1-1 By: Zaffirini S.B. No. 1410 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Special Committee on Border Affairs; 1-4 April 9, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 9, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1410 By: Zaffirini 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to authorizing the commissioners courts in economically 1-11 distressed counties to grant delays and variances from certain 1-12 platting requirements. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subsection (b), Section 232.030, Local Government 1-15 Code, is amended to read as follows: 1-16 (b) Except as provided by Section 16.350(d), Water Code, or 1-17 Section 232.042 or 232.043, the commissioners court may not grant a 1-18 variance or adopt regulations that waive any requirements of this 1-19 subchapter. 1-20 SECTION 2. The heading to Section 232.042, Local Government 1-21 Code, is amended to read as follows: 1-22 Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS. 1-23 SECTION 3. Subchapter B, Chapter 232, Local Government Code, 1-24 is amended by adding Section 232.043 to read as follows: 1-25 Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS. (a) On 1-26 the request of a subdivider who created an unplatted subdivision or 1-27 a resident purchaser of a lot in the subdivision, the commissioners 1-28 court of a county may grant: 1-29 (1) a delay or variance from compliance with the 1-30 subdivision requirements prescribed by Section 232.023(b)(8) or 1-31 (9), 232.025(1), (2), (3), (4), or (5), or 232.030(c)(2), (3), (5), 1-32 or (6); or 1-33 (2) a delay or variance for an individual lot from 1-34 compliance with the requirements prescribed by the model 1-35 subdivision rules adopted under Section 16.343, Water Code, for: 1-36 (A) the distance that a structure must be set 1-37 back from roads or property lines; or 1-38 (B) the number of single-family, detached 1-39 dwellings that may be located on a lot. 1-40 (b) If the commissioners court makes a written finding that 1-41 the subdivider who created the unplatted subdivision no longer owns 1-42 property in the subdivision, the commissioners court may grant a 1-43 delay or variance under this section only if: 1-44 (1) a majority of the lots in the subdivision were 1-45 sold before September 1, 1995; 1-46 (2) a majority of the resident purchasers in the 1-47 subdivision sign a petition supporting the delay or variance; 1-48 (3) the person requesting the delay or variance 1-49 submits to the commissioners court: 1-50 (A) a description of the water and sewer service 1-51 facilities that will be constructed or installed to service the 1-52 subdivision; 1-53 (B) a statement specifying the date by which the 1-54 water and sewer service facilities will be fully operational; and 1-55 (C) a statement signed by an engineer licensed 1-56 in this state certifying that the plans for the water and sewer 1-57 service facilities meet the minimum state standards; 1-58 (4) the commissioners court finds that the unplatted 1-59 subdivision at the time the delay or variance is requested is 1-60 developed in a manner and to an extent that compliance with 1-61 specific platting requirements is impractical or contrary to the 1-62 health or safety of the residents of the subdivision; and 1-63 (5) the subdivider who created the unplatted 1-64 subdivision has not violated local law, federal law, or state law, 2-1 excluding this chapter, in subdividing the land for which the delay 2-2 or variance is requested, if the subdivider is the person 2-3 requesting the delay or variance. 2-4 (c) If the commissioners court makes a written finding that 2-5 the subdivider who created the unplatted subdivision owns property 2-6 in the subdivision, the commissioners court may grant a provisional 2-7 delay or variance only if the requirements of Subsection (b) are 2-8 satisfied. The commissioners court may issue a final grant of the 2-9 delay or variance only if, before the 91st day after the date the 2-10 commissioners court submits the record of its proceedings to the 2-11 attorney general as prescribed by Subsection (d), the commissioners 2-12 court: 2-13 (1) has not received objections from the attorney 2-14 general; and 2-15 (2) has filed a lien on the property in the 2-16 subdivision owned by the subdivider, excluding property subject to 2-17 a contract of sale or contract for deed, to recover the value of 2-18 platting the subdivision and providing infrastructure to the 2-19 property owned by the subdivider. 2-20 (d) If the commissioners court grants a delay or variance 2-21 under this section, the commissioners court shall: 2-22 (1) make findings specifying the reason compliance 2-23 with each requirement is impractical or contrary to the health or 2-24 safety of residents of the subdivision; 2-25 (2) keep a record of its proceedings and include in 2-26 the record documentation of the findings and the information 2-27 submitted under Subsection (b); and 2-28 (3) submit a copy of the record to the attorney 2-29 general. 2-30 (e) The failure of the attorney general to comment or object 2-31 to a delay or variance granted under this section does not 2-32 constitute a waiver of or consent to the validity of the delay or 2-33 variance granted. 2-34 (f) This section does not affect a civil suit filed against, 2-35 a criminal prosecution of, or the validity of a penalty imposed on 2-36 a subdivider for a violation of law, regardless of the date on 2-37 which the violation occurred. 2-38 SECTION 4. The importance of this legislation and the 2-39 crowded condition of the calendars in both houses create an 2-40 emergency and an imperative public necessity that the 2-41 constitutional rule requiring bills to be read on three several 2-42 days in each house be suspended, and this rule is hereby suspended, 2-43 and that this Act take effect and be in force from and after its 2-44 passage, and it is so enacted. 2-45 * * * * *