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AN ACT
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relating to the filing for record of a plat or replat of a |
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subdivision of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.002(e), Property Code, is amended to |
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read as follows: |
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(e) A person may not file for record or have recorded in the |
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county clerk's office a plat, [or] replat, or amended plat or replat |
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of a subdivision of real property unless the plat, [or] replat, or |
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amended plat or replat has attached to it an original tax |
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certificate from each taxing unit with jurisdiction of the real |
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property indicating that no delinquent ad valorem taxes are owed on |
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the real property. If the plat, [or] replat, or amended plat or |
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replat is filed after September 1 of a year, the plat, [or] replat, |
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or amended plat or replat must also have attached to it a tax |
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receipt issued by the collector for each taxing unit with |
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jurisdiction of the property indicating that the taxes imposed by |
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the taxing unit for the current year have been paid or, if the taxes |
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for the current year have not been calculated, a statement from the |
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collector for the taxing unit indicating that the taxes to be |
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imposed by that taxing unit for the current year have not been |
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calculated. If the tax certificate for a taxing unit does not cover |
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the preceding year, the plat, [or] replat, or amended plat or replat |
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must also have attached to it a tax receipt issued by the collector |
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for the taxing unit indicating that the taxes imposed by the taxing |
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unit for the preceding year have been paid. This subsection does |
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not apply if: |
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(1) more than one person acquired the real property |
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from a decedent under a will or by inheritance and those persons |
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owning an undivided interest in the property obtained approval to |
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subdivide the property to provide each person with a divided |
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interest and a separate title to the property; or |
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(2) a taxing unit acquired the real property for |
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public use through eminent domain proceedings or voluntary sale. |
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SECTION 2. Section 82.051, Property Code, is amended by |
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amending Subsection (d) and adding Subsection (f) to read as |
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follows: |
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(d) A county clerk shall, without prior approval from any |
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other authority, record declarations and amendments to |
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declarations in the real property records[,] and [a county clerk
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shall] record condominium plats or plans in the real property |
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records or in books maintained for that purpose[, as a declarant may
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request]. If a county clerk maintains a [The] book for the |
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condominium plat records, the book shall be the same size and type |
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as the book for recording subdivision plats. |
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(f) A person may not file for record or have recorded in the |
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county clerk's office a plat, replat, or amended plat or replat of a |
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condominium unless the plat, replat, or amended plat or replat has |
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attached to it an original tax certificate from each taxing unit |
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with jurisdiction of the real property indicating that no |
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delinquent ad valorem taxes are owed on the real property. If the |
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plat, replat, or amended plat or replat is filed after September 1 |
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of a year, the plat, replat, or amended plat or replat must also |
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have attached to it a tax receipt issued by the collector for each |
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taxing unit with jurisdiction of the property indicating that the |
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taxes imposed by the taxing unit for the current year have been paid |
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or, if the taxes for the current year have not been calculated, a |
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statement from the collector for the taxing unit indicating that |
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the taxes to be imposed by that taxing unit for the current year |
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have not been calculated. If the tax certificate for a taxing unit |
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does not cover the preceding year, the plat, replat, or amended plat |
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or replat must also have attached to it a tax receipt issued by the |
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collector for the taxing unit indicating that the taxes imposed by |
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the taxing unit for the preceding year have been paid. This |
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subsection does not apply if a taxing unit acquired the condominium |
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for public use through eminent domain proceedings or voluntary |
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sale. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 989 was passed by the House on March |
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15, 2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 989 was passed by the Senate on May |
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15, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |