By Bosse H.B. No. 1563
76R5032 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting subdividing or amending in any manner the
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. Subchapter Z, Chapter 212, Local Government Code,
1-6 is amended by adding Section 212.905 to read as follows:
1-7 Sec. 212.905. TAX CERTIFICATES REQUIRED. (a) A municipal
1-8 authority responsible for approving plats may not approve a plat,
1-9 replat, vacation of a plat, or amendment of a plat of real property
1-10 under this chapter unless the person requesting approval submits an
1-11 original tax certificate from each taxing unit with jurisdiction of
1-12 the property indicating that no delinquent ad valorem taxes are
1-13 owed on the real property.
1-14 (b) This section does not apply if more than one person
1-15 acquired the real property from a decedent under a will or by
1-16 inheritance and those persons owning an undivided interest in the
1-17 property request approval to subdivide the property to provide each
1-18 person with a divided interest and a separate title to the
1-19 property.
1-20 SECTION 2. Chapter 232, Local Government Code, is amended by
1-21 adding Subchapter Z to read as follows:
1-22 SUBCHAPTER Z. MISCELLANEOUS
1-23 Sec. 232.901. TAX CERTIFICATES REQUIRED. (a) The
1-24 commissioners court of a county may not approve a plat, replat,
2-1 cancellation of a plat, or revision of a plat of real property
2-2 under this chapter unless the person requesting approval submits an
2-3 original tax certificate from each taxing unit indicating that no
2-4 delinquent ad valorem taxes are owed on the real property.
2-5 (b) This section does not apply if more than one person
2-6 acquired the real property from a decedent under a will or by
2-7 inheritance and those persons request approval to subdivide the
2-8 property.
2-9 SECTION 3. (a) This Act takes effect September 1, 1999.
2-10 (b) The change in law made by this Act applies only to:
2-11 (1) a request for the approval of a plat, replat,
2-12 vacation of a plat, or amendment of a plat submitted to a municipal
2-13 authority responsible for approving plats on or after the effective
2-14 date of this Act; and
2-15 (2) a request for the approval of a plat, replat,
2-16 cancellation of a plat, or revision of a plat submitted to the
2-17 commissioners court of a county on or after the effective date of
2-18 this Act.
2-19 (c) A request for approval by a municipal authority
2-20 responsible for approving plats or a commissioners court of a
2-21 county that is submitted before the effective date of this Act is
2-22 governed by the law in effect when the request for approval was
2-23 submitted, and the former law is continued in effect for that
2-24 purpose.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.