80R10872 PAM-D
 
  By: Lucio III H.B. No. 1100
 
Substitute the following for H.B. No. 1100:
 
  By:  Orr C.S.H.B. No. 1100
 
A BILL TO BE ENTITLED
AN ACT
relating to cancellation of a subdivision plat under certain
circumstances.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232.0083 to read as follows:
       Sec. 232.0083.  CANCELLATION OF CERTAIN SUBDIVISION PLATS IF
EXISTING PLAT OBSOLETE. (a) This section applies only to a
subdivision for which:
             (1)  a plat has been filed for 75 years or more;
             (2)  the most recent plat describes at least a portion
of the property as acreage tracts;
             (3)  a previous plat described at least a portion of the
property as lots and blocks; and
             (4)  the county tax assessor-collector lists the
property in the subdivision on the tax rolls based on the
description in the previous plat and assesses taxes on the basis of
that description.
       (b)  A person owning real property in the subdivision may
apply to the commissioners court of the county in which the property
is located for permission to cancel an existing subdivision plat in
whole or part and to reestablish the property using lots and blocks
descriptions that, to the extent practicable, are consistent with
the previous subdivision plat.
       (c)  After notice and hearing, the commissioners court may
order the cancellation of the existing subdivision plat and the
reestablishment of the property in accordance with the application
submitted under Subsection (b) if the court finds that:
             (1)  the cancellation and reestablishment does not
interfere with the established rights of:
                   (A)  any owner of a part of the subdivision; or
                   (B)  a utility company with a right to use a public
easement in the subdivision; or
             (2)  each owner or utility whose rights may be
interfered with has agreed to the cancellation and reestablishment.
       (d)  The commissioners court shall publish notice of an
application for the cancellation and reestablishment. The notice
must be published at least three weeks before the date on which
action is taken on the application and must direct any person who is
interested in the property and who wishes to protest the proposed
cancellation and reestablishment to appear at the time specified in
the notice.  The notice must be published:
             (1)  in English and Spanish in a newspaper that has
general circulation in the county and that is written primarily in
English; and
             (2)  in Spanish in a newspaper, if available, that has
general circulation in the county and that is written primarily in
Spanish.
       (e)  If the commissioners court authorizes the cancellation
and reestablishment, the court by order shall authorize the person
making the application under this section to record an instrument
showing the cancellation and reestablishment. The court shall
enter the order in its minutes.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.