76R9917 DRH-D By Greenberg H.B. No. 775 Substitute the following for H.B. No. 775: By Howard C.S.H.B. No. 775 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of subdivisions by certain counties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 232, Local Government Code, is amended by 1-5 adding Subchapter D to read as follows: 1-6 SUBCHAPTER D. OPTIONAL SUBDIVISION PLATTING 1-7 REQUIREMENTS IN CERTAIN COUNTIES 1-8 Sec. 232.101. APPLICABILITY. This subchapter applies only 1-9 in the unincorporated area located outside the extraterritorial 1-10 jurisdiction of a municipality and in a county: 1-11 (1) with a population of 500,000 or more or in a 1-12 county adjacent to a county in this state with a population of 1-13 500,000 or more; and 1-14 (2) in which Subchapters B and C do not apply. 1-15 Sec. 232.102. ADOPTION BY COMMISSIONERS COURT. The 1-16 commissioners court by order may adopt Subchapter C for the 1-17 subdivision of land in the county, including the use of the model 1-18 rules adopted under Section 16.343, Water Code, except that: 1-19 (1) venue for an action to recover a civil penalty is 1-20 only in a district court in the county in which the defendant 1-21 resides or in a district court in the county in which the violation 1-22 occurs; 1-23 (2) the attorney general does not have the power of 1-24 enforcement in the county as provided by Section 232.080; 2-1 (3) the operation of a county under this subchapter 2-2 does not affect the county's eligibility for financial assistance 2-3 under Subchapter K, Chapter 17, Water Code; and 2-4 (4) other than the model rules adopted under Section 2-5 16.343, Water Code, Subchapter J, Chapter 16, Water Code, does not 2-6 apply in the county. 2-7 SECTION 2. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended, 2-12 and that this Act take effect and be in force from and after its 2-13 passage, and it is so enacted.