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. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 232, Local Government Code, is amended by 1-14 adding Subchapter D to read as follows: 1-15 SUBCHAPTER D. ALTERNATE SUBDIVISION PLATTING REQUIREMENTS IN 1-16 PRIORITY GROUNDWATER MANAGEMENT AREAS 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 * * * * *