By: Zaffirini S.B. No. 1410
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to variances from platting requirements for already
1-2 existing subdivisions in certain counties when water and/or
1-3 wastewater services are being brought into those subdivisions.
1-4 BE IN ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 232, Local Government Code,
1-6 is amended by adding Section 232.043 to read as follows:
1-7 Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS FOR
1-8 EXISTING SUBDIVISIONS CONDITIONED ON WATER AND WASTEWATER
1-9 AVAILABILITY. (a) The commissioners court may grant a delay or
1-10 variance for the subdivision under this section from the
1-11 requirements of:
1-12 (1) Sections 232.023(b)(8) and 232.023(b)(9),
1-13 (2) Sections 232.025(1), (2), (3), (4), and (5), and
1-14 (3) Sections 232.030 (c)(2), (3), (5), and (6).
1-15 (b) The commissioners court may grant a delay or variance on
1-16 an individual lot-by-lot basis under this section from the
1-17 requirements for setbacks or restrictions on the number of
1-18 residences on a lot contained in the Model Subdivision Rules
1-19 developed under Section 16.343, Water Code.
1-20 (c) The commissioners court may grant a variance under this
1-21 section only if:
1-22 (1) at least a majority of the lots in the subdivision
2-1 were sold prior to September 1, 1995;
2-2 (2) at least a majority of the families in the subdivision
2-3 have signed a petition or letter in support of the platting
2-4 waivers;
2-5 (3) the person seeking the delay or variance has submitted
2-6 to the commissioners court documentation providing:
2-7 (A) a description of the water and sewer service
2-8 facilities that will be constructed or installed to service the
2-9 subdivision;
2-10 (B) a statement of the date by which the facilities
2-11 will be fully operable; and
2-12 (C) a statement by an engineer registered to practice
2-13 in this state certifying that the water and sewer services
2-14 facilities described by paragraph (A) will meet the minimum state
2-15 standards;
2-16 (4) the commissioners court finds that at the time the delay
2-17 or variance is sought that the unplatted subdivision is built out
2-18 in both such a manner and to such an extent that compliance with
2-19 particular provisions of the platting requirements is either
2-20 impractical or contrary to the health and safety of the residents
2-21 of the subdivision;
2-22 (5) the person seeking the delay or variance has not
2-23 violated state or federal law in making the subdivision of the land
2-24 for which the variance is requested; and
2-25 (6) the person who subdivided the land and created the
2-26 unplatted subdivision no longer owns property in the subdivision.
3-1 (d) If the commissioners court grants a delay or variance
3-2 under this section, it must:
3-3 (1) issue findings stating the reason why compliance
3-4 with each particular requirement is impractical or contrary to the
3-5 health and safety of residents of the subdivision;
3-6 (2) compile a record of decision that includes the
3-7 findings and the information submitted to demonstrate compliance
3-8 with this section; and
3-9 (3) submit a copy of the record to the Office of the
3-10 Attorney General.
3-11 (e) If the commissioners court finds that the person who
3-12 subdivided the land and created the unplatted subdivision continues
3-13 to own property in the subdivision, then a variance may only be
3-14 granted if:
3-15 (1) all other subsections of this section are complied with;
3-16 and
3-17 (2) liens to recover the value of the platting and
3-18 infrastructure to the land still owned in the subdivision will be
3-19 filed on all the property of the person who subdivided the land;
3-20 and
3-21 (3) no objections by the Office of the Attorney General have
3-22 been sent to the commissioners court within 90 days of submission
3-23 of the record to the Office of the Attorney General.
3-24 (f) Failure of the Office of the Attorney General to comment
3-25 or object to any variance granted pursuant to this section does not
3-26 constitute any waiver of or agreement to the legality of the
4-1 variance.
4-2 (g) Until approved water and sewer are made available to the
4-3 subdivision, no person may sell more than four lots in the
4-4 subdivision.
4-5 (h) This section does not abrogate any civil or criminal
4-6 prosecution or affect the validity of any penalty against a
4-7 subdivider for a violation of law, regardless of the date on which
4-8 the violation occurred.
4-9 SECTION 2. The section heading to Section 232.042, Local
4-10 Government Code, is amended to read as follows:
4-11 Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS.
4-12 SECTION 3. This Act takes effect September 1, 1999.
4-13 SECTION 4. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.