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.