By Dukes                                              H.B. No. 3746
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the vacation of part of a plat and replatting of a
 1-3     plat.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 212, Local Government Code, is amended by
 1-6     amending Section 212.014 to read as follows:
 1-7           (a)  A replat of a subdivision or 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;
1-12                 (2)  is approved, after a public hearing on the matter
1-13     at which parties in interest and citizens have an opportunity to be
1-14     heard, by the municipal authority responsible for approving plats;
1-15     and
1-16                 (3)  does not attempt to amend or remove any covenants
1-17     or restrictions.
1-18           (b)  Notwithstanding subsection (a)(2) and (a)(3) of this
1-19     Section and Section 212.015, a replat of part of a subdivision may
1-20     be recorded and is controlling over the preceding plat without a
1-21     public hearing on the matter and without vacation of that plat if
 2-1     the replat is signed and acknowledged by only the owners of the
 2-2     property being replatted if the property involves less than one
 2-3     acre fronting on an existing street and is owned and used as the
 2-4     business office by a non-profit corporation established for the
 2-5     purpose of assisting children in at risk situations by means of
 2-6     volunteer and individualized attention.  Any existing covenants or
 2-7     restrictions do not have to be amended or removed if the covenants
 2-8     or restrictions were recorded more than fifty years before the date
 2-9     of the replat and the replatted lots have been continuously used by
2-10     the non-profit corporation as the business office for a minimum of
2-11     ten years.
2-12           (c)  A replat of part of a subdivision under subsection (b)
2-13     involving less than one acre fronting on an existing street and not
2-14     requiring the creation of any new street or the extension of
2-15     municipal facilities may be approved under Section 212.0065(a)(3)
2-16     of the Local Government Code.
2-17           SECTION 3.  Chapter 212, Local Government Code, is amended by
2-18     amending Subsection (a) to Section 212.0065 to read as follows:
2-19           (a)  The governing body of a municipality may delegate to one
2-20     or more persons of the municipality or of a utility owned or
2-21     operated by the municipality the ability to approve:
2-22                 (1)  amending plats described by Section 212.016; or
2-23                 (2)  minor plats involving four or fewer lots fronting
2-24     on an existing street and not requiring the creation of any new
2-25     street or the extension of municipal facilities; or
 3-1                 (3)  replatting of part of a subdivision involving less
 3-2     than one acre, fronting on an existing street and not requiring the
 3-3     creation of any new street or the extension of municipal
 3-4     facilities, provided the property is owned and used as the business
 3-5     office by a non-profit corporation established for the purpose of
 3-6     assisting children in at risk situations by means of volunteer and
 3-7     individualized attention.
 3-8           SECTION 4.  This Act takes effect on June 1, 1999.
 3-9           SECTION 5.  Emergency. The importance of this legislation and
3-10     the crowded condition of the calendars in both houses create an
3-11     emergency and an imperative public necessity that the
3-12     constitutional rule requiring bills to read on three several days
3-13     in each house be suspended, and this rule is hereby suspended, and
3-14     that this legislation and the crowded condition of the calendars in
3-15     both houses created an emergency and an imperative public necessity
3-16     that the constitutional rule requiring bills to be read on three
3-17     several days in each house be suspended, and this rule is hereby
3-18     suspended.