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.