By: Gattis, et al. (Senate Sponsor - Ogden) H.B. No. 3410

(In the Senate - Received from the House April 26, 2007; May 1, 2007, read first time and referred to Committee on Intergovernmental Relations; May 15, 2007, reported favorably by the following vote: Yeas 3, Nays 0; May 15, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to alternative procedures for plat revision of residential areas by a county.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 232.0095, Local Government Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) As an alternative to the provisions in Section 232.009 governing the revision of plats, a county by order may adopt the provisions in Sections 212.013, 212.014, 212.015, and 212.016 governing plat vacations, replatting, and plat amendment [within a municipality's jurisdiction]. A county that adopts the provisions in those sections may approve a plat vacation, a replat, and an amending plat in the same manner and under the same conditions, including the notice and hearing requirements, as a municipal authority responsible for approving plats under those sections.

(c) Instead of the purpose described by Section 212.016(a)(10), an amended plat may be approved and issued by the county to make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

(1) the changes do not affect applicable county regulations, including zoning regulations if the county has authority to adopt zoning regulations; and

(2) the changes do not attempt to amend or remove any covenants or restrictions.

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.

* * * * *