By Wentworth                                          S.B. No. 1174
         76R7962 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of alternate subdivision platting
 1-3     requirements in priority groundwater management areas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 232, Local Government Code, is amended by
 1-6     adding Subchapter D to read as follows:
 1-7        SUBCHAPTER D. ALTERNATE SUBDIVISION PLATTING REQUIREMENTS IN
 1-8                    PRIORITY GROUNDWATER MANAGEMENT AREAS
 1-9           Sec. 232.091.  DEFINITIONS.  In this subchapter:
1-10                 (1)  "Common promotional plan" means any plan or scheme
1-11     of operation undertaken by a single subdivider or a group of
1-12     subdividers acting in concert, either personally or by an agent, to
1-13     offer for sale or lease lots when the land is:
1-14                       (A)  contiguous or part of the same area of land;
1-15     or
1-16                       (B)  known, designated, or advertised as a common
1-17     unit or by a common name.
1-18                 (2)  "Floodplain" means any area in the 100-year
1-19     floodplain that is susceptible to being inundated by water from any
1-20     source and that is identified by the Federal Emergency Management
1-21     Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
1-22     Section 4001 et seq.).
1-23                 (3)  "Lease" includes an offer to lease.
1-24                 (4)  "Lot" means a parcel of land that is divided for
 2-1     residential use.
 2-2                 (5)  "Minimum state standards" means the minimum
 2-3     standards set out for:
 2-4                       (A)  adequate drinking water under Sections
 2-5     16.343(b)(1) and 35.019, Water Code;
 2-6                       (B)  adequate sewer facilities under Section
 2-7     16.343(c)(1), Water Code; or
 2-8                       (C)  the treatment, disposal, and management of
 2-9     solid waste under Chapters 361 and 364, Health and Safety Code.
2-10                 (6)  "Plat" means a map, chart, survey, plan, or replat
2-11     containing a description of the subdivided land with ties to
2-12     permanent landmarks or monuments.
2-13                 (7)  "Priority groundwater management area" means an
2-14     area designated by the Texas Natural Resource Conservation
2-15     Commission as an area that is experiencing or is expected to
2-16     experience critical groundwater problems.
2-17                 (8)  "Sell" includes an offer to sell.
2-18                 (9)  "Sewer," "sewer services," or "sewer facilities"
2-19     means treatment works as defined by Section 17.001, Water Code, or
2-20     individual, on-site, or cluster treatment systems such as septic
2-21     tanks and includes drainage facilities and other improvements for
2-22     proper functioning of septic tank systems.
2-23                 (10)  "Subdivide" means to divide the surface area of
2-24     land into lots intended primarily for residential use.
2-25                 (11)  "Subdivider" means a person that owns any
2-26     interest in land and that directly or indirectly subdivides land
2-27     into lots as part of a common promotional plan in the ordinary
 3-1     course of business.
 3-2                 (12)  "Subdivision" means an area of land that has been
 3-3     subdivided into lots for sale or lease.
 3-4                 (13)  "Utility" means a person, including a legal
 3-5     entity or political subdivision, that provides the services of:
 3-6                       (A)  an electric utility, as defined by Section
 3-7     31.002, Utilities Code;
 3-8                       (B)  a gas utility, as defined by Section
 3-9     101.003, Utilities Code; and
3-10                       (C)  a water and sewer utility, as defined by
3-11     Section 13.002, Water Code.
3-12           Sec. 232.092.  APPLICABILITY.  (a)  This subchapter applies
3-13     only to land that is subdivided into four or more lots intended
3-14     primarily for residential use in the jurisdiction of a county and
3-15     that is located in a priority groundwater management area.  This
3-16     subchapter does not apply if the subdivision is incident to or the
3-17     result of the conveyance of the land as a gift between persons
3-18     related to each other within the third degree by affinity or
3-19     consanguinity, as determined under Chapter 573, Government Code.
3-20           (b)  For purposes of this section, land is considered in the
3-21     jurisdiction of a county if the land is located in the county,
3-22     outside the corporate limits of municipalities, and outside the
3-23     extraterritorial jurisdiction of municipalities, as determined
3-24     under Chapter 42.
3-25           Sec. 232.093.  PLAT REQUIRED.  (a)  A subdivider of land
3-26     located in the jurisdiction of a county and located in a priority
3-27     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, or other part of the tract
4-16     intended to be dedicated to public use or for the use of purchasers
4-17     or owners of lots fronting on or adjacent to the street, alley,
4-18     square, park, or other part;
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;
4-25                 (7)  have attached a document prepared by an engineer
4-26     registered to practice in this state certifying that the water and
4-27     sewer service facilities proposed under Subdivision (6) are in
 5-1     compliance with the model rules adopted under Section 16.343 or
 5-2     Section 35.019, Water Code, and a certified estimate of the cost to
 5-3     install water and sewer service facilities;
 5-4                 (8)  provide for drainage in the subdivision to:
 5-5                       (A)  avoid concentration of storm drainage water
 5-6     from each lot to adjacent lots;
 5-7                       (B)  provide positive drainage away from all
 5-8     buildings; and
 5-9                       (C)  coordinate individual lot drainage with the
5-10     general storm drainage pattern for the area;
5-11                 (9)  include a description of the drainage requirements
5-12     described in Subdivision (8);
5-13                 (10)  identify the topography of the area;
5-14                 (11)  include a certification by a surveyor or engineer
5-15     registered in this state describing any area of the subdivision
5-16     that is in a floodplain or stating that no area is in a floodplain;
5-17     and
5-18                 (12)  include certification that the subdivider has
5-19     complied with the requirements of Section 232.102 and Section
5-20     35.019, Water Code, and that:
5-21                       (A)  the water quality and connections to the
5-22     lots meet, or will meet, the minimum state standards and
5-23     requirements to prevent current or projected use from exceeding the
5-24     safe sustainable yield of the county's water supply;
5-25                       (B)  sewer connections to the lots or septic
5-26     tanks meet, or will meet, the minimum requirements of state
5-27     standards;
 6-1                       (C)  electrical connections provided to the lot
 6-2     meet, or will meet, the minimum state standards; and
 6-3                       (D)  gas connections, if available, provided to
 6-4     the lot meet, or will meet, the minimum state standards.
 6-5           (c)  A subdivider may meet the requirements of Subsection
 6-6     (b)(12)(B) by obtaining a certificate issued by the appropriate
 6-7     county or state official having jurisdiction over the approval of
 6-8     septic systems stating that lots in the subdivision can be
 6-9     adequately and legally served by septic systems.
6-10           (d)  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           (e)  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,
6-27     the commissioners court shall not approve the plat unless the plat
 7-1     evidences a restrictive covenant as required by this section.  The
 7-2     restrictive covenant shall prohibit the construction of residential
 7-3     housing in any area of the subdivision that is in a floodplain
 7-4     unless the housing qualifies for insurance under the National Flood
 7-5     Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).
 7-6           (c)  On request, the county clerk shall provide the attorney
 7-7     general or the Texas Water Development Board:
 7-8                 (1)  a copy of each plat that is approved under this
 7-9     subchapter; or
7-10                 (2)  the reasons in writing and any documentation that
7-11     support a variance granted under Section 232.112.
7-12           Sec. 232.095.  SUBDIVISION REQUIREMENTS.  By an order adopted
7-13     and entered in the minutes of the commissioners court, and after a
7-14     notice is published in a newspaper of general circulation in the
7-15     county, the commissioners court shall for each subdivision:
7-16                 (1)  require a right-of-way on a street or road that
7-17     functions as a main artery in a subdivision, of a width of not less
7-18     than 50 feet or more than 100 feet;
7-19                 (2)  require a right-of-way on any other street or road
7-20     in a subdivision of not less than 40 feet or more than 70 feet;
7-21                 (3)  require that the shoulder-to-shoulder width on
7-22     collectors or main arteries within the right-of-way be not less
7-23     than 32 feet or more than 56 feet, and that the
7-24     shoulder-to-shoulder width on any other street or road be not less
7-25     than 25 feet or more than 35 feet;
7-26                 (4)  adopt, based on the amount and kind of travel over
7-27     each street or road in a subdivision, reasonable specifications
 8-1     relating to the construction of each street or road;
 8-2                 (5)  adopt reasonable specifications to provide
 8-3     adequate drainage for each street or road in a subdivision in
 8-4     accordance with standard engineering practices;
 8-5                 (6)  require that each purchase contract made between a
 8-6     subdivider and a purchaser of land in the subdivision contain a
 8-7     statement describing how and when water, sewer, electricity, and
 8-8     gas services will be made available to the subdivision; and
 8-9                 (7)  require that the subdivider of the tract execute a
8-10     bond in the manner provided by Section 232.097.
8-11           Sec. 232.096.  WATER AND SEWER SERVICE EXTENSION.  (a)  The
8-12     commissioners court may extend, beyond the date specified on the
8-13     plat or on the document attached to the plat, the date by which the
8-14     water and sewer service facilities must be fully operable if the
8-15     commissioners court finds the extension is reasonable and not
8-16     contrary to the public interest.
8-17           (b)  The commissioners court may not grant an extension under
8-18     Subsection (a) if it would allow an occupied residence to be
8-19     without water or sewer services.
8-20           Sec. 232.097.  BOND REQUIREMENTS.  (a)  Unless a person has
8-21     completed the installation of all water and sewer service
8-22     facilities required by this subchapter on the date that person
8-23     applies for final approval of a plat under Section 232.094, the
8-24     commissioners court shall require the subdivider of the tract to
8-25     execute and maintain in effect a bond, or, in the alternative, a
8-26     person may make a cash deposit in an amount the commissioners court
8-27     determines will ensure compliance with this subchapter.  A person
 9-1     may not meet the requirements of this subsection through the use of
 9-2     a letter of credit unless that letter of credit is irrevocable and
 9-3     issued by an institution guaranteed by the Federal Deposit
 9-4     Insurance Corporation.  The subdivider must comply with the
 9-5     requirement before subdividing the tract.
 9-6           (b)  The bond must be conditioned on the construction or
 9-7     installation of water and sewer service facilities that will be in
 9-8     compliance with the model rules adopted under Section 16.343, Water
 9-9     Code.
9-10           Sec. 232.098.  CERTIFICATION REGARDING COMPLIANCE WITH PLAT
9-11     REQUIREMENTS.  (a)  On the approval of a plat by the commissioners
9-12     court, the commissioners court shall issue to the person applying
9-13     for the approval a certificate stating that the plat has been
9-14     reviewed and approved by the commissioners court.
9-15           (b)  On the written request of a subdivider, an owner or
9-16     resident of a lot in a subdivision, or an entity that provides a
9-17     utility service, the commissioners court shall make the following
9-18     determinations regarding the land in which the entity or
9-19     commissioners court is interested that is located within the
9-20     jurisdiction of the county:
9-21                 (1)  whether a plat has been prepared and whether it
9-22     has been reviewed and approved by the commissioners court;
9-23                 (2)  whether water service facilities have been
9-24     constructed or installed to service the subdivision under Section
9-25     232.093 and are fully operable;
9-26                 (3)  whether sewer service facilities have been
9-27     constructed or installed to service the subdivision under Section
 10-1    232.093 and are fully operable, or if septic systems are used,
 10-2    whether lots in the subdivision can be adequately and legally
 10-3    served by septic systems under Section 232.093; and
 10-4                (4)  whether electrical and gas facilities, if
 10-5    available, have been constructed or installed to service the
 10-6    subdivision under Section 232.093.
 10-7          (c)  The request made under Subsection (b) must identify the
 10-8    land that is the subject of the request.
 10-9          (d)  Whenever a request is made under Subsection (b), the
10-10    commissioners court shall issue the requesting party a written
10-11    certification of its determinations under that subsection.
10-12          (e)  The commissioners court shall make its determinations
10-13    within 20 days after the date it receives the request under
10-14    Subsection (b) and shall issue the certificate, if appropriate,
10-15    within 10 days after the date the determinations are made.
10-16          (f)  The commissioners court may adopt rules it considers
10-17    necessary to administer its duties under this section.
10-18          Sec. 232.099.  CONNECTION OF UTILITIES.  (a)  Except as
10-19    provided by Subsection (c) or Section 232.107(c), a utility may not
10-20    serve or connect any subdivided land with water or sewer services
10-21    unless the utility receives a certificate issued by the
10-22    commissioners court under Section 232.098(a) or receives a
10-23    determination from the commissioners court under Section
10-24    232.098(b)(1) that the plat has been reviewed and approved by the
10-25    commissioners court.
10-26          (b)  Except as provided by Subsection (c) or Section
10-27    232.107(c), a utility may not serve or connect any subdivided land
 11-1    with electricity or gas unless the entity receives a determination
 11-2    from the county commissioners court under Section 232.098(b)(2)
 11-3    that adequate water and sewer services have been installed to
 11-4    service the subdivision.
 11-5          (c)  An electric, gas, water, or sewer service utility may
 11-6    serve or connect subdivided land with water, sewer, electricity,
 11-7    gas, or other utility service regardless of whether the utility
 11-8    receives a certificate issued by the commissioners court under
 11-9    Section 232.098(a) or receives a determination from the
11-10    commissioners court under Section 232.098(b) if the utility is
11-11    provided with a certificate issued by the commissioners court that
11-12    states that:
11-13                (1)  before September 1, 1999, the subdivided land was
11-14    sold or conveyed to the person requesting service by any means of
11-15    conveyance, including a contract for deed or executory contract;
11-16                (2)  the land is located in a subdivision in which the
11-17    utility has previously provided service; and
11-18                (3)  construction of a residence on the land, evidenced
11-19    by at least the existence of a completed foundation, was begun on
11-20    or before September 1, 1999.
11-21          (d)  A utility may provide utility service to subdivided land
11-22    described by Subsection (c) only if the person requesting service:
11-23                (1)  is not the land's subdivider or the subdivider's
11-24    agent; and
11-25                (2)  provides to the utility a certificate described by
11-26    Subsection (c).
11-27          (e)  A person requesting service may obtain a certificate
 12-1    under Subsection (c) only if the person provides to the
 12-2    commissioners court either:
 12-3                (1)  a copy of the means of conveyance or other
 12-4    documents that show that the land was sold or conveyed to the
 12-5    person requesting service before September 1, 1999, and a notarized
 12-6    affidavit by that person that states that construction of a
 12-7    residence on the land, evidenced by at least the existence of a
 12-8    completed foundation, was begun on or before September 1, 1999; or
 12-9                (2)  a notarized affidavit by the person requesting
12-10    service that states that the property was sold or conveyed to that
12-11    person before September 1, 1999, and that construction of a
12-12    residence on the land, evidenced by at least the existence of a
12-13    completed foundation, was begun on or before September 1, 1999.
12-14          (f)  On request, the commissioners court shall provide to the
12-15    attorney general and any appropriate local, county, or state law
12-16    enforcement official a copy of any document on which the
12-17    commissioners court relied in determining the legality of providing
12-18    service.
12-19          (g)  This section may not be construed to abrogate any civil
12-20    or criminal proceeding or prosecution or to waive any penalty
12-21    against a subdivider for a violation of a state or local law,
12-22    regardless of the date on which the violation occurred.
12-23          (h)  The prohibition established by this section shall not
12-24    prohibit an electric or gas utility from providing electric or gas
12-25    utility connection or service to a lot being sold, conveyed, or
12-26    purchased through a contract for deed or executory contract or
12-27    other device by a subdivider before September 1, 1999, that is
 13-1    located within a subdivision where the utility has previously
 13-2    established service and was subdivided by a plat approved before
 13-3    September 1, 1999.
 13-4          (i)  In this section, "foundation" means the lowest division
 13-5    of a residence, usually consisting of a masonry slab or a pier and
 13-6    beam structure, that is partly or wholly below the surface of the
 13-7    ground and on which the residential structure rests.
 13-8          Sec. 232.100.  SUBDIVISION REGULATION; COUNTY AUTHORITY.  (a)
 13-9    The commissioners court for each county shall adopt and enforce the
13-10    model rules developed under Sections 16.343 and 35.019, Water Code.
13-11          (b)  Except as provided by Section 232.112 or by Section
13-12    16.350(d) or 35.019, Water Code, the commissioners court may not
13-13    grant a variance or adopt regulations that waive any requirements
13-14    of this subchapter.
13-15          (c)  The commissioners court shall adopt regulations setting
13-16    forth requirements for:
13-17                (1)  potable water sufficient in quality and quantity
13-18    to meet minimum state standards;
13-19                (2)  solid waste disposal meeting minimum state
13-20    standards and rules adopted by the county under Chapter 364, Health
13-21    and Safety Code;
13-22                (3)  sufficient and adequate roads that satisfy the
13-23    standards adopted by the county;
13-24                (4)  sewer facilities meeting minimum state standards;
13-25                (5)  electric service and gas service; and
13-26                (6)  standards for flood management meeting the minimum
13-27    standards set forth by the Federal Emergency Management Agency
 14-1    under the National Flood Insurance Act of 1968 (42 U.S.C. Section
 14-2    4001 et seq.).
 14-3          (d)  In adopting regulations under Subsection (c)(2), the
 14-4    commissioners court may allow one or more commercial providers to
 14-5    provide solid waste disposal services as an alternative to having
 14-6    the service provided by the county.
 14-7          Sec. 232.101.  REQUIREMENTS PRIOR TO SALE OR LEASE.  (a)  A
 14-8    subdivider may not sell or lease land in a subdivision first
 14-9    platted or replatted after September 1, 1999, unless the
14-10    subdivision plat is approved by the commissioners court in
14-11    accordance with Section 232.094.
14-12          (b)  Not later than the 30th day after the date a lot is
14-13    sold, a subdivider shall record with the county clerk all sales
14-14    contracts, including the attached disclosure statement required by
14-15    Section 232.103, leases, and any other documents that convey an
14-16    interest in the subdivided land.
14-17          (c)  A document filed under Subsection (b) is a public
14-18    record.
14-19          Sec. 232.102.  SERVICES PROVIDED BY SUBDIVIDER.  A subdivider
14-20    having an approved plat for a subdivision shall:
14-21                (1)  furnish a certified letter from the utility
14-22    provider stating that water is available to the subdivision
14-23    sufficient in quality and quantity to meet minimum state standards
14-24    required by Section 16.343 or 35.019, Water Code, and consistent
14-25    with the certification in the letter, and that water of that
14-26    quality and quantity will be made available to the point of
14-27    delivery to all lots in the subdivision;
 15-1                (2)  furnish sewage treatment facilities that meet
 15-2    minimum state standards to fulfill the wastewater requirements of
 15-3    the subdivision or furnish certification by the appropriate county
 15-4    or state official having jurisdiction over the approval of the
 15-5    septic systems indicating that lots in the subdivision can be
 15-6    adequately and legally served by septic systems as provided under
 15-7    Chapter 366, Health and Safety Code;
 15-8                (3)  furnish roads satisfying minimum standards as
 15-9    adopted by the county;
15-10                (4)  furnish adequate drainage meeting standard
15-11    engineering practices; and
15-12                (5)  make a reasonable effort to have electric utility
15-13    service and gas utility service installed by a utility.
15-14          Sec. 232.103.  ADVERTISING STANDARDS AND OTHER REQUIREMENTS
15-15    BEFORE SALE; OFFENSE.  (a)  Brochures, publications, and
15-16    advertising of any form relating to subdivided land:
15-17                (1)  may not contain any misrepresentation; and
15-18                (2)  except for a for-sale sign posted on the property
15-19    that is no larger than three feet by three feet, must accurately
15-20    describe the availability of water and sewer service facilities and
15-21    electric and gas utilities.
15-22          (b)  Before an executory contract is signed by the purchaser,
15-23    the subdivider shall provide the purchaser with a written notice,
15-24    which must be attached to the executory contract, informing the
15-25    purchaser of the condition of the property that must, at a minimum,
15-26    be executed by the subdivider and purchaser, be acknowledged, and
15-27    read substantially similar to the following:
 16-1                                  WARNING
 16-2    IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE
 16-3    ABLE TO LIVE ON THE PROPERTY.
 16-4    CONCERNING THE PROPERTY AT (street address or legal description and
 16-5    city)
 16-6    THIS DOCUMENT STATES THE TRUE FACTS ABOUT THE LAND YOU ARE
 16-7    CONSIDERING PURCHASING.
 16-8    CHECK OFF THE ITEMS THAT ARE TRUE:
 16-9    ___  The property is in a recorded subdivision.
16-10    ___  The property has water service that provides potable water.
16-11    ___  The property has sewer service or a septic system.
16-12    ___  The property has electric service.
16-13    ___  The property is not in a flood-prone area.
16-14    ___  The roads are paved.
16-15    ___  No person other than the subdivider:
16-16    (1)  owns the property;
16-17    (2)  has a claim of ownership to the property; or
16-18    (3)  has an interest in the property.
16-19    ___  No person has a lien filed against the property.
16-20    ___  There are no back taxes owed on the property.
16-21                                  NOTICE
16-22    SELLER ADVISES PURCHASER TO:
16-23          (1)  OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT REVIEWED BY
16-24    AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
16-25          (2)  PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE COVERING
16-26    THE PROPERTY.
16-27    ______________________________       ______________________________
 17-1    (Date)                               (Signature of Subdivider)
 17-2    ______________________________       ______________________________
 17-3    (Date)                               (Signature of Purchaser)
 17-4          (c)  The subdivider shall provide any purchaser who is sold a
 17-5    lot under an executory contract with an annual statement in January
 17-6    of each year for the term of the executory contract.  If the
 17-7    subdivider mails the statement to the purchaser, the statement must
 17-8    be postmarked not later than January 31.
 17-9          (d)  The statement under Subsection (c) must include the
17-10    following information:
17-11                (1)  the amount paid under the contract;
17-12                (2)  the remaining amount owed under the contract;
17-13                (3)  the annual interest rate charged under the
17-14    contract during the preceding 12-month period; and
17-15                (4)  the number of payments remaining under the
17-16    contract.
17-17          (e)  If the subdivider fails to comply with Subsections (c)
17-18    and (d), the purchaser may:
17-19                (1)  notify the subdivider that the purchaser has not
17-20    received the statement and will deduct 15 percent of each monthly
17-21    payment due until the statement is received; and
17-22                (2)  not earlier than the 25th day after the date the
17-23    purchaser provides the subdivider notice under this subsection,
17-24    deduct 15 percent of each monthly payment due until the statement
17-25    is received by the purchaser.
17-26          (f)  A purchaser who makes a deduction under Subsection (e)
17-27    is not required to reimburse the subdivider for the amount
 18-1    deducted.
 18-2          (g)  A person who is a seller of lots in a subdivision, or a
 18-3    subdivider or an agent of a seller or subdivider, commits an
 18-4    offense if the person knowingly authorizes or assists in the
 18-5    publication, advertising, distribution, or circulation of any
 18-6    statement or representation that the person knows is false
 18-7    concerning any subdivided land offered for sale or lease.  An
 18-8    offense under this section is a Class A misdemeanor.
 18-9          Sec. 232.104.  CONFLICT OF INTEREST; PENALTY.  (a)  In this
18-10    section, "subdivided tract" means a tract of land, as a whole, that
18-11    is subdivided into tracts or lots.  The term does not include an
18-12    individual lot in a subdivided tract of land.
18-13          (b)  A person has an interest in a subdivided tract if the
18-14    person:
18-15                (1)  has an equitable or legal ownership interest in
18-16    the tract;
18-17                (2)  acts as a developer of the tract;
18-18                (3)  owns voting stock or shares of a business entity
18-19    that:
18-20                      (A)  has an equitable or legal ownership interest
18-21    in the tract; or
18-22                      (B)  acts as a developer of the tract; or
18-23                (4)  receives in a calendar year money or any thing of
18-24    value from a business entity described by Subdivision (3).
18-25          (c)  A person also is considered to have an interest in a
18-26    subdivided tract if the person is related in the second degree by
18-27    consanguinity or affinity, as determined under Chapter 573,
 19-1    Government Code, to a person who, under Subsection (b), has an
 19-2    interest in the tract.
 19-3          (d)  If a member of the commissioners court has an interest
 19-4    in a subdivided tract, the member shall file, before a vote or
 19-5    decision regarding the approval of a plat for the tract, an
 19-6    affidavit with the county clerk stating the nature and extent of
 19-7    the interest and shall abstain from further participation in the
 19-8    matter.  The affidavit must be filed with the county clerk.
 19-9          (e)  A member of the commissioners court of a county commits
19-10    an offense if the member violates Subsection (d).  An offense under
19-11    this subsection is a Class A misdemeanor.
19-12          (f)  The finding by a court of a violation of this section
19-13    does not render voidable an action of the commissioners court
19-14    unless the measure would not have passed the commissioners court
19-15    but for the vote of the member who violated this section.
19-16          (g)  A conviction under Subsection (e) constitutes official
19-17    misconduct by the member and is grounds for removal from office.
19-18          Sec. 232.105.  CIVIL PENALTIES.  (a)  A subdivider or an
19-19    agent of a subdivider may not cause, allow, or permit a lot to be
19-20    sold in a subdivision if the subdivision has not been platted as
19-21    required by this subchapter.
19-22          (b)  Notwithstanding any other remedy at law or equity, a
19-23    subdivider or an agent of a subdivider may not cause, allow, or
19-24    permit any part of a subdivision in an affected county over which
19-25    the subdivider or an agent of the subdivider has control, or a
19-26    right of ingress and egress, to become a public health nuisance as
19-27    defined by Section 341.011, Health and Safety Code.
 20-1          (c)  A subdivider who fails to provide, in the time and
 20-2    manner described in the plat, for the construction or installation
 20-3    of water or sewer service facilities described on the plat or on
 20-4    the document attached to the plat or who otherwise violates this
 20-5    subchapter or a rule or requirement adopted by the commissioners
 20-6    court under this subchapter is subject to a civil penalty of not
 20-7    less than $500 or more than $1,000 for each violation and for each
 20-8    day of a continuing violation but not to exceed $5,000 each day and
 20-9    shall also pay court costs, investigative costs, and attorney's
20-10    fees for the governmental entity bringing the suit.
20-11          (d)  Except as provided by Subsection (e), a person who
20-12    violates Subsection (a) or (b) is subject to a civil penalty of not
20-13    less than $10,000 or more than $15,000 for each lot conveyed or
20-14    each subdivision that becomes a nuisance.  The person must also pay
20-15    court costs, investigative costs, and attorney's fees for the
20-16    governmental entity bringing the suit.
20-17          (e)  A person who violates Subsection (b) is not subject to a
20-18    fine under Subsection (d) if the person corrects the nuisance not
20-19    later than the 30th day after the date the person receives notice
20-20    from the attorney general or a local health authority of the
20-21    nuisance.
20-22          (f)  Venue for an action under this section is in a district
20-23    court of Travis County, a district court in the county in which the
20-24    defendant resides, or a district court in the county in which the
20-25    violation or threat of violation occurs.
20-26          Sec. 232.106.  CRIMINAL PENALTIES.  (a)  A subdivider commits
20-27    an offense if the subdivider knowingly fails to file a plat
 21-1    required by this subchapter.  An offense under this subsection is a
 21-2    Class A misdemeanor.
 21-3          (b)  If it is shown at the trial of an offense under
 21-4    Subsection (a) that the defendant caused five or more residences in
 21-5    the subdivision to be inhabited, the offense is a state jail
 21-6    felony.
 21-7          (c)  A subdivider who owns a subdivision commits an offense
 21-8    if the subdivider knowingly fails to timely provide for the
 21-9    construction or installation of water or sewer service as required
21-10    by Section 232.102 or fails to make a reasonable effort to have
21-11    electric utility service and gas utility service installed by a
21-12    utility as required by Section 232.102.  An offense under this
21-13    subsection is a Class A misdemeanor.
21-14          (d)  A subdivider commits an offense if the subdivider allows
21-15    the conveyance of a lot in the subdivision without the appropriate
21-16    water and sewer utilities as required by Section 232.102 or without
21-17    having made a reasonable effort to have electric utility service
21-18    and gas utility service installed by a utility as required by
21-19    Section 232.102.  An offense under this section is a Class A
21-20    misdemeanor.  Each lot conveyed constitutes a separate offense.
21-21          (e)  Venue for prosecution for a violation under this section
21-22    is in the county in which any element of the violation is alleged
21-23    to have occurred or in Travis County.
21-24          Sec. 232.107.  ENFORCEMENT.  (a)  The attorney general or the
21-25    district attorney, criminal district attorney, county attorney with
21-26    felony responsibilities, or county attorney of an affected county
21-27    may take any action necessary in a court of competent jurisdiction
 22-1    on behalf of the state or on behalf of residents to:
 22-2                (1)  enjoin the violation or threatened violation of
 22-3    the model rules adopted under Sections 16.343 and 35.019, Water
 22-4    Code;
 22-5                (2)  enjoin the violation or threatened violation of a
 22-6    requirement of this subchapter or a rule adopted by the
 22-7    commissioners court under this subchapter;
 22-8                (3)  recover civil or criminal penalties, attorney's
 22-9    fees, litigation costs, and investigation costs; and
22-10                (4)  require platting or replatting under Section
22-11    232.110.
22-12          (b)  The attorney general, at the request of the district or
22-13    county attorney with jurisdiction, may conduct a criminal
22-14    prosecution under Section 232.103(g) or 232.106.
22-15          (c)  During the pendency of any enforcement action brought,
22-16    any resident of the affected subdivision, or the attorney general,
22-17    district attorney, or county attorney on behalf of a resident, may
22-18    file a motion against the provider of utilities to halt termination
22-19    of pre-existing utility services.  The services may not be
22-20    terminated if the court makes an affirmative finding after hearing
22-21    the motion that termination poses a threat to public health,
22-22    safety, or welfare of the residents.
22-23          (d)  During the pendency of any enforcement action brought,
22-24    any resident of the affected subdivision, or the attorney general,
22-25    district attorney, or county attorney on behalf of a resident, may
22-26    file a motion against the provider of utilities to halt termination
22-27    of preexisting utility services.  The services may not be
 23-1    terminated if the court makes an affirmative finding after hearing
 23-2    the motion that termination poses a threat to public health or to
 23-3    the health, safety, or welfare of the residents.  This subsection
 23-4    does not prohibit a provider of utilities from terminating services
 23-5    under other law to a resident who has failed to timely pay for
 23-6    services.
 23-7          Sec. 232.109.  CANCELLATION OF SUBDIVISION.  (a)  A
 23-8    subdivider of land in an affected county may apply to the
 23-9    commissioners court to cancel all or part of the subdivision in the
23-10    manner provided by Section 232.008 after notice and hearing as
23-11    provided by this section.
23-12          (b)  A resident of a subdivision for which the subdivider has
23-13    applied for cancellation under Subsection (a) has the same rights
23-14    as a purchaser of land under Section 232.008.
23-15          (c)  Not later than the 14th day before the date of the
23-16    hearing, the county chief appraiser shall by regular and certified
23-17    mail provide notice containing the information described by Section
23-18    232.008(c) to:
23-19                (1)  each person who pays property taxes in the
23-20    subdivision, as determined by the most recent tax roll; and
23-21                (2)  each person with an interest in the property.
23-22          (d)  The commissioners court may require a subdivider to
23-23    provide the court with the name and last known address of each
23-24    person with an interest in the property.  For purposes of this
23-25    subsection, a person residing on a lot purchased through an
23-26    executory contract has an interest in the property.
23-27          (e)  A person who fails to provide information requested
 24-1    under Subsection (d) before the 31st day after the date the request
 24-2    is made is liable to the state for a penalty of $500 for each week
 24-3    the person fails to provide the information.
 24-4          (f)  The commissioners court may cancel a subdivision only
 24-5    after a public hearing.  At the hearing, the commissioners court
 24-6    shall permit any interested person to be heard.  At the conclusion
 24-7    of the hearing, the commissioners court shall adopt an order on
 24-8    whether to cancel the subdivision.
 24-9          Sec. 232.110.  REPLATTING.  (a)  A subdivision plat must
24-10    accurately reflect the subdivision as it develops.  If there is any
24-11    change, either by the intentional act of the subdivider or by the
24-12    forces of nature, including changes in the size or dimension of
24-13    lots or the direction or condition of the roads, a plat must be
24-14    revised in accordance with Section 232.111.
24-15          (b)  Except as provided by Subsection (c), a lot in a
24-16    subdivision may not be sold if the lot lacks water and sewer
24-17    services as required by this subchapter unless the lot is platted
24-18    or replatted as required by this subchapter.  A subdivider or agent
24-19    of a subdivider may not transfer a lot through an executory
24-20    contract or other similar conveyance to evade the requirements of
24-21    this subchapter.  The prohibition in this subsection includes the
24-22    sale of a lot:
24-23                (1)  by a subdivider who regains possession of a lot
24-24    previously exempt under Subsection (c) through the exercise of
24-25    remedy described in Section 5.061, Property Code; or
24-26                (2)  for which it is shown at a proceeding brought in
24-27    the district court in which the property is located that the sale
 25-1    of a lot otherwise exempt under Subsection (c) was made for the
 25-2    purpose of evading the requirements of this subchapter.
 25-3          (c)  Subsection (b) does not apply if a seller other than a
 25-4    subdivider or agent of a subdivider:
 25-5                (1)  resides on the lot; or
 25-6                (2)  purchases the lot through a contract for deed.
 25-7          (d)  The attorney general or a district or county attorney
 25-8    with jurisdiction may bring a proceeding under Subsection (b).
 25-9          (e)  Existing utility services to a subdivision that must be
25-10    platted or replatted under this section may not be terminated under
25-11    Section 232.099.
25-12          Sec. 232.111.  REVISION OF PLAT.  (a)  A person who has
25-13    subdivided land that is subject to the subdivision controls of the
25-14    county in which the land is located may apply in writing to the
25-15    commissioners court of the county for permission to revise the
25-16    subdivision plat filed for record with the county clerk.
25-17          (b)  After the application is filed with the commissioners
25-18    court, the court shall publish a notice of the application in a
25-19    newspaper of general circulation in the county.  Notices shall be
25-20    sent to adjacent landowners or homeowners association by certified
25-21    mail.  The notice must include a statement of the time and place at
25-22    which the court will meet to consider the application and to hear
25-23    protests to the revision of the plat.  The notice must be published
25-24    at least three times during the period that begins on the 30th day
25-25    and ends on the seventh day before the date of the meeting.  If all
25-26    or part of the subdivided tract has been sold to nondeveloper
25-27    owners, the court shall also give notice to each of those owners by
 26-1    certified or registered mail, return receipt requested, at the
 26-2    owner's address in the subdivided tract.
 26-3          (c)  During a regular term of the commissioners court, the
 26-4    court shall adopt an order to permit the revision of the
 26-5    subdivision plat if it is shown to the court that:
 26-6                (1)  the revision will not interfere with the
 26-7    established rights of any owner of a part of the subdivided land;
 26-8    or
 26-9                (2)  each owner whose rights may be interfered with has
26-10    agreed to the revision.
26-11          (d)  If the commissioners court permits a person to revise a
26-12    subdivision plat, the person may make the revision by filing for
26-13    record with the county clerk a revised plat or part of a plat that
26-14    indicates the changes made to the original plat.
26-15          Sec. 232.112.  VARIANCES.  (a)  On request of a subdivider or
26-16    resident purchaser, the commissioners court may grant a delay or a
26-17    variance from compliance with Section 232.110 as provided by this
26-18    section.
26-19          (b)  The commissioners court may grant a delay of two years
26-20    if the reason for the delay is to install utilities.  A person may
26-21    apply for one renewal of a delay under this subsection.  To obtain
26-22    an initial delay under this subsection, a subdivider must:
26-23                (1)  identify the affected utility providers;
26-24                (2)  provide the terms and conditions on which service
26-25    may be provided; and
26-26                (3)  provide a certified letter from each utility
26-27    provider stating that it has the right to serve the area and it
 27-1    will serve the area.
 27-2          (c)  The commissioners court may grant a delay or a variance
 27-3    for a reason other than a reason described by Subsection (b) if it
 27-4    is shown that compliance would be impractical or would be contrary
 27-5    to the health and safety of residents of the subdivision.  The
 27-6    commissioners court must issue written findings stating the reasons
 27-7    why compliance is impractical.
 27-8          SECTION 2.  This Act applies to land conveyed, subdivided, or
 27-9    platted on or after September 1, 1999.