79R7939 ATP-F
By: Hinojosa S.B. No. 1442
A BILL TO BE ENTITLED
AN ACT
relating to platting requirements for certain residential
subdivisions in the unincorporated area of a county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 232, Local
Government Code, is amended to read as follows:
SUBCHAPTER B. [SUBDIVISION] PLATTING REQUIREMENTS FOR CERTAIN
RESIDENTIAL SUBDIVISIONS [IN COUNTY NEAR INTERNATIONAL BORDER]
SECTION 2. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.0225 to read as follows:
Sec. 232.0225. CONFLICT WITH SUBCHAPTER. To the extent of a
conflict between this subchapter and Subchapter A, this subchapter
controls.
SECTION 3. Section 212.012(c), Local Government Code, is
amended to read as follows:
(c) An entity described by Subsection (b) may serve or
connect land with water, sewer, electricity, gas, or other utility
service regardless of whether the entity is presented with or
otherwise holds a certificate applicable to the land issued under
Section 212.0115 if:
(1) the land is covered by a development plat approved
under Subchapter B or under an ordinance or rule relating to the
development plat;
(2) the land was first served or connected with
service by an entity described by Subsection (b)(1), (b)(2), or
(b)(3) before September 1, 1987;
(3) the land was first served or connected with
service by an entity described by Subsection (b)(4), (b)(5), or
(b)(6) before September 1, 1989; or
(4) the municipal authority responsible for approving
plats issues a certificate stating that:
(A) the land:
(i) before September 1, 1995, was sold or
conveyed to the person requesting service by any means of
conveyance, including a contract for deed or executory contract;
(ii) is located in a subdivision in which
the entity has previously provided service;
(iii) is located outside the limits of the
municipality;
(iv) is located in a county any part of
which is located within 50 miles of an international border [to
which Subchapter B, Chapter 232, applies]; and
(v) is the site of construction of a
residence, evidenced by at least the existence of a completed
foundation, that was begun on or before May 1, 1997; or
(B) the land was not subdivided after September
1, 1995, and:
(i) water service is available within 750
feet of the subdivided land; or
(ii) water service is available more than
750 feet from the subdivided land and the extension of water service
to the land may be feasible, subject to a final determination by the
water service provider.
SECTION 4. Sections 242.001(a) and (d), Local Government
Code, are amended to read as follows:
(a) This section applies only to a county operating under
Sections 232.001-232.005 or Subchapter B[, C,] or E, Chapter 232,
and a municipality that has extraterritorial jurisdiction in that
county. Subsections (b)-(g) do not apply:
(1) within a county that contains extraterritorial
jurisdiction of a municipality with a population of 1.9 million or
more;
(2) within a county within 50 miles of an
international border[, or to which Subchapter C, Chapter 232,
applies]; or
(3) to a tract of land subject to a development
agreement under Subchapter G, Chapter 212, or other provisions of
this code.
(d) An agreement under Subsection (c) may grant the
authority to regulate subdivision plats and approve related permits
in the extraterritorial jurisdiction of a municipality as follows:
(1) the municipality may be granted exclusive
jurisdiction to regulate subdivision plats and approve related
permits in the extraterritorial jurisdiction and may regulate
subdivisions under Subchapter A of Chapter 212 and other statutes
applicable to municipalities;
(2) the county may be granted exclusive jurisdiction
to regulate subdivision plats and approve related permits in the
extraterritorial jurisdiction and may regulate subdivisions under
Sections 232.001-232.005 and[,] Subchapter B [or C], Chapter 232,
and other statutes applicable to counties;
(3) the municipality and the county may apportion the
area within the extraterritorial jurisdiction of the municipality
with the municipality regulating subdivision plats and approving
related permits in the area assigned to the municipality and the
county regulating subdivision plats and approving related permits
in the area assigned to the county; or
(4) the municipality and the county may enter into an
interlocal agreement that:
(A) establishes one office that is authorized to:
(i) accept plat applications for tracts of
land located in the extraterritorial jurisdiction;
(ii) collect municipal and county plat
application fees in a lump-sum amount; and
(iii) provide applicants one response
indicating approval or denial of the plat application; and
(B) establishes a single set of consolidated and
consistent regulations related to plats, subdivision construction
plans, and subdivisions of land as authorized by Chapter 212,
Sections 232.001-232.005 and Subchapter[, Subchapters] B [and C],
Chapter 232, and other statutes applicable to municipalities and
counties that will be enforced in the extraterritorial
jurisdiction.
SECTION 5. Section 12.002(d), Property Code, is amended to
read as follows:
(d) Except in the case of a subdivision located in a county
any part of which is located within 50 miles of an international
border [to which Subchapter B, Chapter 232, Local Government Code,
applies], Subsection (c) does not apply to using a subdivision's
description in a contract to convey real property before the plat or
replat of the subdivision is approved and is filed for record with
the county clerk if:
(1) the conveyance is expressly contingent on approval
and recording of the final plat; and
(2) the purchaser is not given use or occupancy of the
real property conveyed before the recording of the final plat.
SECTION 6. Section 13.002(26), Water Code, is amended to
read as follows:
(26) "Affected county" is a county any part of which is
located within 50 miles of an international border [to which
Subchapter B, Chapter 232, Local Government Code, applies].
SECTION 7. Section 16.352, Water Code, is amended to read as
follows:
Sec. 16.352. ENFORCEMENT OF RULES. A person who violates a
rule adopted by a municipality or county under this subchapter or
under Subchapter B [or C], Chapter 232, Local Government Code, is
liable to the municipality or county for a civil penalty of not less
than $500 and not more than $1,000 for each violation and for each
day of a violation. The maximum civil penalty that may accrue each
day is $5,000. The appropriate attorney representing the
municipality or county may sue to collect the penalty. The
recovered penalty shall be deposited in the general fund of the
municipality or county.
SECTION 8. Section 26.001(26), Water Code, as added by
Section 24, Chapter 979, Acts of the 74th Legislature, Regular
Session, 1995, is amended to read as follows:
(26) "Affected county" is a county any part of which is
located within 50 miles of an international border [to which
Subchapter B, Chapter 232, Local Government Code, applies].
SECTION 9. Sections 232.0015(b) and 232.022(a), Local
Government Code, and Subchapter C, Chapter 232, Local Government
Code, are repealed.
SECTION 10. The changes in law made by this Act to Chapter
232, Local Government Code, and other statutes apply only to a tract
of land subdivided on or after September 1, 2005. A tract of land
subdivided before that date is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 11. This Act takes effect September 1, 2005.