By Wise, Najera H.B. No. 3190 Substitute the following for H.B. No. 3190: By Crabb C.S.H.B. No. 3190 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to variances from platting requirements for already 1-3 existing subdivisions in certain counties when water and/or 1-4 wastewater services are being brought into those subdivisions. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 232, Local Government Code, 1-7 is amended by adding Section 232.043 to read as follows: 1-8 Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS FOR 1-9 EXISTING SUBDIVISIONS CONDITIONED ON WATER AND WASTEWATER 1-10 AVAILABILITY. (a) The commissioners court may grant a delay or 1-11 variance for the subdivision under this section from the 1-12 requirements of: 1-13 (1) Sections 232.023(b)(8) and 232.023(b)(9), 1-14 (2) Sections 232.025(1), (2), (3), (4), and (5), and 1-15 (3) Sections 232.030(c)(2), (3), (5), and (6). 1-16 (b) The commissioners court may grant a delay or variance on 1-17 an individual lot-by-lot basis under this section from the 1-18 requirements for setbacks or restrictions on the number of 1-19 residences on a lot contained in the Model Subdivision Rules 1-20 developed under Section 16.343, Water Code. 1-21 (c) The commissioners court may grant a variance under this 1-22 section only if: 1-23 (1) at least a majority of the lots in the subdivision 1-24 were sold prior to September 1, 1995; 2-1 (2) at least a majority of the families in the 2-2 subdivision have signed a petition or letter in support of the 2-3 platting waivers; 2-4 (3) the person seeking the delay or variance has 2-5 submitted to the commissioners court documentation providing: 2-6 (A) a description of the water and sewer service 2-7 facilities that will be constructed or installed to service the 2-8 subdivision; 2-9 (B) a statement of the date by which the 2-10 facilities will be fully operable; and 2-11 (C) a statement by an engineer registered to 2-12 practice in this state certifying that the water and sewer services 2-13 facilities described by paragraph (A) will meet the minimum state 2-14 standards; 2-15 (4) the commissioners court finds that at the time the 2-16 delay or variance is sought that the unplatted subdivision is built 2-17 out in both such a manner and to such an extent that compliance 2-18 with particular provisions of the platting requirements is either 2-19 impractical or contrary to the health and safety of the residents 2-20 of the subdivision; 2-21 (5) the person seeking the delay or variance has not 2-22 violated state or federal law in making the subdivision of the land 2-23 for which the variance is requested; and 2-24 (6) the person who subdivided the land and created the 2-25 unplatted subdivision no longer owns property in the subdivision. 2-26 (d) If the commissioners court grants a delay or variance 2-27 under this section, it must: 3-1 (1) issue findings stating the reason why compliance 3-2 with each particular requirement is impractical or contrary to the 3-3 health and safety of residents of the subdivision; 3-4 (2) compile a record of decision that includes the 3-5 findings and the information submitted to demonstrate compliance 3-6 with this section; and 3-7 (3) submit a copy of the record to the Office of the 3-8 Attorney General. 3-9 (e) If the commissioners court finds that the person who 3-10 subdivided the land and created the unplatted subdivision continues 3-11 to own property in the subdivision, then a variance may only be 3-12 granted if: 3-13 (1) all other subsections of this section are complied 3-14 with; and 3-15 (2) no objections by the Office of the Attorney 3-16 General have been sent to the commissioners court within 90 days of 3-17 submission of the record to the Office of the Attorney General. 3-18 (f) Failure of the Office of the Attorney General to comment 3-19 or object to any variance granted pursuant to this section does not 3-20 constitute any waiver of or agreement to the legality of the 3-21 variance. 3-22 (g) Until approved water and sewer are made available to the 3-23 subdivision, no person may sell more than four lots in the 3-24 subdivision. 3-25 (h) This section does not abrogate any civil or criminal 3-26 prosecution or affect the validity of any penalty against a 3-27 subdivider for a violation of law, regardless of the date on which 4-1 the violation occurred. 4-2 SECTION 2. The section heading to Section 232.042, Local 4-3 Government Code, is amended to read as follows: 4-4 Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS. 4-5 SECTION 3. This Act takes effect September 1, 1999. 4-6 SECTION 4. The importance of this legislation and the 4-7 crowded condition of the calendars in both houses create an 4-8 emergency and an imperative public necessity that the 4-9 constitutional rule requiring bills to be read on three several 4-10 days in each house be suspended, and this rule is hereby suspended.