By Wise H.B. No. 3190
76R9385 T
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) liens to recover the value of the platting and
3-16 infrastructure to the land still owned in the subdivision will be
3-17 filed on all the property of the person who subdivided the land;
3-18 and
3-19 (3) no objections by the Office of the Attorney
3-20 General have been sent to the commissioners court within 90 days of
3-21 submission of the record to the Office of the Attorney General.
3-22 (f) Failure of the Office of the Attorney General to comment
3-23 or object to any variance granted pursuant to this section does not
3-24 constitute any waiver of or agreement to the legality of the
3-25 variance.
3-26 (g) Until approved water and sewer are made available to the
3-27 subdivision, no person may sell more than four lots in the
4-1 subdivision.
4-2 (h) This section does not abrogate any civil or criminal
4-3 prosecution or affect the validity of any penalty against a
4-4 subdivider for a violation of law, regardless of the date on which
4-5 the violation occurred.
4-6 SECTION 2. The section heading to Section 232.042, Local
4-7 Government Code, is amended to read as follows:
4-8 Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS.
4-9 SECTION 3. This Act takes effect September 1, 1999.
4-10 SECTION 4. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.