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.
 1-4           SECTION 1.  Chapter 232, Local Government Code, is amended by
 1-5     adding Subchapter D to read as follows:
 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.