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A BILL TO BE ENTITLED
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AN ACT
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relating to the subdivision of certain tracts of land for which a |
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plat is required. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.004, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) The owner of a tract of land located within the limits or |
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in the extraterritorial jurisdiction of a municipality who divides |
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the tract in two or more parts to lay out a subdivision of the tract, |
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including an addition to a municipality, to lay out suburban, |
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building, or other lots, or to lay out streets, alleys, squares, |
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parks, or other parts of the tract intended to be dedicated to |
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public use or for the use of purchasers or owners of lots fronting |
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on or adjacent to the streets, alleys, squares, parks, or other |
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parts must have a plat of the subdivision prepared. A division of a |
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tract under this subsection includes a division regardless of |
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whether it is made by using a metes and bounds description in a deed |
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of conveyance or in a contract for a deed, by using a contract of |
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sale or other executory contract to convey, or by using any other |
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method. |
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(a-1) A division of land under Subsection (a) [this
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subsection] does not include a division of land into parts greater |
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than five acres, where each part has access and no public |
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improvement is being dedicated, unless the municipality requires a |
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preliminary plat or a development plan for that land, including a |
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development plan approved by a municipality in phases, in which |
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case a plat of the entire area covered by the preliminary plat or a |
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development plan must be prepared regardless of the size of the area |
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divided. |
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SECTION 2. The change in law made by this Act to Section |
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212.004, Local Government Code, and other statutes applies only to |
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a tract of land subdivided on or after the effective date of this |
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Act. A tract of land subdivided before that date is governed by the |
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law in effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. 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. |