Amend CSHB 3068 as follows:
(1) On page 7, line 24, strike "municipality" and substitute
"political subdivisions".
(2) On page 7, line 26, strike "has" and substitute "have".
(3) On page 15, line 26, strike "municipality" and
substitute "political subdivisions".
(4) On page 16, line 1, strike "has" and substitute "have".
(5) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232.011 to read as follows:
Sec. 232.011. AMENDING PLAT. (a) The commissioners court
may approve and issue an amending plat, if the amending plat is
signed by the applicants and filed for one or more of the following
purposes:
(1) to correct an error in a course or distance shown
on the preceding plat;
(2) to add a course or distance that was omitted on the
preceding plat;
(3) to correct an error in a real property description
shown on the preceding plat;
(4) to show the location or character of a monument
that has been changed in location or character or that is shown
incorrectly as to location or character on the preceding plat;
(5) to correct any other type of scrivener or clerical
error or omission of the previously approved plat, including lot
numbers, acreage, street names, and identification of adjacent
recorded plats; or
(6) to correct an error in courses and distances of lot
lines between two adjacent lots if:
(A) both lot owners join in the application for
amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove
recorded covenants or restrictions; and
(D) the amendment does not have a material
adverse effect on the property rights of the other owners of the
property that is the subject of the plat.
(b) The amending plat controls over the preceding plat
without the vacation, revision, or cancellation of the preceding
plat.
(c) Notice, a hearing, and the approval of other lot owners
are not required for the filing, recording, or approval of an
amending plat.
SECTION ____. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.044 to read as follows:
Sec. 232.044. AMENDING PLAT. The commissioners court may
approve and issue an amending plat under this subchapter in the same
manner, for the same purposes, and subject to the same related
provisions as provided by Section 232.011.
SECTION ____. Section 81.033(b), Local Government Code, is
amended to read as follows:
(b) If approved at an election held in the county for that
purpose, the commissioners court has, in addition to the powers
given to it under this code or other law, all the powers of the
governing body of a Type A general-law municipality, including the
powers contained in Subtitle A, Title 7, except that:
(1) the commissioners court may not regulate an
activity outside the county;
(2) the commissioners court may not regulate a tract
of land that is appraised as agricultural or open-space land by the
appraisal district; and
(3) [the commissioners court may not exercise the
powers of a municipality under Chapter 211 or 213; and
[(4)] if this code or other law provides for a
procedure by which a county exercises a power, the commissioners
court must use that procedure.
SECTION ____. Subchapter C, Chapter 232, Local Government
Code, is amended by adding Section 232.081 to read as follows:
Sec. 232.081. AMENDING PLAT. The commissioners court may
approve and issue an amending plat under this subchapter in the same
manner, for the same purposes, and subject to the same related
provisions as provided by Section 232.011.
SECTION ____. Section 16.344, Water Code, is amended by
adding Subsections (d), (e), (f), (g) and (h) to read as follows:
(d) Notwithstanding Section 16.343(g) or Section 16.350(a),
a political subdivision may temporarily continue to receive funds
under Subchapter K, Chapter 17, if the political subdivision
submits a request for temporary continuation of funding and the
board determines that:
(1) the political subdivision's initial funding
application and any amendments for a designated area were reviewed
and approved by the board before January 1, 2007;
(2) withholding funds would result in an undue
hardship for occupants of the property to be served by unreasonably
delaying the provision of adequate water or waste water services;
(3) withholding funds would result in inefficient use
of local, state, or federal funds under the program;
(4) the political subdivision has committed to take
the necessary and appropriate actions to correct any deficiencies
in adoption or enforcement of the model rules within the time
designated by the board, but not later than the 90th day after the
date the board makes the determinations under this subsection;
(5) the political subdivision has sufficient
safeguards in place to prevent the proliferation of colonias; and
(6) during the 30 days after the date the board
receives a request under this subsection, the board, after
consulting with the attorney general, secretary of state, and
commission, has not received an objection from any of those
entities to the request for temporary continuation of funding.
(e) In applying Subsection (d) to applications for
increased financial assistance, the board shall only consider areas
that were included in the initial application, except that the
board may reconsider the eligibility of areas that were the subject
of a facility plan in the initial application and that may be
determined to be eligible based on criteria in effect September 1,
2005.
(f) The political subdivision shall take necessary and
appropriate actions to correct any deficiencies in its adoption and
enforcement of the model rules within the time period required by
the board, not to exceed the 90-day period described by Subsection
(d)(4), and provide evidence of compliance to the board. The board
shall discontinue funding unless the board makes a determination
based on the evidence provided that the political subdivision has
demonstrated sufficient compliance to continue funding.
(g) Except as provided by Subsections (d) through (f), if
the board determines that a county or city that is required to adopt
and enforce the model rules is not enforcing the model rules, the
board shall discontinue funding for all projects within the county
or city that are funded under Subchapter K, Chapter 17.
(h) The board may not accept or grant applications for
temporary funding under Subsection (d) after June 1, 2009.
(i) Subsections (d), (e), (f), (g), (h) and this subsection
expire September 1, 2009.