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79R7662 QS-F


By:  Chavez                                                       H.B. No. 3473



A BILL TO BE ENTITLED

AN ACT

relating to an exemption from the platting requirement in certain 
counties near an international border.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 232.023(a), Local Government Code, is 
amended to read as follows:
	(a)  Except as provided by Section 232.0235, a [A] subdivider 
of land must have a plat of the subdivision prepared.  A subdivision 
of a tract under this subsection includes a subdivision of real 
property by any method of conveyance, including a contract for 
deed, oral contract, contract of sale, or other type of executory 
contract, regardless of whether the subdivision is made by using a 
metes and bounds description.
	SECTION 2.  Subchapter B, Local Government Code, is amended 
by adding Section 232.0235 to read as follows:
	Sec. 232.0235.  EXEMPTION FROM PLATTING REQUIREMENT.  (a) In 
this section, "colonia" has the meaning assigned by Section 
775.001, Government Code.
	(b)  A subdivider of land is not required to have a plat of a 
subdivision prepared if the subdivider receives a waiver from the 
attorney general.
	(c)  The attorney general may grant a waiver only to a 
nonprofit corporation exempted from federal income taxation under 
Section 501(a), Internal Revenue Code of 1986, by being listed as an 
exempt entity under Section 501(c)(3) of that code.
	(d)  A nonprofit corporation is eligible for a waiver if the 
corporation requests the waiver as part of a demonstrable plan to 
make improvements to an existing colonia to bring the colonia into 
compliance with relevant provisions of the Health and Safety Code.
	SECTION 3.  Sections 232.029(a) and (b), Local Government 
Code, are amended to read as follows:
	(a)  Except as provided by Subsection (c) of this section, 
Section 232.0235, or Section 232.037(c), a utility may not serve or 
connect any subdivided land with water or sewer services unless the 
utility receives a certificate issued by the commissioners court 
under Section 232.028(a) or receives a determination from the 
commissioners court under Section 232.028(b)(1) that the plat has 
been reviewed and approved by the commissioners court.
	(b)  Except as provided by Subsection (c) of this section, 
Section 232.0235, or Section 232.037(c), a utility may not serve or 
connect any subdivided land with electricity or gas unless the 
entity receives a determination from the county commissioners court 
under Section 232.028(b)(2) that adequate water and sewer services 
have been installed to service the subdivision.
	SECTION 4.  As soon as practicable after the effective date 
of this Act, the attorney general of the State of Texas shall 
develop a procedure by which to grant waivers to subdividers of land 
in certain counties near an international border, as provided by 
Section 232.0235, Local Government Code, as added by this Act.
	SECTION 5.  This Act takes effect September 1, 2005.