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.