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.