By:  Wentworth, Ogden, Lindsay                         S.B. No. 710
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the subdivision of land outside a municipality.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 232.001, Local Government Code, is
 1-4     amended by amending Subsection (a) and adding Subsection (a-1) to
 1-5     read as follows:
 1-6           (a)  The owner of a tract of land located outside the limits
 1-7     of a municipality must have a plat of the subdivision prepared if
 1-8     the owner [who] divides the tract into two or more parts to lay
 1-9     out:
1-10                 (1)  a subdivision of the tract, including an addition;
1-11                 (2)  [, or to lay out suburban lots or building] lots;
1-12     or
1-13                 (3)  [, and to lay out] streets, alleys, squares,
1-14     parks, or other parts of the tract intended to be dedicated to
1-15     public use or for the use of purchasers or owners of lots fronting
1-16     on or adjacent to the streets, alleys, squares, parks, or other
1-17     parts [must have a plat of the subdivision prepared].
1-18           (a-1)  A division of a tract under Subsection (a) [this
1-19     subsection] includes a division regardless of whether it is made by
1-20     using a metes and bounds description in a deed of conveyance or in
1-21     a contract for a deed, by using a contract of sale or other
1-22     executory contract to convey, or by using any other method.
1-23           SECTION 2.  Section 232.0015, Local Government Code, is
1-24     amended by adding Subsections (c) through (k) to read as follows:
 2-1           (c)  A county may not require the owner of a tract of land
 2-2     located outside the limits of a municipality who divides the tract
 2-3     into two or more parts to have a plat of the subdivision prepared
 2-4     if:
 2-5                 (1)  the owner does not lay out a part of the tract
 2-6     described by Section 232.001(a)(3); and
 2-7                 (2)  the land is to be used primarily for agricultural
 2-8     use, as defined by Section 1-d, Article VIII, Texas Constitution,
 2-9     or for farm, ranch, wildlife management, or timber production use
2-10     within the meaning of Section 1-d-1, Article VIII, Texas
2-11     Constitution.
2-12           (d)  If a tract described by Subsection (c) ceases to be used
2-13     primarily for agricultural use or for farm, ranch, wildlife
2-14     management, or timber production use, the platting requirements of
2-15     this subchapter apply.
2-16           (e)  A county may not require the owner of a tract of land
2-17     located outside the limits of a municipality who divides the tract
2-18     into four or fewer parts and does not lay out a part of the tract
2-19     described by Section 232.001(a)(3) to have a plat of the
2-20     subdivision prepared if each of the lots is to be sold, given, or
2-21     otherwise transferred to an individual who is related to the owner
2-22     within the third degree by consanguinity or affinity, as determined
2-23     under Chapter 573, Government Code.  If any lot is sold, given, or
2-24     otherwise transferred to an individual who is not related to the
2-25     owner within the third degree by consanguinity or affinity, the
2-26     platting requirements of this subchapter apply.
 3-1           (f)  A county may not require the owner of a tract of land
 3-2     located outside the limits of a municipality who divides the tract
 3-3     into two or more parts to have a plat of the subdivision prepared
 3-4     if:
 3-5                 (1)  all of the lots of the subdivision are more than
 3-6     10 acres in area; and
 3-7                 (2)  the owner does not lay out a part of the tract
 3-8     described by Section 232.001(a)(3).
 3-9           (g)  A county may not require the owner of a tract of land
3-10     located outside the limits of a municipality who divides the tract
3-11     into two or more parts and does not lay out a part of the tract
3-12     described by Section 232.001(a)(3) to have a plat of the
3-13     subdivision prepared if all the lots are sold to veterans through
3-14     the Veterans' Land Board program.
3-15           (h)  The provisions of this subchapter shall not apply to a
3-16     subdivision of any tract of land belonging to the state or any
3-17     state agency, board, or commission or owned by the permanent school
3-18     fund or any other dedicated funds of the state unless the
3-19     subdivision lays out a part of the tract described by Section
3-20     232.001(a)(3).
3-21           (i)  A county may not require the owner of a tract of land
3-22     located outside the limits of a municipality who divides the tract
3-23     into two or more parts to have a plat of the subdivision prepared
3-24     if:
3-25                 (1)  the owner of the land is a political subdivision
3-26     of the state;
 4-1                 (2)  the land is situated in a floodplain; and
 4-2                 (3)  the lots are sold to adjoining landowners.
 4-3           (j)  A county may not require the owner of a tract of land
 4-4     located outside the limits of a municipality who divides the tract
 4-5     into two parts to have a plat of the subdivision prepared if:
 4-6                 (1)  the owner does not lay out a part of the tract
 4-7     described by Section 232.001(a)(3); and
 4-8                 (2)  one new part is to be retained by the owner, and
 4-9     the other new part is to be transferred to another person who will
4-10     further subdivide the tract subject to the plat approval
4-11     requirements of this chapter.
4-12           (k)  A county may not require the owner of a tract of land
4-13     located outside the limits of a municipality who divides the tract
4-14     into two or more parts to have a plat of the subdivision prepared
4-15     if:
4-16                 (1)  the owner does not lay out a part of the tract
4-17     described by Section 232.001(a)(3); and
4-18                 (2)  all parts are transferred to persons who owned an
4-19     undivided interest in the original tract and a plat is filed before
4-20     any further development of any part of the tract.
4-21           SECTION 3.  Subchapter A, Chapter 232, Local Government Code,
4-22     is amended by adding Section 232.0025 to read as follows:
4-23           Sec. 232.0025.  TIMELY APPROVAL OF PLATS.  (a)  The
4-24     commissioners court of a county  or a person designated by the
4-25     commissioners court shall issue a written list of the documentation
4-26     and other information that must be submitted with a plat
 5-1     application.  The documentation or other information must relate to
 5-2     a requirement authorized under this section or other applicable
 5-3     law.  An application submitted to the commissioners court or the
 5-4     person designated by the commissioners court that contains the
 5-5     documents and other information on the list is considered complete.
 5-6           (b)  If a person submits a plat application to the
 5-7     commissioners court that does not include all of the documentation
 5-8     or other information required by Subsection (a), the commissioners
 5-9     court or the court's designee shall, not later than the 10th
5-10     business day after the date the commissioners court receives the
5-11     application, notify the applicant of the missing documents or other
5-12     information.  The commissioners court shall allow an applicant to
5-13     timely submit the missing documents or other information.
5-14           (c)  An application is considered complete when all
5-15     documentation or other information required by Subsection (a) is
5-16     received.  Acceptance by the commissioners court or the court's
5-17     designee of a completed plat application with the documentation or
5-18     other information required by Subsection (a) shall not be construed
5-19     as approval of the documentation or other information.
5-20           (d)  Except as provided by Subsection (f), the commissioners
5-21     court  or the court's  designee shall take final action on a plat
5-22     application, including the resolution of all appeals, not later
5-23     than the 60th day after the date a completed plat application is
5-24     received by the commissioners court or the court's designee.
5-25           (e)  If the commissioners court or the court's designee
5-26     disapproves a plat application, the applicant shall be given a
 6-1     complete list of the reasons for the disapproval.
 6-2           (f)  The 60-day period under Subsection (d):
 6-3                 (1)  may be extended for a reasonable period, if agreed
 6-4     to in writing by the applicant and approved by the commissioners
 6-5     court or the court's designee;
 6-6                 (2)  may be extended 60 additional days if Chapter
 6-7     2007, Government Code, requires the county to perform a takings
 6-8     impact assessment in connection with a plat application; and
 6-9                 (3)  applies only to a decision wholly within the
6-10     control of the commissioners court or the court's designee.
6-11           (g)  The commissioners court or the court's designee shall
6-12     make the determination under Subsection (f)(2) of whether the
6-13     60-day period will be extended not later than the 20th day after
6-14     the date a completed plat application is received by the
6-15     commissioners court or the court's designee.
6-16           (h)  The commissioners court or the court's designee may not
6-17     compel an applicant to waive the time limits contained in this
6-18     section.
6-19           (i)  If the commissioners court or the court's designee fails
6-20     to take final action on the plat as required by Subsection (d):
6-21                 (1)  the commissioners court shall refund the greater
6-22     of the unexpended portion of any plat application fee or deposit or
6-23     50 percent of a plat application fee or deposit that has been paid;
6-24                 (2)  the plat application is granted by operation of
6-25     law; and
6-26                 (3)  the applicant may apply to a district court in the
 7-1     county where the tract of land is located for a writ of mandamus to
 7-2     compel the commissioners court to issue documents recognizing the
 7-3     plat's approval.
 7-4           SECTION 4.  Section 232.003, Local Government Code, is
 7-5     amended to read as follows:
 7-6           Sec. 232.003.  SUBDIVISION REQUIREMENTS.  By an order adopted
 7-7     and entered in the minutes of the commissioners court, and after a
 7-8     notice is published in a newspaper of general circulation in the
 7-9     county, the commissioners court may:
7-10                 (1)  require a right-of-way on a street or road that
7-11     functions as a main artery in a subdivision, of a width of not less
7-12     than 50 feet or more than 100 feet;
7-13                 (2)  require a right-of-way on any other street or road
7-14     in a subdivision of not less than 40 feet or more than 70 feet;
7-15                 (3)  require that the shoulder-to-shoulder width on
7-16     collectors or main arteries within the right-of-way be not less
7-17     than 32 feet or more than 56 feet, and that the
7-18     shoulder-to-shoulder width on any other street or road be not less
7-19     than 25 feet or more than 35 feet;
7-20                 (4)  adopt, based on the amount and kind of travel over
7-21     each street or road in a subdivision, reasonable specifications
7-22     relating to the construction of each street or road;
7-23                 (5)  adopt reasonable specifications to provide
7-24     adequate drainage for each street or road in a subdivision in
7-25     accordance with standard engineering practices;
7-26                 (6)  require that each purchase contract made between a
 8-1     subdivider and a purchaser of land in the subdivision contain a
 8-2     statement describing the extent to which water will be made
 8-3     available to the subdivision and, if it will be made available, how
 8-4     and when; [and]
 8-5                 (7)  require that the owner of the tract to be
 8-6     subdivided execute a good and sufficient bond in the manner
 8-7     provided by Section 232.004; and
 8-8                 (8)  adopt reasonable specifications that provide for
 8-9     drainage in the subdivision to:
8-10                       (A)  efficiently manage the flow of stormwater
8-11     runoff in the subdivision; and
8-12                       (B)  coordinate subdivision drainage with the
8-13     general storm drainage pattern for the area.
8-14           SECTION 5.  Subchapter A, Chapter 232, Local Government Code,
8-15     is amended by adding Section 232.0031 to read as follows:
8-16           Sec. 232.0031.  STANDARD FOR ROADS IN SUBDIVISION.  A county
8-17     may not impose under Section 232.003 a higher standard for streets
8-18     or roads in a subdivision than the county imposes on itself for
8-19     streets or roads with a similar type and amount of traffic.
8-20           SECTION 6.  Section 232.004, Local Government Code, is
8-21     amended to read as follows:
8-22           Sec. 232.004.  BOND REQUIREMENTS.  If the commissioners court
8-23     requires the owner of the tract to execute a bond, the owner must
8-24     do so before subdividing the tract unless an alternative financial
8-25     guarantee is provided under Section 232.0045.  The bond must:
8-26                 (1)  be payable to the county judge of the county in
 9-1     which the subdivision will be located or to the judge's successors
 9-2     in office;
 9-3                 (2)  be in an amount determined by the commissioners
 9-4     court to be adequate to ensure proper construction of the roads and
 9-5     streets in and drainage requirements for the subdivision, but not
 9-6     to exceed the estimated cost of construction of the roads, [and]
 9-7     streets, and drainage requirements;
 9-8                 (3)  be executed with sureties as may be approved by
 9-9     the court;
9-10                 (4)  be executed by a company authorized to do business
9-11     as a surety in this state if the court requires a surety bond
9-12     executed by a corporate surety; and
9-13                 (5)  be conditioned that the roads and streets and the
9-14     drainage requirements for the subdivision will be constructed:
9-15                       (A)  in accordance with the specifications
9-16     adopted by the court; and
9-17                       (B)  within a reasonable time set by the court.
9-18           SECTION 7.  Section 232.008, Local Government Code, is
9-19     amended by adding Subsection (h) to read as follows:
9-20           (h)  The commissioners court may deny a cancellation under
9-21     this section if the commissioners court determines the cancellation
9-22     will prevent the proposed interconnection of infrastructure to
9-23     pending or existing development.
9-24           SECTION 8.  Section 232.009, Local Government Code, is
9-25     amended by amending Subsection (c) and adding Subsection (f) to
9-26     read as follows:
 10-1          (c)  After the application is filed with the commissioners
 10-2    court, the court shall publish a notice of the application in a
 10-3    newspaper of general circulation in the county.  The notice must
 10-4    include a statement of the time and place at which the court will
 10-5    meet to consider the application and to hear protests to the
 10-6    revision of the plat.  The notice must be published at least three
 10-7    times during the period that begins on the 30th day and ends on the
 10-8    seventh day before the date of the meeting.  Except as provided by
 10-9    Subsection (f), if [If] all or part of the subdivided tract has
10-10    been sold to nondeveloper owners, the court shall also give notice
10-11    to each of those owners by certified or registered mail, return
10-12    receipt requested, at the owner's address in the subdivided tract.
10-13          (f)  The commissioners court is not required to give notice
10-14    by mail under Subsection (c) if the plat revision only combines
10-15    existing tracts.
10-16          SECTION 9.  (a)  This Act takes effect September 1, 1999, and
10-17    applies only to land subdivided or a plat filed on or after that
10-18    date.
10-19          (b)  Section 232.0025, Local Government Code, as added by
10-20    this Act, applies only to a plat application submitted to a county
10-21    on or after October 1, 1999.  A plat application submitted to a
10-22    county before October 1, 1999, is governed by the law as it existed
10-23    immediately before the effective date of this Act, and that law is
10-24    continued in effect for that purpose.
10-25          SECTION 10.  The importance of this legislation and the
10-26    crowded condition of the calendars in both houses create an
 11-1    emergency and an imperative public necessity that the
 11-2    constitutional rule requiring bills to be read on three several
 11-3    days in each house be suspended, and this rule is hereby suspended.