By Cuellar H.B. No. 3782
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 subdivider and seller obligations relating to housing
1-3 programs in certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 232.023(b), Local Government Code, is
1-6 amended to read as follows:
1-7 (b) A plat required under this section must:
1-8 (1) be certified by a surveyor or engineer registered
1-9 to practice in this state;
1-10 (2) define the subdivision by metes and bounds;
1-11 (3) locate the subdivision with respect to an original
1-12 corner of the original survey of which it is a part;
1-13 (4) describe each lot, number each lot in progression,
1-14 and give the dimensions of each lot;
1-15 (5) state the dimensions of and accurately describe
1-16 each lot, street, alley, square, park, easement or other part of
1-17 the tract intended to be dedicated to public use or for the use of
1-18 purchasers or owners of lots fronting on or adjacent to the street,
1-19 alley, square, park, or other part;
1-20 (6) include or have attached a document containing a
1-21 description in English and Spanish of the water and sewer
2-1 facilities and roadways and easements dedicated for the provision
2-2 of water and sewer facilities that will be constructed or installed
2-3 to service the subdivision and a statement specifying the date by
2-4 which the facilities will be fully operable;
2-5 (7) have attached a document prepared by an engineer
2-6 registered to practice in this state certifying that the water and
2-7 sewer service facilities proposed under Subdivision (6) are in
2-8 compliance with the model rules adopted under Section 16.343, Water
2-9 Code, as amended and a certified estimate of the cost to install
2-10 water and sewer service facilities;
2-11 (8) provide for drainage in the subdivision to:
2-12 (A) avoid concentration of storm drainage water
2-13 from each lot to adjacent lots;
2-14 (B) provide positive drainage away from all
2-15 buildings; and
2-16 (C) coordinate individual lot drainage with the
2-17 general storm drainage pattern for the area;
2-18 (9) include a description of the drainage requirements
2-19 as provided in Subdivision (8);
2-20 (10) identify the topography of the area;
2-21 (11) include a certification by a surveyor or engineer
2-22 registered to practice in this state describing any area of the
2-23 subdivision that is in a floodplain or stating that no area is in a
2-24 floodplain; and
2-25 (12) include certification that the subdivider has
3-1 complied with the requirements of Section 232.032 and that:
3-2 (A) the water quality and connections to the
3-3 lots meet, or will meet, the minimum state standards;
3-4 (B) sewer connections to the lots or septic
3-5 tanks meet, or will meet, the minimum requirements of state
3-6 standards;
3-7 (C) electrical connections provided to the lot
3-8 meet, or will meet, the minimum state standards; and
3-9 (D) gas connections, if available, provided to
3-10 the lot meet, or will meet, the minimum state standards.
3-11 (c) A subdivider may meet the requirements of Subsection
3-12 (b)(12)(B) through the use of a certificate issued by the
3-13 appropriate county or state official having jurisdiction over the
3-14 approval of septic systems stating that lots in the subdivision can
3-15 be adequately and legally served by septic systems.
3-16 (d) The subdivider of the tract must acknowledge the plat by
3-17 signing the plat and attached documents and attest to the veracity
3-18 and completeness of the matters asserted in the attached documents
3-19 and in the plat.
3-20 (e) The plat must be filed and recorded with the county
3-21 clerk of the county in which the tract is located. The plat is
3-22 subject to the filing and recording provisions of Section 12.002,
3-23 Property Code.
3-24 SECTION 2. Section 232.032. Local Government Code, is
3-25 amended to read as follows:
4-1 Sec. 232.032. Services Provided by Subdivider. (a) A
4-2 subdivider having an approved plat for a subdivision shall:
4-3 (1) furnish a certified letter from the utility
4-4 provider stating that water is available to the subdivision
4-5 sufficient in quality and quantity to meet minimum state standards
4-6 required by Section 16.343, Water Code, and consistent with the
4-7 certification in the letter, and that water of that quality and
4-8 quantity will be made available to the point of delivery to all
4-9 lots in the subdivision;
4-10 (2) (A) furnish sewage treatment facilities that meet
4-11 minimum state standards to fulfill the wastewater requirements of
4-12 the subdivision, or
4-13 (B) furnish certification by the appropriate
4-14 county or state official having jurisdiction over the approval of
4-15 the septic systems indicating that lots in the subdivision can be
4-16 safely, adequately and legally served by septic systems as provided
4-17 under Chapter 366, Health and Safety Code;
4-18 (3) furnish roads satisfying minimum standards as
4-19 adopted by the county;
4-20 (4) furnish adequate drainage meeting standard
4-21 engineering practices; and
4-22 (5) make a reasonable effort to have electric utility
4-23 service and gas utility service installed by a utility.
4-24 SECTION 3. Section 232.035(c), Local Government Code, is
4-25 amended to read as follows:
5-1 (c) A subdivider who fails to provide, in the time and
5-2 manner described in the plat, for the construction or installation
5-3 of water or sewer service facilities described on the plat or on
5-4 the document attached to the plat or who otherwise violates this
5-5 subchapter or a rule or requirement adopted by the commissioners
5-6 court under this subchapter is subject to a civil penalty of not
5-7 less than $750 [$500] or more than $1,000 for each violation and
5-8 for each day of a continuing violation but not to exceed $5,000
5-9 each day and shall also pay court costs, investigative costs, and
5-10 attorney's fees for the governmental entity bringing the suit.
5-11 SECTION 4. This Act takes effect September 1, 1999.
5-12 SECTION 5. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended.