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.