1-1     By:  Wentworth                                        S.B. No. 1174
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 6, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     April 6, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1174                   By:  Nixon
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the creation of alternate subdivision platting
1-11     requirements in priority groundwater management areas.
1-13           SECTION 1.  Chapter 232, Local Government Code, is amended by
1-14     adding Subchapter D to read as follows:
1-17           Sec. 232.091.  DEFINITIONS.  In this subchapter:
1-18                 (1)  "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                 (2)  "Lot" means a parcel of land that is divided for
1-24     residential use.
1-25                 (3)  "Minimum state standards" means the minimum
1-26     standards set out for:
1-27                       (A)  adequate drinking water under Sections
1-28     16.343(b)(1) and 35.019, Water Code;
1-29                       (B)  adequate sewer facilities under Section
1-30     16.343(c)(1), Water Code; or
1-31                       (C)  the treatment, disposal, and management of
1-32     solid waste under Chapters 361 and 364, Health and Safety Code.
1-33                 (4)  "Plat" means a map, chart, survey, plan, or replat
1-34     containing a description of the subdivided land with ties to
1-35     permanent landmarks or monuments.
1-36                 (5)  "Priority groundwater management area" means an
1-37     area designated by the Texas Natural Resource Conservation
1-38     Commission as an area that is experiencing or is expected to
1-39     experience critical groundwater problems.
1-40                 (6)  "Sell" includes an offer to sell.
1-41                 (7)  "Sewer," "sewer services," or "sewer facilities"
1-42     means treatment works as defined by Section 17.001, Water Code, or
1-43     individual, on-site, or cluster treatment systems such as septic
1-44     tanks and includes drainage facilities and other improvements for
1-45     proper functioning of septic tank systems.
1-46                 (8)  "Subdivide" means to divide the surface area of
1-47     land into lots intended primarily for residential use.
1-48                 (9)  "Subdivider" means a person that owns any interest
1-49     in land and that directly or indirectly subdivides land into lots
1-50     as part of a common promotional plan in the ordinary course of
1-51     business.
1-52                 (10)  "Subdivision" means an area of land that has been
1-53     subdivided into lots for sale, lease, or transfer.
1-54                 (11)  "Utility" means a person, including a legal
1-55     entity or political subdivision, that provides the services of:
1-56                       (A)  an electric utility, as defined by Section
1-57     31.002, Utilities Code;
1-58                       (B)  a gas utility, as defined by Section
1-59     101.003, Utilities Code;
1-60                       (C)  a water and sewer utility, as defined by
1-61     Section 13.002, Water Code; and
1-62                       (D)  a cable television service, as defined by
1-63     Section 151.0033, Tax Code.
1-64                 (12)  "Utility easement" means an area set aside for
 2-1     the installation of utilities that are made available to a lot.
 2-2           Sec. 232.092.  APPLICABILITY.  (a)  Except as provided by
 2-3     Subsection (b), this subchapter applies only to land that is
 2-4     subdivided in the jurisdiction of a county and that is located in a
 2-5     priority groundwater management area.
 2-6           (b)  The commissioners court of a county may determine, by
 2-7     order, if the county will apply the provisions of this subchapter
 2-8     to the subdivision of property that is incident to or the result of
 2-9     the conveyance of the land as a gift between persons related to
2-10     each other within the third degree by affinity or consanguinity, as
2-11     determined under Chapter 573, Government Code.
2-12           (c)  For purposes of this section, land is considered in the
2-13     jurisdiction of a county if the land is located in the county,
2-14     outside the corporate limits of municipalities, and outside the
2-15     extraterritorial jurisdiction of municipalities, as determined
2-16     under Chapter 42.
2-17           (d)  This subchapter may be applied in conjunction with
2-18     Sections 232.003, 232.004, 232.005, 232.008, and 232.009.
2-19           Sec. 232.093.  PLAT REQUIRED.  (a)  A subdivider of land
2-20     located in the jurisdiction of a county and located in a priority
2-21     groundwater management area must have a plat of the subdivision
2-22     prepared.  A subdivision of a tract under this section includes a
2-23     subdivision of real property by any method of conveyance, including
2-24     a contract for deed, oral contract, contract of sale, or other type
2-25     of executory contract, regardless of whether the subdivision is
2-26     made by using a metes and bounds description.
2-27           (b)  A plat required under this section must:
2-28                 (1)  be certified by a surveyor or engineer registered
2-29     in this state;
2-30                 (2)  define the subdivision by metes and bounds;
2-31                 (3)  locate the subdivision with respect to an original
2-32     corner of the original survey of which it is a part;
2-33                 (4)  describe each lot, number each lot in progression,
2-34     and give the dimensions of each lot;
2-35                 (5)  state the dimensions of and accurately describe
2-36     each lot, street, alley, square, park, utility easement, or other
2-37     part of the tract intended to be dedicated to public use, for the
2-38     use of purchasers or owners of lots within the subdivision, or for
2-39     use by the general public;
2-40                 (6)  include or have attached a document containing a
2-41     description of the water and sewer facilities and roadways and
2-42     easements dedicated for the provision of water and sewer facilities
2-43     that will be constructed or installed to service the subdivision
2-44     and a statement specifying the date by which the facilities will be
2-45     fully operable or describe whether the facilities to service the
2-46     subdivision will be individual water wells and on-site sewage
2-47     facilities;
2-48                 (7)  have attached a document prepared by an engineer
2-49     registered to practice in this state certifying that the water and
2-50     sewer service facilities proposed under Subdivision (6) are in
2-51     compliance with the model rules adopted under Section 16.343 or
2-52     Section 35.019, Water Code, and a certified estimate of the cost to
2-53     install water and sewer service facilities;
2-54                 (8)  provide for drainage in the subdivision to:
2-55                       (A)  avoid concentration of storm drainage water
2-56     from each lot to adjacent lots;
2-57                       (B)  provide positive drainage away from all
2-58     buildings; and
2-59                       (C)  coordinate individual lot drainage with the
2-60     general storm drainage pattern for the area;
2-61                 (9)  include a description of the drainage requirements
2-62     described in Subdivision (8);
2-63                 (10)  identify the topography of the area;
2-64                 (11)  include a certification by a surveyor or engineer
2-65     registered in this state describing any area of the subdivision
2-66     that is in a floodplain or floodway or stating that no area is in a
2-67     floodplain or floodway; and
2-68                 (12)  include certification that the subdivider has
2-69     complied with the requirements of Section 35.019, Water Code, and
 3-1     that:
 3-2                       (A)  an adequate water supply of sufficient
 3-3     quantity and quality is available to supply the number of lots
 3-4     proposed in the platted area;
 3-5                       (B)  sewer connections to the lots or septic
 3-6     tanks meet or exceed, or will meet or exceed, the minimum
 3-7     requirements of state standards;
 3-8                       (C)  electrical connections provided to the lots
 3-9     meet or exceed, or will meet or exceed, the minimum state
3-10     standards; and
3-11                       (D)  gas connections, if available, provided to
3-12     the lots meet or exceed, or will meet or exceed, the minimum state
3-13     standards.
3-14           (c)  The subdivider of the tract must acknowledge the plat by
3-15     signing the plat and attached documents and attest to the veracity
3-16     and completeness of the matters asserted in the attached documents
3-17     and in the plat.
3-18           (d)  The plat must be filed and recorded with the county
3-19     clerk of the county in which the tract is located.  The plat is
3-20     subject to the filing and recording provisions of Section 12.002,
3-21     Property Code.
3-22           Sec. 232.094.  APPROVAL BY COUNTY REQUIRED.  (a)  A plat
3-23     filed under Section 232.093 is not valid unless the commissioners
3-24     court of the county in which the land is located approves the plat
3-25     by an order entered in the minutes of the court.  The commissioners
3-26     court shall refuse to approve a plat if it does not meet the
3-27     requirements prescribed by or under this subchapter or if any bond
3-28     required under this subchapter is not filed with the county clerk.
3-29           (b)  If any part of a plat applies to land intended for
3-30     residential housing and any part of that land lies in a floodplain,
3-31     the commissioners court shall not approve the plat unless the plat
3-32     evidences a restrictive covenant as required by this section.  The
3-33     restrictive covenant shall prohibit the construction of residential
3-34     housing in any area of the subdivision that is in a floodplain
3-35     unless the housing qualifies for insurance under the National Flood
3-36     Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).
3-37           (c)  On the written request of a person requesting a plat
3-38     under Subsection (b), the commissioners court of a county shall
3-39     make a written determination of the application of Subsection (b)
3-40     to the land proposed to be platted.  The commissioners court shall:
3-41                 (1)  make the determination not later than the 20th day
3-42     after the date the commissioners court receives the request under
3-43     Subsection (b); and
3-44                 (2)  provide a copy of the determination to the person
3-45     requesting the plat not later than the 10th day after the date of
3-46     the determination.
3-47           (d)  A commissioners court of a county may adopt any rules
3-48     necessary to administer this section.
3-49           SECTION 2.  This Act applies to land conveyed, subdivided, or
3-50     platted on or after September 1, 1999.
3-51                                  * * * * *