76R7926 DRH-F
By Turner of Coleman, Dukes, Krusee, H.B. No. 423
Greenberg, Walker, et al.
Substitute the following for H.B. No. 423:
By Turner of Coleman C.S.H.B. No. 423
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the subdivision of land outside a municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 232.001, Local Government Code, is
1-5 amended by amending Subsection (a) and adding Subsection (a-1) to
1-6 read as follows:
1-7 (a) The owner of a tract of land located outside the limits
1-8 of a municipality must have a plat of the subdivision prepared if
1-9 the owner [who] divides the tract into two or more parts to lay
1-10 out:
1-11 (1) a subdivision of the tract, including an addition;
1-12 (2) [, or to lay out suburban lots or building] lots;
1-13 or
1-14 (3) [, and to lay out] streets, alleys, squares,
1-15 parks, or other parts of the tract intended to be dedicated to
1-16 public use or for the use of purchasers or owners of lots fronting
1-17 on or adjacent to the streets, alleys, squares, parks, or other
1-18 parts [must have a plat of the subdivision prepared].
1-19 (a-1) A division of a tract under Subsection (a) [this
1-20 subsection] includes a division regardless of whether it is made by
1-21 using a metes and bounds description in a deed of conveyance or in
1-22 a contract for a deed, by using a contract of sale or other
1-23 executory contract to convey, or by using any other method.
1-24 SECTION 2. Section 232.0015, Local Government Code, is
2-1 amended by adding Subsections (c)-(g) to read as follows:
2-2 (c) A county may not require the owner of a tract of land
2-3 located outside the limits of a municipality who divides the tract
2-4 into two or more parts to have a plat of the subdivision prepared
2-5 if:
2-6 (1) the owner does not lay out a part of the tract
2-7 described by Section 232.001(a)(3); and
2-8 (2) the land is to be used primarily for agricultural
2-9 use, as defined by Section 1-d, Article VIII, Texas Constitution,
2-10 or for farm, ranch, wildlife management, or timber production use
2-11 within the meaning of Section 1-d-1, Article VIII, Texas
2-12 Constitution.
2-13 (d) If a tract described by Subsection (c) ceases to be used
2-14 primarily for agricultural use or for farm, ranch, wildlife
2-15 management, or timber production use, the platting requirements of
2-16 this subchapter apply.
2-17 (e) A county may not require the owner of a tract of land
2-18 located outside the limits of a municipality who divides the tract
2-19 into four or fewer parts and does not lay out a part of the tract
2-20 described by Section 232.001(a)(3), to have a plat of the
2-21 subdivision prepared if each of the lots is to be sold, given, or
2-22 otherwise transferred to an individual who is related to the owner
2-23 within the third degree by consanguinity or affinity, as determined
2-24 under Chapter 573, Government Code. If any lot is sold, given, or
2-25 otherwise transferred to an individual who is not related to the
2-26 owner within the third degree by consanguinity or affinity, the
2-27 platting requirements of this subchapter apply.
3-1 (f) A county may not require the owner of a tract of land
3-2 located outside the limits of a municipality who divides the tract
3-3 into two or more parts to have a plat of the subdivision prepared
3-4 if:
3-5 (1) all of the lots of the subdivision are more than
3-6 10 acres in area; and
3-7 (2) the owner does not lay out a part of the tract
3-8 described by Section 232.001(a)(3).
3-9 (g) A county may not require the owner of a tract of land
3-10 located outside the limits of a municipality who divides the tract
3-11 into two or more parts and does not lay out a part of the tract
3-12 described by Section 232.001(a)(3), to have a plat of the
3-13 subdivision prepared if all the lots are sold to veterans through
3-14 the Veterans' Land Board program.
3-15 SECTION 3. Subchapter A, Chapter 232, Local Government Code,
3-16 is amended by adding Section 232.0025 to read as follows:
3-17 Sec. 232.0025. TIMELY APPROVAL OF PLATS. (a) The
3-18 commissioners court of a county or a person designated by the
3-19 commissioners court shall issue a written list of the documentation
3-20 and other information that must be submitted with a plat
3-21 application. The documentation or other information must relate to
3-22 a requirement authorized under this section or other applicable
3-23 law. An application submitted to the commissioners court or the
3-24 person designated by the commissioners court that contains the
3-25 documents and other information on the list is considered complete.
3-26 (b) If a person submits a plat application to the
3-27 commissioners court that does not include all of the documentation
4-1 or other information required by Subsection (a), the commissioners
4-2 court or the court's designee shall, not later than the 10th
4-3 business day after the date the commissioners court receives the
4-4 application, notify the applicant of the missing documents or other
4-5 information. The commissioners court shall allow an applicant to
4-6 timely submit the missing documents or other information.
4-7 (c) An application is considered complete when all
4-8 documentation or other information required by Subsection (a) is
4-9 received.
4-10 (d) Except as provided by Subsection (f), the commissioners
4-11 court or the court's designee shall take final action on a plat
4-12 application, including the resolution of all appeals, not later
4-13 than the 60th day after the date a completed plat application is
4-14 received by the commissioners court or the court's designee.
4-15 (e) If the commissioners court or the court's designee
4-16 disapproves a plat application, the applicant shall be given a
4-17 complete list of the reasons for the disapproval.
4-18 (f) The 60-day period under Subsection (d):
4-19 (1) may be extended for a reasonable period, if
4-20 requested by the applicant;
4-21 (2) may be extended 60 additional days if Chapter
4-22 2007, Government Code, requires the county to perform a takings
4-23 impact assessment in connection with a plat application; and
4-24 (3) applies only to a decision wholly within the
4-25 control of the commissioners court or the court's designee.
4-26 (g) The commissioners court or the court's designee shall
4-27 make the determination under Subsection (f)(2) of whether the
5-1 60-day period will be extended not later than the 20th day after
5-2 the date a completed plat application is received by the
5-3 commissioners court or the court's designee.
5-4 (h) The commissioners court or the court's designee may not
5-5 compel an applicant to waive the time limits contained in this
5-6 section.
5-7 (i) If the commissioners court or the court's designee fails
5-8 to take final action on the plat as required by Subsection (d):
5-9 (1) the commissioners court shall refund the greater
5-10 of the unexpended portion of any plat application fee or deposit or
5-11 50 percent of a plat application fee or deposit that has been paid;
5-12 (2) the plat application is granted by operation of
5-13 law; and
5-14 (3) the applicant may apply to a district court in the
5-15 county where the tract of land is located for a writ of mandamus to
5-16 compel the commissioners court to issue documents recognizing the
5-17 plat's approval.
5-18 SECTION 4. Section 232.003, Local Government Code, is
5-19 amended to read as follows:
5-20 Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted
5-21 and entered in the minutes of the commissioners court, and after a
5-22 notice is published in a newspaper of general circulation in the
5-23 county, the commissioners court may:
5-24 (1) require a right-of-way on a street or road that
5-25 functions as a main artery in a subdivision, of a width of not less
5-26 than 50 feet or more than 100 feet;
5-27 (2) require a right-of-way on any other street or road
6-1 in a subdivision of not less than 40 feet or more than 70 feet;
6-2 (3) require that the shoulder-to-shoulder width on
6-3 collectors or main arteries within the right-of-way be not less
6-4 than 32 feet or more than 56 feet, and that the
6-5 shoulder-to-shoulder width on any other street or road be not less
6-6 than 25 feet or more than 35 feet;
6-7 (4) adopt, based on the amount and kind of travel over
6-8 each street or road in a subdivision, reasonable specifications
6-9 relating to the construction of each street or road;
6-10 (5) adopt reasonable specifications to provide
6-11 adequate drainage for each street or road in a subdivision in
6-12 accordance with standard engineering practices;
6-13 (6) require that each purchase contract made between a
6-14 subdivider and a purchaser of land in the subdivision contain a
6-15 statement describing the extent to which water will be made
6-16 available to the subdivision and, if it will be made available, how
6-17 and when; [and]
6-18 (7) require that the owner of the tract to be
6-19 subdivided execute a good and sufficient bond in the manner
6-20 provided by Section 232.004; and
6-21 (8) adopt reasonable specifications that provide for
6-22 drainage in the subdivision to:
6-23 (A) efficiently manage the flow of storm water
6-24 runoff in the subdivision; and
6-25 (B) coordinate subdivision drainage with the
6-26 general storm drainage pattern for the area.
6-27 SECTION 5. Section 232.004, Local Government Code, is
7-1 amended to read as follows:
7-2 Sec. 232.004. BOND REQUIREMENTS. If the commissioners court
7-3 requires the owner of the tract to execute a bond, the owner must
7-4 do so before subdividing the tract unless an alternative financial
7-5 guarantee is provided under Section 232.0045. The bond must:
7-6 (1) be payable to the county judge of the county in
7-7 which the subdivision will be located or to the judge's successors
7-8 in office;
7-9 (2) be in an amount determined by the commissioners
7-10 court to be adequate to ensure proper construction of the roads and
7-11 streets in and drainage requirements for the subdivision, but not
7-12 to exceed the estimated cost of construction of the roads, [and]
7-13 streets, and drainage requirements;
7-14 (3) be executed with sureties as may be approved by
7-15 the court;
7-16 (4) be executed by a company authorized to do business
7-17 as a surety in this state if the court requires a surety bond
7-18 executed by a corporate surety; and
7-19 (5) be conditioned that the roads and streets and the
7-20 drainage requirements for the subdivision will be constructed:
7-21 (A) in accordance with the specifications
7-22 adopted by the court; and
7-23 (B) within a reasonable time set by the court.
7-24 SECTION 6. Section 232.008, Local Government Code, is
7-25 amended by adding Subsection (h) to read as follows:
7-26 (h) The commissioners court may deny a cancellation under
7-27 this section if the commissioners court determines the cancellation
8-1 will prevent the proposed interconnection of infrastructure to
8-2 pending or existing development.
8-3 SECTION 7. Section 232.009, Local Government Code, is
8-4 amended by amending Subsection (c) and adding Subsection (f) to
8-5 read as follows:
8-6 (c) After the application is filed with the commissioners
8-7 court, the court shall publish a notice of the application in a
8-8 newspaper of general circulation in the county. The notice must
8-9 include a statement of the time and place at which the court will
8-10 meet to consider the application and to hear protests to the
8-11 revision of the plat. The notice must be published at least three
8-12 times during the period that begins on the 30th day and ends on the
8-13 seventh day before the date of the meeting. Except as provided by
8-14 Subsection (f), if [If] all or part of the subdivided tract has
8-15 been sold to nondeveloper owners, the court shall also give notice
8-16 to each of those owners by certified or registered mail, return
8-17 receipt requested, at the owner's address in the subdivided tract.
8-18 (f) The commissioners court is not required to give notice
8-19 by mail under Subsection (c) if the plat revision only combines
8-20 existing tracts.
8-21 SECTION 8. (a) This Act takes effect September 1, 1999, and
8-22 applies only to land subdivided or a plat filed on or after that
8-23 date.
8-24 (b) Section 232.0025, Local Government Code, as added by
8-25 this Act, applies only to a plat application submitted to a county
8-26 on or after October 1, 1999. A plat application submitted to a
8-27 county before October 1, 1999, is governed by the law as it existed
9-1 immediately before the effective date of this Act, and that law is
9-2 continued in effect for that purpose.
9-3 SECTION 9. The importance of this legislation and the
9-4 crowded condition of the calendars in both houses create an
9-5 emergency and an imperative public necessity that the
9-6 constitutional rule requiring bills to be read on three several
9-7 days in each house be suspended, and this rule is hereby suspended.