-13    otherwise holds a certificate applicable to the land issued under
12-14    Section 212.0115 if:
12-15                (1)  the land is covered by a development plat approved
12-16    under Subchapter B or under an ordinance or rule relating to the
12-17    development plat;
12-18                (2)  the land was first served or connected with
12-19    service by an entity described by Subsection (b)(1), (b)(2), or
12-20    (b)(3) before September 1, 1987;
12-21                (3)  the land was first served or connected with
12-22    service by an entity described by Subsection (b)(4), (b)(5), or
12-23    (b)(6) before September 1, 1989; or
12-24                (4)  the municipal authority responsible for approving
12-25    plats issues a certificate stating that:
12-26                      (A)  the land, before September 1, 1995, was sold
12-27    or conveyed to the person requesting service by any means of
 13-1    conveyance, including a contract for deed or executory contract;
 13-2                      (B)  the land is located in a subdivision in
 13-3    which the entity has previously provided service;
 13-4                      (C)  the land is located outside the limits of
 13-5    the municipality;
 13-6                      (D)  the land is located in a county to which
 13-7    Subchapter B, Chapter 232, applies [an "affected county" as that
 13-8    term is defined by  Section 232.021]; and
 13-9                      (E)  construction of a residence on the land,
13-10    evidenced by at least the existence of a completed foundation, was
13-11    begun on or before May 1, 1997.
13-12          SECTION 15.  Section 12.002(d), Property Code, is amended to
13-13    read as follows:
13-14          (d)  Except in the case of a subdivision located in a county
13-15    to which Subchapter B, Chapter 232 [an "affected county," as
13-16    defined by Section  232.021], Local Government Code, applies,
13-17    Subsection (c) does not apply to using a subdivision's description
13-18    in a contract to convey real property before the plat or replat of
13-19    the subdivision is approved and is filed for record with the county
13-20    clerk if:
13-21                (1)  the conveyance is expressly contingent on approval
13-22    and recording of the final plat; and
13-23                (2)  the purchaser is not given use or occupancy of the
13-24    real property conveyed before the recording of the final plat.
13-25          SECTION 16.  Section 13.002(26), Water Code, is amended to
13-26    read as follows:
13-27                (26)  "Affected county" is a county to which Subchapter
 14-1    B, Chapter 232 [has the meaning assigned by Section 232.021], Local
 14-2    Government Code, applies.
 14-3          SECTION 17.  Section 26.001(20), Water Code, as added by
 14-4    Section 23, Chapter 979, Acts of the 74th Legislature, Regular
 14-5    Session, 1995, is amended to read as follows:
 14-6                (20)  "Affected county" is a county to which Subchapter
 14-7    B, Chapter 232 [has the meaning assigned by Section 232.021], Local
 14-8    Government Code, applies.
 14-9          SECTION 18.  Section 26.001(26), Water Code, as added by
14-10    Section 24, Chapter 979, Acts of the 74th Legislature, Regular
14-11    Session, 1995, is amended to read as follows:
14-12                (26)  "Affected county" is a county to which Subchapter
14-13    B, Chapter 232 [has the meaning assigned by Section 232.021], Local
14-14    Government Code, applies.
14-15          SECTION 19.  The importance of this legislation and the
14-16    crowded condition of the calendars in both houses create an
14-17    emergency and an imperative public necessity that the
14-18    constitutional rule requiring bills to be read on three several
14-19    days in each house be suspended, and this rule is hereby suspended.