1-1 By: Wentworth, Ogden, Lindsay S.B. No. 710
1-2 (In the Senate - Filed February 25, 1999; March 1, 1999, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 29, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 March 29, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 710 By: Nixon
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the subdivision of land outside a municipality.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 232.001, Local Government Code, is
1-13 amended by amending Subsection (a) and adding Subsection (a-1) to
1-14 read as follows:
1-15 (a) The owner of a tract of land located outside the limits
1-16 of a municipality must have a plat of the subdivision prepared if
1-17 the owner [who] divides the tract into two or more parts to lay
1-18 out:
1-19 (1) a subdivision of the tract, including an addition;
1-20 (2) [, or to lay out suburban lots or building] lots;
1-21 or
1-22 (3) [, and to lay out] streets, alleys, squares,
1-23 parks, or other parts of the tract intended to be dedicated to
1-24 public use or for the use of purchasers or owners of lots fronting
1-25 on or adjacent to the streets, alleys, squares, parks, or other
1-26 parts [must have a plat of the subdivision prepared].
1-27 (a-1) A division of a tract under Subsection (a) [this
1-28 subsection] includes a division regardless of whether it is made by
1-29 using a metes and bounds description in a deed of conveyance or in
1-30 a contract for a deed, by using a contract of sale or other
1-31 executory contract to convey, or by using any other method.
1-32 SECTION 2. Section 232.0015, Local Government Code, is
1-33 amended by adding Subsections (c) through (g) to read as follows:
1-34 (c) A county may not require the owner of a tract of land
1-35 located outside the limits of a municipality who divides the tract
1-36 into two or more parts to have a plat of the subdivision prepared
1-37 if:
1-38 (1) the owner does not lay out a part of the tract
1-39 described by Section 232.001(a)(3); and
1-40 (2) the land is to be used primarily for agricultural
1-41 use, as defined by Section 1-d, Article VIII, Texas Constitution,
1-42 or for farm, ranch, wildlife management, or timber production use
1-43 within the meaning of Section 1-d-1, Article VIII, Texas
1-44 Constitution.
1-45 (d) If a tract described by Subsection (c) ceases to be used
1-46 primarily for agricultural use or for farm, ranch, wildlife
1-47 management, or timber production use, the platting requirements of
1-48 this subchapter apply.
1-49 (e) A county may not require the owner of a tract of land
1-50 located outside the limits of a municipality who divides the tract
1-51 into four or fewer parts and does not lay out a part of the tract
1-52 described by Section 232.001(a)(3) to have a plat of the
1-53 subdivision prepared if each of the lots is to be sold, given, or
1-54 otherwise transferred to an individual who is related to the owner
1-55 within the third degree by consanguinity or affinity, as determined
1-56 under Chapter 573, Government Code. If any lot is sold, given, or
1-57 otherwise transferred to an individual who is not related to the
1-58 owner within the third degree by consanguinity or affinity, the
1-59 platting requirements of this subchapter apply.
1-60 (f) A county may not require the owner of a tract of land
1-61 located outside the limits of a municipality who divides the tract
1-62 into two or more parts to have a plat of the subdivision prepared
1-63 if:
1-64 (1) all of the lots of the subdivision are more than
2-1 10 acres in area; and
2-2 (2) the owner does not lay out a part of the tract
2-3 described by Section 232.001(a)(3).
2-4 (g) A county may not require the owner of a tract of land
2-5 located outside the limits of a municipality who divides the tract
2-6 into two or more parts and does not lay out a part of the tract
2-7 described by Section 232.001(a)(3) to have a plat of the
2-8 subdivision prepared if all the lots are sold to veterans through
2-9 the Veterans' Land Board program.
2-10 SECTION 3. Subchapter A, Chapter 232, Local Government Code,
2-11 is amended by adding Section 232.0025 to read as follows:
2-12 Sec. 232.0025. TIMELY APPROVAL OF PLATS. (a) The
2-13 commissioners court of a county or a person designated by the
2-14 commissioners court shall issue a written list of the documentation
2-15 and other information that must be submitted with a plat
2-16 application. The documentation or other information must relate to
2-17 a requirement authorized under this section or other applicable
2-18 law. An application submitted to the commissioners court or the
2-19 person designated by the commissioners court that contains the
2-20 documents and other information on the list is considered complete.
2-21 (b) If a person submits a plat application to the
2-22 commissioners court that does not include all of the documentation
2-23 or other information required by Subsection (a), the commissioners
2-24 court or the court's designee shall, not later than the 10th
2-25 business day after the date the commissioners court receives the
2-26 application, notify the applicant of the missing documents or other
2-27 information. The commissioners court shall allow an applicant to
2-28 timely submit the missing documents or other information.
2-29 (c) An application is considered complete when all
2-30 documentation or other information required by Subsection (a) is
2-31 received.
2-32 (d) Except as provided by Subsection (f), the commissioners
2-33 court or the court's designee shall take final action on a plat
2-34 application, including the resolution of all appeals, not later
2-35 than the 60th day after the date a completed plat application is
2-36 received by the commissioners court or the court's designee.
2-37 (e) If the commissioners court or the court's designee
2-38 disapproves a plat application, the applicant shall be given a
2-39 complete list of the reasons for the disapproval.
2-40 (f) The 60-day period under Subsection (d):
2-41 (1) may be extended for a reasonable period, if
2-42 requested by the applicant;
2-43 (2) may be extended 60 additional days if Chapter
2-44 2007, Government Code, requires the county to perform a takings
2-45 impact assessment in connection with a plat application; and
2-46 (3) applies only to a decision wholly within the
2-47 control of the commissioners court or the court's designee.
2-48 (g) The commissioners court or the court's designee shall
2-49 make the determination under Subsection (f)(2) of whether the
2-50 60-day period will be extended not later than the 20th day after
2-51 the date a completed plat application is received by the
2-52 commissioners court or the court's designee.
2-53 (h) The commissioners court or the court's designee may not
2-54 compel an applicant to waive the time limits contained in this
2-55 section.
2-56 (i) If the commissioners court or the court's designee fails
2-57 to take final action on the plat as required by Subsection (d):
2-58 (1) the commissioners court shall refund the greater
2-59 of the unexpended portion of any plat application fee or deposit or
2-60 50 percent of a plat application fee or deposit that has been paid;
2-61 (2) the plat application is granted by operation of
2-62 law; and
2-63 (3) the applicant may apply to a district court in the
2-64 county where the tract of land is located for a writ of mandamus to
2-65 compel the commissioners court to issue documents recognizing the
2-66 plat's approval.
2-67 SECTION 4. Section 232.003, Local Government Code, is
2-68 amended to read as follows:
2-69 Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted
3-1 and entered in the minutes of the commissioners court, and after a
3-2 notice is published in a newspaper of general circulation in the
3-3 county, the commissioners court may:
3-4 (1) require a right-of-way on a street or road that
3-5 functions as a main artery in a subdivision, of a width of not less
3-6 than 50 feet or more than 100 feet;
3-7 (2) require a right-of-way on any other street or road
3-8 in a subdivision of not less than 40 feet or more than 70 feet;
3-9 (3) require that the shoulder-to-shoulder width on
3-10 collectors or main arteries within the right-of-way be not less
3-11 than 32 feet or more than 56 feet, and that the
3-12 shoulder-to-shoulder width on any other street or road be not less
3-13 than 25 feet or more than 35 feet;
3-14 (4) adopt, based on the amount and kind of travel over
3-15 each street or road in a subdivision, reasonable specifications
3-16 relating to the construction of each street or road;
3-17 (5) adopt reasonable specifications to provide
3-18 adequate drainage for each street or road in a subdivision in
3-19 accordance with standard engineering practices;
3-20 (6) require that each purchase contract made between a
3-21 subdivider and a purchaser of land in the subdivision contain a
3-22 statement describing the extent to which water will be made
3-23 available to the subdivision and, if it will be made available, how
3-24 and when; [and]
3-25 (7) require that the owner of the tract to be
3-26 subdivided execute a good and sufficient bond in the manner
3-27 provided by Section 232.004; and
3-28 (8) adopt reasonable specifications that provide for
3-29 drainage in the subdivision to:
3-30 (A) efficiently manage the flow of storm water
3-31 runoff in the subdivision; and
3-32 (B) coordinate subdivision drainage with the
3-33 general storm drainage pattern for the area.
3-34 SECTION 5. Section 232.004, Local Government Code, is
3-35 amended to read as follows:
3-36 Sec. 232.004. BOND REQUIREMENTS. If the commissioners court
3-37 requires the owner of the tract to execute a bond, the owner must
3-38 do so before subdividing the tract unless an alternative financial
3-39 guarantee is provided under Section 232.0045. The bond must:
3-40 (1) be payable to the county judge of the county in
3-41 which the subdivision will be located or to the judge's successors
3-42 in office;
3-43 (2) be in an amount determined by the commissioners
3-44 court to be adequate to ensure proper construction of the roads and
3-45 streets in and drainage requirements for the subdivision, but not
3-46 to exceed the estimated cost of construction of the roads, [and]
3-47 streets, and drainage requirements;
3-48 (3) be executed with sureties as may be approved by
3-49 the court;
3-50 (4) be executed by a company authorized to do business
3-51 as a surety in this state if the court requires a surety bond
3-52 executed by a corporate surety; and
3-53 (5) be conditioned that the roads and streets and the
3-54 drainage requirements for the subdivision will be constructed:
3-55 (A) in accordance with the specifications
3-56 adopted by the court; and
3-57 (B) within a reasonable time set by the court.
3-58 SECTION 6. Section 232.008, Local Government Code, is
3-59 amended by adding Subsection (h) to read as follows:
3-60 (h) The commissioners court may deny a cancellation under
3-61 this section if the commissioners court determines the cancellation
3-62 will prevent the proposed interconnection of infrastructure to
3-63 pending or existing development.
3-64 SECTION 7. Section 232.009, Local Government Code, is
3-65 amended by amending Subsection (c) and adding Subsection (f) to
3-66 read as follows:
3-67 (c) After the application is filed with the commissioners
3-68 court, the court shall publish a notice of the application in a
3-69 newspaper of general circulation in the county. The notice must
4-1 include a statement of the time and place at which the court will
4-2 meet to consider the application and to hear protests to the
4-3 revision of the plat. The notice must be published at least three
4-4 times during the period that begins on the 30th day and ends on the
4-5 seventh day before the date of the meeting. Except as provided by
4-6 Subsection (f), if [If] all or part of the subdivided tract has
4-7 been sold to nondeveloper owners, the court shall also give notice
4-8 to each of those owners by certified or registered mail, return
4-9 receipt requested, at the owner's address in the subdivided tract.
4-10 (f) The commissioners court is not required to give notice
4-11 by mail under Subsection (c) if the plat revision only combines
4-12 existing tracts.
4-13 SECTION 8. (a) This Act takes effect September 1, 1999, and
4-14 applies only to land subdivided or a plat filed on or after that
4-15 date.
4-16 (b) Section 232.0025, Local Government Code, as added by
4-17 this Act, applies only to a plat application submitted to a county
4-18 on or after October 1, 1999. A plat application submitted to a
4-19 county before October 1, 1999, is governed by the law as it existed
4-20 immediately before the effective date of this Act, and that law is
4-21 continued in effect for that purpose.
4-22 SECTION 9. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.
4-27 * * * * *