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.