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.