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.