By Turner of Coleman H.B. No. 423
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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(a), Local Government Code, is
1-5 amended to read as follows:
1-6 (a) The owner of a tract of land located outside the limits
1-7 of a municipality who divides the tract into two or more parts to
1-8 lay out a subdivision of the tract, including an addition, [or] to
1-9 lay out suburban lots or building lots, or [and] to lay out
1-10 streets, alleys, squares, parks, or other parts of the tract
1-11 intended to be dedicated to public use or for the use of purchasers
1-12 or owners of lots fronting on or adjacent to the streets, alleys,
1-13 squares, parks, or other parts must have a plat of the subdivision
1-14 prepared. A division of a tract under this subsection includes a
1-15 division regardless of whether it is made by using a metes and
1-16 bounds description in a deed of conveyance or in a contract for a
1-17 deed, by using a contract of sale or other executory contract to
1-18 convey, or by using any other method.
1-19 SECTION 2. Section 232.0015, Local Government Code, is
1-20 amended by adding Subsections (c), (d), (e), and (f) to read as
1-21 follows:
2-1 (c) The county may not require the owner of a tract of land
2-2 located outside the limits of a municipality who divides the tract
2-3 into two or more parts to have a plat of the subdivision prepared
2-4 if:
2-5 (1) the owner does not lay out streets, alleys,
2-6 squares, parks, or easements; and
2-7 (2) the land is intended to be used primarily for
2-8 agricultural use, as defined by Section 1-d, Article VIII, Texas
2-9 Constitution.
2-10 (d) If the tract described by Subsection (c) ceases to be
2-11 used primarily for agricultural use, the platting requirements of
2-12 this subchapter apply.
2-13 (e) The county may not require the owner of a tract of land
2-14 located outside the limits of a municipality who divides the land
2-15 into four or fewer parts, does not lay out streets, alleys,
2-16 squares, parks, or easements, and all of the lots are to be sold,
2-17 transferred, or otherwise distributed to individuals who are
2-18 related to the owner within the third degree of consanguinity or
2-19 affinity, the county shall not require the owner to have a plat of
2-20 the subdivision prepared. If any of the lots are sold, transferred,
2-21 or otherwise distributed to individuals who are not related to the
2-22 owner within the third degree of consanguinity or affinity, the
2-23 platting requirements of this chapter apply.
2-24 (f) The county may not require the owner of a tract of land
2-25 located outside the limits of a municipality who divides the tract
3-1 into two or more parts to have a plat of the subdivision prepared
3-2 if:
3-3 (1) all of the lots of the subdivision are more than
3-4 10 acres in area;
3-5 (2) the owner does not lay out streets, alleys,
3-6 squares, parks, or easements; and
3-7 (3) the tract of land is not located within a priority
3-8 groundwater management area as defined in Section 35.002, Texas
3-9 Water Code.
3-10 SECTION 3. Subchapter A, Chapter 232, Local Government Code,
3-11 is amended by adding Section 232.0025 to read as follows:
3-12 Sec. 232.0025. TIMELY APPROVAL OF PLATS. (a) The
3-13 commissioners court of a county or a person designated by the
3-14 commissioners court shall issue a written list of the documentation
3-15 and other information that must be submitted with a plat
3-16 application. The documentation or other information must relate to
3-17 a requirement authorized under this section or other applicable
3-18 law. An application submitted to the commissioners court or the
3-19 person designated by the commissioners court that contains the
3-20 documents and other information on the list is considered complete.
3-21 (b) If a person submits a plat application to the
3-22 commissioners court that does not include all of the documentation
3-23 or other information required by Subsection (a), the commissioners
3-24 court or the court's designee shall, not later than the 10th
3-25 business day after the date the commissioners court receives the
4-1 application, notify the applicant of the missing documents or other
4-2 information. The commissioners court shall allow an applicant to
4-3 timely submit the missing documents or other information.
4-4 (c) An application is considered complete when all
4-5 documentation or other information required by Subsection (a) is
4-6 received.
4-7 (d) Except as provided by Subsection (f), the commissioners
4-8 court or the court's designee shall take final action on a plat
4-9 application, including the resolution of all appeals, not later
4-10 than the 60th day after the date a completed plat application is
4-11 received by the commissioners court or the court's designee.
4-12 (e) If the commissioners court or the court's designee
4-13 disapproves a plat application, the applicant shall be given a
4-14 complete list of the reasons for the disapproval.
4-15 (f) The 60-day period under Subsection (d):
4-16 (1) may be extended for a reasonable period, if
4-17 requested by the applicant; and
4-18 (2) may be extended 30 additional days if Chapter
4-19 2007, Government Code, requires the county to perform a takings
4-20 impact assessment in connection with a plat application; and
4-21 (3) applies only to a decision wholly within the
4-22 control of the commissioners court or the court's designee.
4-23 (g) The commissioners court or the court's designee may not
4-24 compel an applicant to waive the time limits contained in this
4-25 section.
5-1 (h) If the commissioners court or the court's designee fails
5-2 to take final action on the plat as required by Subsection (d):
5-3 (1) the commissioners court shall refund the greater
5-4 of the unexpended portion of any plat application fee or deposit or
5-5 50 percent of a plat application fee or deposit that has been paid;
5-6 (2) the plat application is granted by operation of
5-7 law; and
5-8 (3) the applicant may apply to a district court in the
5-9 county where the plat is located for a writ of mandamus to compel
5-10 the commissioners court to issue documents recognizing the plat's
5-11 approval.
5-12 SECTION 4. Section 232.003, Local Government Code, is
5-13 amended to read as follows:
5-14 Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted
5-15 and entered in the minutes of the commissioners court, and after a
5-16 notice is published in a newspaper of general circulation in the
5-17 county, the commissioners court may:
5-18 (1) require a right-of-way on a street or road that
5-19 functions as a main artery in a subdivision, of a width of not less
5-20 than 50 feet or more than 100 feet;
5-21 (2) require a right-of-way on any other street or road
5-22 in a subdivision of not less than 40 feet or more than 70 feet;
5-23 (3) require that the shoulder-to-shoulder width on
5-24 collectors or main arteries within the right-of-way be not less
5-25 than 32 feet or more than 56 feet, and that the
6-1 shoulder-to-shoulder width on any other street or road be not less
6-2 than 25 feet or more than 35 feet;
6-3 (4) adopt, based on the amount and kind of travel over
6-4 each street or road in a subdivision, reasonable specifications
6-5 relating to the construction of each street or road;
6-6 (5) adopt reasonable specifications to provide
6-7 adequate drainage for each street or road in a subdivision in
6-8 accordance with standard engineering practices;
6-9 (6) require that each purchase contract made between a
6-10 subdivider and a purchaser of land in the subdivision contain a
6-11 statement describing the extent to which water will be made
6-12 available to the subdivision and, if it will be made available, how
6-13 and when; [and]
6-14 (7) require that the owner of the tract to be
6-15 subdivided execute a good and sufficient bond in the manner
6-16 provided by Section 232.004; and
6-17 (8) adopt reasonable specifications which provides for
6-18 drainage in the subdivision to:
6-19 (A) efficiently manage the flow of storm water
6-20 runoff in the subdivision; and
6-21 (B) coordinate subdivision drainage with the
6-22 general storm drainage pattern for the area;
6-23 (9) require lot frontages on all streets and roads be
6-24 at least 15 feet in width.
6-25 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:
8-1 (h) The commissioners court may deny a cancellation under
8-2 this section if the commissioners court determines the cancellation
8-3 will prevent the interconnection of infrastructure to pending or
8-4 existing development.
8-5 SECTION 7. Section 232.009, Local Government Code, is
8-6 amended by amending Subsection (c) and adding Subsection (f) to
8-7 read as follows:
8-8 (c) After the application is filed with the commissioners
8-9 court, the court shall publish a notice of the application in a
8-10 newspaper of general circulation in the county. The notice must
8-11 include a statement of the time and place at which the court will
8-12 meet to consider the application and to hear protests to the
8-13 revision of the plat. The notice must be published at least three
8-14 times during the period that begins on the 30th day and ends on the
8-15 seventh day before the date of the meeting. Except as provided by
8-16 Subsection (f), if [If] all or part of the subdivided tract has
8-17 been sold to nondeveloper owners, the court shall also give notice
8-18 to each of those owners by certified or registered mail, return
8-19 receipt requested, at the owner's address in the subdivided tract.
8-20 (f) The commissioners court is not required to give notice
8-21 by mail under Subsection (c) if the plat revision only combines
8-22 existing tracts.
8-23 SECTION 8. (a) This Act takes effect September 1, 1999, and
8-24 applies only to land subdivided or a plat filed on or after that
8-25 date.
9-1 (b) Section 232.0025, Local Government Code, as added by
9-2 this Act, applies only to a plat application submitted to a county
9-3 on or after October 1, 1999. A plat application submitted to a
9-4 county before October 1, 1999, is governed by the law as it existed
9-5 immediately before the effective date of this Act, and that law is
9-6 continued in effect for that purpose.
9-7 SECTION 9. The importance of this legislation and the
9-8 crowded condition of the calendars in both houses create an
9-9 emergency and an imperative public necessity that the
9-10 constitutional rule requiring bills to be read on three several
9-11 days in each house be suspended, and this rule is hereby suspended.