1-1     By:  Dukes (Senate Sponsor - Barrientos)              H.B. No. 3746
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 13, 1999, reported favorably by
 1-5     the following vote:  Yeas 5, Nays 0; May 13, 1999, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the replatting of a part of a subdivision.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter A, Chapter 212, Local Government Code,
1-12     is amended by adding Section 212.0145 to read as follows:
1-13           Sec. 212.0145.  REPLATTING WITHOUT VACATING PRECEDING PLAT:
1-14     CERTAIN SUBDIVISIONS.  (a)  A replat of a part of a subdivision may
1-15     be recorded and is controlling over the preceding plat without
1-16     vacation of that plat if the replat:
1-17                 (1)  is signed and acknowledged by only the owners of
1-18     the property being replatted; and
1-19                 (2)  involves only property:
1-20                       (A)  of less than one acre that fronts an
1-21     existing street; and
1-22                       (B)  that is owned and used by a nonprofit
1-23     corporation established to assist children in at-risk situations
1-24     through volunteer and individualized attention.
1-25           (b)  An existing covenant or restriction for property that is
1-26     replatted under this section does not have to be amended or removed
1-27     if:
1-28                 (1)  the covenant or restriction was recorded more than
1-29     50 years before the date of the replat; and
1-30                 (2)  the replatted property has been continuously used
1-31     by the nonprofit corporation for at least 10 years before the date
1-32     of the replat.
1-33           (c)  Sections 212.014 and 212.015 do not apply to a replat
1-34     under this section.
1-35           SECTION 2.  Section 212.0065(a), Local Government Code, is
1-36     amended to read as follows:
1-37           (a)  The governing body of a municipality may delegate to one
1-38     or more persons of the municipality or of a utility owned or
1-39     operated by the municipality the ability to approve:
1-40                 (1)  amending plats described by Section 212.016; [or]
1-41                 (2)  minor plats involving four or fewer lots fronting
1-42     on an existing street and not requiring the creation of any new
1-43     street or the extension of municipal facilities; or
1-44                 (3)  a replat under Section 212.0145 that does not
1-45     require the creation of any new street or the extension of
1-46     municipal facilities.
1-47           SECTION 3.  The importance of this legislation and the
1-48     crowded condition of the calendars in both houses create an
1-49     emergency and an imperative public necessity that the
1-50     constitutional rule requiring bills to be read on three several
1-51     days in each house be suspended, and this rule is hereby suspended,
1-52     and that this Act take effect and be in force from and after its
1-53     passage, and it is so enacted.
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