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.