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.