By Lucio S.B. No. 191
77R3158 ATP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of subdivision platting requirements
1-3 in a county near an international border.
1-4 BE IT 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 amending Section 232.022 and adding Section 232.0225
1-7 to read as follows:
1-8 Sec. 232.022. APPLICABILITY. (a) This subchapter applies
1-9 only to a county any part of which is located within 50 miles of an
1-10 international border.
1-11 (b) This subchapter applies only to land that is subdivided
1-12 into two or more lots that are intended primarily for residential
1-13 use in the jurisdiction of the county. A lot is presumed to be
1-14 intended for residential use if the lot is five acres or less.
1-15 (c) This subchapter does not apply if the subdivision is
1-16 incident to the conveyance of the land as a gift between persons
1-17 related to each other within the third degree by affinity or
1-18 consanguinity, as determined under Chapter 573, Government Code.
1-19 (d) [(c)] For purposes of this section, land is considered
1-20 to be in the jurisdiction of a county if the land is located in the
1-21 county and outside the corporate limits of municipalities.
1-22 Sec. 232.0225. APPLICABILITY TO SUBSEQUENT CONVEYANCES. (a)
1-23 A person who receives land in a conveyance exempted from this
1-24 subchapter by Section 232.022(c) is treated as a subdivider under
2-1 this subchapter if the person subsequently conveys an interest in
2-2 that land, unless the interest is conveyed as a gift to a person
2-3 who is related to the person making the conveyance within the third
2-4 degree by affinity or consanguinity, as determined under Chapter
2-5 573, Government Code.
2-6 (b) If a person is treated as a subdivider under this
2-7 section:
2-8 (1) the person must, in relation to the interest in
2-9 land conveyed, comply with the duties imposed on a subdivider by or
2-10 under this subchapter; and
2-11 (2) the interest in land conveyed is governed by this
2-12 subchapter as if it were a part of a subdivision.
2-13 SECTION 2. This Act takes effect September 1, 2001.