80R7627 MSE-D
  By: Puente H.B. No. 2793
relating to the subdivision of certain tracts of land for which a
plat is required.
       SECTION 1.  Section 212.004, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
       (a)  The owner of a tract of land located within the limits or
in the extraterritorial jurisdiction of a municipality who divides
the tract in two or more parts to lay out a subdivision of the tract,
including an addition to a municipality, to lay out suburban,
building, or other lots, or to lay out streets, alleys, squares,
parks, or other parts of the tract intended to be dedicated to
public use or for the use of purchasers or owners of lots fronting
on or adjacent to the streets, alleys, squares, parks, or other
parts must have a plat of the subdivision prepared. A division of a
tract under this subsection includes a division regardless of
whether it is made by using a metes and bounds description in a deed
of conveyance or in a contract for a deed, by using a contract of
sale or other executory contract to convey, or by using any other
       (a-1)  A division of land under Subsection (a) [this
subsection] does not include a division of land into parts greater
than five acres, where each part has access and no public
improvement is being dedicated, unless the municipality requires a
preliminary plat or a development plan for that land, including a
development plan approved by a municipality in phases, in which
case a plat of the entire area covered by the preliminary plat or a
development plan must be prepared regardless of the size of the area
       SECTION 2.  The change in law made by this Act to Section
212.004, Local Government Code, and other statutes applies only to
a tract of land subdivided on or after the effective date of this
Act. A tract of land subdivided before that date is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
       SECTION 3.  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.