By Uher                                               H.B. No. 1065
         77R4986 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exceptions to certain requirements applying to
 1-3     subdivisions of land.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter A, Chapter 232, Local Government Code,
 1-6     is amended by adding Section 232.0033 to read as follows:
 1-7           Sec. 232.0033.  EXCEPTION TO SUBDIVISION REQUIREMENTS. (a)
 1-8     In this section, "restrictions" has the meaning assigned by Section
 1-9     201.003, Property Code.
1-10           (b)  A developer of a subdivision may construct streets or
1-11     roads that do not comply with the standards prescribed by or under
1-12     Section 232.003 if the restrictions applying to the subdivision
1-13     provide that the property owners, and not the developer, are
1-14     responsible for the cost necessary to bring the streets or roads
1-15     into compliance with the standards prescribed by or under Section
1-16     232.003.
1-17           (c)  The owners responsible for the cost necessary to bring
1-18     the streets or roads into compliance with the standards prescribed
1-19     by or under Section 232.003 must achieve that compliance before the
1-20     earlier of the first anniversary of the date all lots are sold in
1-21     the subdivision or the fifth anniversary of the date the first lot
1-22     is sold.  If all lots are not sold before that fifth anniversary,
1-23     all purchasers of unsold lots who purchase a lot more than five
1-24     years after the first lot is sold must contribute proportionately
 2-1     to the cost necessary to bring the streets or roads into
 2-2     compliance.
 2-3           (d)  A developer of a subdivision that constructs streets or
 2-4     roads under this section must, before a sale of any of the
 2-5     subdivided land, give potential purchasers of the land a written
 2-6     notice of the subdivision restrictions.
 2-7           SECTION 2. This Act takes effect September 1, 2001, and
 2-8     applies only to subdivided land purchased on or after that date.
 2-9     Subdivided land purchased before the effective date of this Act is
2-10     covered by the law in effect immediately before the effective date
2-11     of this Act, and the former law is continued in effect for that
2-12     purpose.