76R9857 DRH-F                           
         By Dukes                                              H.B. No. 3746
         Substitute the following for H.B. No. 3746:
         By Crabb                                          C.S.H.B. No. 3746
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the replatting of a part of a subdivision.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 212, Local Government Code,
 1-5     is amended by adding Section 212.0145 to read as follows:
 1-6           Sec. 212.0145.  REPLATTING WITHOUT VACATING PRECEDING PLAT:
 1-7     CERTAIN SUBDIVISIONS.  (a)  A replat of a part of a subdivision may
 1-8     be recorded and is controlling over the preceding plat without
 1-9     vacation of that plat if the replat:
1-10                 (1)  is signed and acknowledged by only the owners of
1-11     the property being replatted; and
1-12                 (2)  involves only property:
1-13                       (A)  of less than one acre that fronts an
1-14     existing street; and
1-15                       (B)  that is owned and used by a nonprofit
1-16     corporation established to assist children in at-risk situations
1-17     through volunteer and individualized attention.
1-18           (b)  An existing covenant or restriction for property that is
1-19     replatted under this section does not have to be amended or removed
1-20     if:
1-21                 (1)  the covenant or restriction was recorded more than
1-22     50 years before the date of the replat; and
1-23                 (2)  the replatted property has been continuously used
1-24     by the nonprofit corporation for at least 10 years before the date
 2-1     of the replat.
 2-2           (c)  Sections 212.014 and 212.015 do not apply to a replat
 2-3     under this section.
 2-4           SECTION 2.  Section 212.0065(a), Local Government Code, is
 2-5     amended to read as follows:
 2-6           (a)  The governing body of a municipality may delegate to one
 2-7     or more persons of the municipality or of a utility owned or
 2-8     operated by the municipality the ability to approve:
 2-9                 (1)  amending plats described by Section 212.016; [or]
2-10                 (2)  minor plats involving four or fewer lots fronting
2-11     on an existing street and not requiring the creation of any new
2-12     street or the extension of municipal facilities; or
2-13                 (3)  a replat under Section 212.0145 that does not
2-14     require the creation of any new street or the extension of
2-15     municipal facilities.
2-16           SECTION 3.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended,
2-21     and that this Act take effect and be in force from and after its
2-22     passage, and it is so enacted.