By: Wentworth S.B. No. 1174
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of alternate subdivision platting
1-2 requirements in priority groundwater management areas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 232, Local Government Code, is amended by
1-5 adding Subchapter D to read as follows:
1-6 SUBCHAPTER D. ALTERNATE SUBDIVISION PLATTING REQUIREMENTS IN
1-7 PRIORITY GROUNDWATER MANAGEMENT AREAS
1-8 Sec. 232.091. DEFINITIONS. In this subchapter:
1-9 (1) "Floodplain" means any area in the 100-year
1-10 floodplain that is susceptible to being inundated by water from any
1-11 source and that is identified by the Federal Emergency Management
1-12 Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
1-13 Section 4001 et seq.).
1-14 (2) "Lot" means a parcel of land that is divided for
1-15 residential use.
1-16 (3) "Minimum state standards" means the minimum
1-17 standards set out for:
1-18 (A) adequate drinking water under Sections
1-19 16.343(b)(1) and 35.019, Water Code;
1-20 (B) adequate sewer facilities under Section
1-21 16.343(c)(1), Water Code; or
1-22 (C) the treatment, disposal, and management of
1-23 solid waste under Chapters 361 and 364, Health and Safety Code.
1-24 (4) "Plat" means a map, chart, survey, plan, or replat
2-1 containing a description of the subdivided land with ties to
2-2 permanent landmarks or monuments.
2-3 (5) "Priority groundwater management area" means an
2-4 area designated by the Texas Natural Resource Conservation
2-5 Commission as an area that is experiencing or is expected to
2-6 experience critical groundwater problems.
2-7 (6) "Sell" includes an offer to sell.
2-8 (7) "Sewer," "sewer services," or "sewer facilities"
2-9 means treatment works as defined by Section 17.001, Water Code, or
2-10 individual, on-site, or cluster treatment systems such as septic
2-11 tanks and includes drainage facilities and other improvements for
2-12 proper functioning of septic tank systems.
2-13 (8) "Subdivide" means to divide the surface area of
2-14 land into lots intended primarily for residential use.
2-15 (9) "Subdivider" means a person that owns any interest
2-16 in land and that directly or indirectly subdivides land into lots
2-17 as part of a common promotional plan in the ordinary course of
2-18 business.
2-19 (10) "Subdivision" means an area of land that has been
2-20 subdivided into lots for sale, lease, or transfer.
2-21 (11) "Utility" means a person, including a legal
2-22 entity or political subdivision, that provides the services of:
2-23 (A) an electric utility, as defined by Section
2-24 31.002, Utilities Code;
2-25 (B) a gas utility, as defined by Section
2-26 101.003, Utilities Code;
3-1 (C) a water and sewer utility, as defined by
3-2 Section 13.002, Water Code; and
3-3 (D) a cable television service, as defined by
3-4 Section 151.0033, Tax Code.
3-5 (12) "Utility easement" means an area set aside for
3-6 the installation of utilities that are made available to a lot.
3-7 Sec. 232.092. APPLICABILITY. (a) Except as provided by
3-8 Subsection (b), this subchapter applies only to land that is
3-9 subdivided in the jurisdiction of a county and that is located in a
3-10 priority groundwater management area.
3-11 (b) The commissioners court of a county may determine, by
3-12 order, if the county will apply the provisions of this subchapter
3-13 to the subdivision of property that is incident to or the result of
3-14 the conveyance of the land as a gift between persons related to
3-15 each other within the third degree by affinity or consanguinity, as
3-16 determined under Chapter 573, Government Code.
3-17 (c) For purposes of this section, land is considered in the
3-18 jurisdiction of a county if the land is located in the county,
3-19 outside the corporate limits of municipalities, and outside the
3-20 extraterritorial jurisdiction of municipalities, as determined
3-21 under Chapter 42.
3-22 (d) This subchapter may be applied in conjunction with
3-23 Sections 232.003, 232.004, 232.005, 232.008, and 232.009.
3-24 Sec. 232.093. PLAT REQUIRED. (a) A subdivider of land
3-25 located in the jurisdiction of a county and located in a priority
3-26 groundwater management area must have a plat of the subdivision
4-1 prepared. A subdivision of a tract under this section includes a
4-2 subdivision of real property by any method of conveyance, including
4-3 a contract for deed, oral contract, contract of sale, or other type
4-4 of executory contract, regardless of whether the subdivision is
4-5 made by using a metes and bounds description.
4-6 (b) A plat required under this section must:
4-7 (1) be certified by a surveyor or engineer registered
4-8 in this state;
4-9 (2) define the subdivision by metes and bounds;
4-10 (3) locate the subdivision with respect to an original
4-11 corner of the original survey of which it is a part;
4-12 (4) describe each lot, number each lot in progression,
4-13 and give the dimensions of each lot;
4-14 (5) state the dimensions of and accurately describe
4-15 each lot, street, alley, square, park, utility easement, or other
4-16 part of the tract intended to be dedicated to public use, for the
4-17 use of purchasers or owners of lots within the subdivision, or for
4-18 use by the general public;
4-19 (6) include or have attached a document containing a
4-20 description of the water and sewer facilities and roadways and
4-21 easements dedicated for the provision of water and sewer facilities
4-22 that will be constructed or installed to service the subdivision
4-23 and a statement specifying the date by which the facilities will be
4-24 fully operable or describe whether the facilities to service the
4-25 subdivision will be individual water wells and on-site sewage
4-26 facilities;
5-1 (7) have attached a document prepared by an engineer
5-2 registered to practice in this state certifying that the water and
5-3 sewer service facilities proposed under Subdivision (6) are in
5-4 compliance with the model rules adopted under Section 16.343 or
5-5 Section 35.019, Water Code, and a certified estimate of the cost to
5-6 install water and sewer service facilities;
5-7 (8) provide for drainage in the subdivision to:
5-8 (A) avoid concentration of storm drainage water
5-9 from each lot to adjacent lots;
5-10 (B) provide positive drainage away from all
5-11 buildings; and
5-12 (C) coordinate individual lot drainage with the
5-13 general storm drainage pattern for the area;
5-14 (9) include a description of the drainage requirements
5-15 described in Subdivision (8);
5-16 (10) identify the topography of the area;
5-17 (11) include a certification by a surveyor or engineer
5-18 registered in this state describing any area of the subdivision
5-19 that is in a floodplain or floodway or stating that no area is in a
5-20 floodplain or floodway; and
5-21 (12) include certification that the subdivider has
5-22 complied with the requirements of Section 35.019, Water Code, and
5-23 that:
5-24 (A) an adequate water supply of sufficient
5-25 quantity and quality is available to supply the number of lots
5-26 proposed in the platted area;
6-1 (B) sewer connections to the lots or septic
6-2 tanks meet or exceed, or will meet or exceed, the minimum
6-3 requirements of state standards;
6-4 (C) electrical connections provided to the lots
6-5 meet or exceed, or will meet or exceed, the minimum state
6-6 standards; and
6-7 (D) gas connections, if available, provided to
6-8 the lots meet or exceed, or will meet or exceed, the minimum state
6-9 standards.
6-10 (c) The subdivider of the tract must acknowledge the plat by
6-11 signing the plat and attached documents and attest to the veracity
6-12 and completeness of the matters asserted in the attached documents
6-13 and in the plat.
6-14 (d) The plat must be filed and recorded with the county
6-15 clerk of the county in which the tract is located. The plat is
6-16 subject to the filing and recording provisions of Section 12.002,
6-17 Property Code.
6-18 Sec. 232.094. APPROVAL BY COUNTY REQUIRED. (a) A plat
6-19 filed under Section 232.093 is not valid unless the commissioners
6-20 court of the county in which the land is located approves the plat
6-21 by an order entered in the minutes of the court. The commissioners
6-22 court shall refuse to approve a plat if it does not meet the
6-23 requirements prescribed by or under this subchapter or if any bond
6-24 required under this subchapter is not filed with the county clerk.
6-25 (b) If any part of a plat applies to land intended for
6-26 residential housing and any part of that land lies in a floodplain,
7-1 the commissioners court shall not approve the plat unless the plat
7-2 evidences a restrictive covenant as required by this section. The
7-3 restrictive covenant shall prohibit the construction of residential
7-4 housing in any area of the subdivision that is in a floodplain
7-5 unless the housing qualifies for insurance under the National Flood
7-6 Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).
7-7 (c) On the written request of a person requesting a plat
7-8 under Subsection (b), the commissioners court of a county shall
7-9 make a written determination of the application of Subsection (b)
7-10 to the land proposed to be platted. The commissioners court shall:
7-11 (1) make the determination not later than the 20th day
7-12 after the date the commissioners court receives the request under
7-13 Subsection (b); and
7-14 (2) provide a copy of the determination to the person
7-15 requesting the plat not later than the 10th day after the date of
7-16 the determination.
7-17 (d) A commissioners court of a county may adopt any rules
7-18 necessary to administer this section.
7-19 SECTION 2. This Act applies to land conveyed, subdivided, or
7-20 platted on or after September 1, 1999.