1-1                                   AN ACT
 1-2     relating to prohibiting the recording of a plat or replat of a
 1-3     subdivision of real property if ad valorem taxes are delinquent.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 12.002, Property Code, is amended by
 1-6     amending Subsections (a), (b), (c), (e), and (f) and adding
 1-7     Subsection (g) to read as follows:
 1-8           (a)  The county clerk or a deputy of the clerk with whom a
 1-9     plat or replat of a subdivision of real property is filed for
1-10     recording shall determine whether the plat or replat is required by
1-11     law to be approved by a county or municipal authority or both.  The
1-12     clerk or deputy may not record a plat or replat [requiring
1-13     approval] unless it is approved as provided by law by the
1-14     appropriate authority and unless the plat or replat has attached to
1-15     it the documents required by Subsection (e) or by Section 212.0105
1-16     or 232.023 [232.0035], Local Government Code, if applicable. If a
1-17     plat or replat does not indicate whether land covered by the plat
1-18     or replat is in the extraterritorial jurisdiction of the
1-19     municipality, the county clerk may require the person filing the
1-20     plat or replat for recording to file with the clerk an affidavit
1-21     stating that information.
1-22           (b)  A person may not file for record or have recorded in the
1-23     county clerk's office a plat or replat of a subdivision of real
1-24     property unless it is approved as provided by law by the
 2-1     appropriate authority and unless the plat or replat has attached to
 2-2     it the documents required by Section 212.0105 or 232.023
 2-3     [232.0035], Local Government Code, if applicable.
 2-4           (c)  Except as provided by Subsection (d), a person who
 2-5     subdivides real property may not use the subdivision's description
 2-6     in a deed of conveyance, a contract for a deed, or a contract of
 2-7     sale or other executory contract to convey that is delivered to a
 2-8     purchaser unless the plat or replat of the subdivision is approved
 2-9     and is filed for record with the county clerk of the county in
2-10     which the property is located and unless the plat or replat has
2-11     attached to it the documents required by Subsection (e) or by
2-12     Section 212.0105 or 232.023 [232.0035], Local Government Code, if
2-13     applicable.
2-14           (e)  A person may not file for record or have recorded in the
2-15     county clerk's office a plat or replat of a subdivision of real
2-16     property unless the plat or replat has attached to it an original
2-17     tax certificate from each taxing unit with jurisdiction of the real
2-18     property indicating that no delinquent ad valorem taxes are owed on
2-19     the real property.  This subsection does not apply if more than one
2-20     person acquired the real property from a decedent under a will or
2-21     by inheritance and those persons owning an undivided interest in
2-22     the property obtained approval to subdivide the property to provide
2-23     each person with a divided interest and a separate title to the
2-24     property.
2-25           (f)  A person commits an offense if the person violates
2-26     Subsection (b), [or] (c), or (e).  An offense under this subsection
2-27     is a misdemeanor punishable by a fine of not less than $10 or more
 3-1     than $500, by confinement in the county jail for a term not to
 3-2     exceed 90 days, or by both the fine and confinement.  Each
 3-3     violation constitutes a separate offense and also constitutes prima
 3-4     facie evidence of an attempt to defraud.
 3-5           (g) [(f)]  This section does not apply to a partition by a
 3-6     court.
 3-7           SECTION 2.  This Act takes effect September 1, 1999.
 3-8           SECTION 3.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1563 was passed by the House on May
         11, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1563 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor