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AN ACT
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relating to cancellation of a subdivision plat under certain |
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circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0083 to read as follows: |
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Sec. 232.0083. CANCELLATION OF CERTAIN SUBDIVISION PLATS IF |
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EXISTING PLAT OBSOLETE. (a) This section applies only to a |
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subdivision for which: |
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(1) a plat has been filed for 75 years or more; |
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(2) the most recent plat describes at least a portion |
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of the property as acreage tracts; |
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(3) a previous plat described at least a portion of the |
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property as lots and blocks; and |
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(4) the county tax assessor-collector lists the |
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property in the subdivision on the tax rolls based on the |
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description in the previous plat and assesses taxes on the basis of |
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that description. |
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(b) A person owning real property in the subdivision may |
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apply to the commissioners court of the county in which the property |
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is located for permission to cancel an existing subdivision plat in |
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whole or part and to reestablish the property using lots and blocks |
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descriptions that, to the extent practicable, are consistent with |
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the previous subdivision plat. |
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(c) After notice and hearing, the commissioners court may |
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order the cancellation of the existing subdivision plat and the |
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reestablishment of the property in accordance with the application |
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submitted under Subsection (b) if the court finds that: |
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(1) the cancellation and reestablishment does not |
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interfere with the established rights of: |
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(A) any owner of a part of the subdivision; or |
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(B) a utility company with a right to use a public |
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easement in the subdivision; or |
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(2) each owner or utility whose rights may be |
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interfered with has agreed to the cancellation and reestablishment. |
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(d) The commissioners court shall publish notice of an |
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application for the cancellation and reestablishment. The notice |
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must be published at least three weeks before the date on which |
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action is taken on the application and must direct any person who is |
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interested in the property and who wishes to protest the proposed |
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cancellation and reestablishment to appear at the time specified in |
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the notice. The notice must be published in a newspaper that has |
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general circulation in the county. |
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(e) If the commissioners court authorizes the cancellation |
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and reestablishment, the court by order shall authorize the person |
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making the application under this section to record an instrument |
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showing the cancellation and reestablishment. The court shall |
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enter the order in its minutes. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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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. 1100 was passed by the House on April |
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27, 2007, by the following vote: Yeas 132, Nays 1, 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. 1100 was passed by the Senate on May |
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17, 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 |