79R6349 DRH-F

By:  Madla                                                        S.B. No. 1430



A BILL TO BE ENTITLED

AN ACT

relating to the subdivision of land in the unincorporated area of 
certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 232.022, Local Government Code, is 
amended to read as follows:
	Sec. 232.022.  APPLICABILITY.  (a)  This subchapter applies 
only to a county any part of which is located within 50 miles of an 
international border.
	(b)  This subchapter applies only to a division of land in 
the jurisdiction of the county [that is subdivided] into two or more 
parts to lay out:
		(1)  a subdivision of the tract, including an addition;                
		(2)  lots; or                                                   
		(3)  streets, alleys, squares, parks, or other parts of 
the tract intended to be dedicated to public use or for the use of 
purchasers or owners of lots fronting on or adjacent to the streets, 
alleys, squares, parks, or other parts [that are intended primarily 
for residential use in the jurisdiction of the county.  A lot is 
presumed to be intended for residential use if the lot is five acres 
or less.  This subchapter does not apply if the subdivision is 
incident to the conveyance of the land as a gift between persons 
related to each other within the third degree by affinity or 
consanguinity, as determined under Chapter 573, Government Code].
	(c)  For purposes of this section, land is considered to be 
in the jurisdiction of a county if the land is located in the county 
and outside the corporate limits of municipalities.
	(d)  This subchapter does not apply if the owner does not lay 
out a part of the tract described by Subsection (b)(3) and:
		(1)  the division is incident to the conveyance of the 
land as a gift between persons related to each other within the 
third degree by affinity or consanguinity, as determined under 
Chapter 573, Government Code; or
		(2)  each of the lots [of the subdivision] is 10 or more 
acres.
	SECTION 2.  The change in law made by this Act applies only 
to a conveyance or division of property that is completed on or 
after the effective date of this Act.  For purposes of this Act, a 
conveyance or division of property is completed before the 
effective date of this Act if the subdivision plat or record of 
conveyance is filed before that date with the appropriate county 
clerk for recording in the real property records of the county.
	SECTION 3.  This Act takes effect September 1, 2005.