By: Madla S.B. No. 1430
(In the Senate - Filed March 10, 2005; March 21, 2005, read
first time and referred to Committee on Intergovernmental
Relations; April 7, 2005, reported favorably by the following
vote: Yeas 5, Nays 0; April 7, 2005, sent to printer.)
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.
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