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.
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