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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the subdivision of land under the |
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jurisdiction of certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 212.012(c), (e), and (f), Local |
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Government Code, are amended to read as follows: |
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(c) An entity described by Subsection (b) may serve or |
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connect land with water, sewer, electricity, gas, or other utility |
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service regardless of whether the entity is presented with or |
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otherwise holds a certificate applicable to the land issued under |
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Section 212.0115 if: |
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(1) the land is covered by a development plat approved |
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under Subchapter B or under an ordinance or rule relating to the |
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development plat; |
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(2) the land was first served or connected with |
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service by an entity described by Subsection (b)(1), (b)(2), or |
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(b)(3) before September 1, 1987; |
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(3) the land was first served or connected with |
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service by an entity described by Subsection (b)(4), (b)(5), or |
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(b)(6) before September 1, 1989; or |
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(4) the municipal authority responsible for approving |
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plats issues a certificate stating that: |
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(A) the land: |
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(i) was sold or conveyed to the person |
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requesting service by any means of conveyance, including a contract |
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for deed or executory contract, before: |
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(a) September 1, 1995, in a county |
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defined under Section 232.022(a)(1); [or] |
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(b) September 1, 2005, in a county |
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defined under Section 232.022(a)(2); or |
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(c) September 1, 2007, in a county |
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defined under Section 232.022(a)(3); |
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(ii) is located in a subdivision in which |
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the entity has previously provided service; |
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(iii) is located outside the limits of the |
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municipality; |
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(iv) is located in a county to which |
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Subchapter B, Chapter 232, applies; and |
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(v) is the site of construction of a |
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residence, evidenced by at least the existence of a completed |
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foundation, that was begun on or before: |
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(a) May 1, 1997, in a county defined |
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under Section 232.022(a)(1); [or] |
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(b) September 1, 2005, in a county |
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defined under Section 232.022(a)(2); or |
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(c) September 1, 2007, in a county |
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defined under Section 232.022(a)(3); or |
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(B) the land was not subdivided after September |
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1, 1995, in a county defined under Section 232.022(a)(1), after |
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[or] September 1, 2005, in a county defined under Section |
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232.022(a)(2), or after September 1, 2007, in a county defined |
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under Section 232.022(a)(3), and: |
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(i) water service is available within 750 |
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feet of the subdivided land; or |
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(ii) water service is available more than |
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750 feet from the subdivided land and the extension of water service |
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to the land may be feasible, subject to a final determination by the |
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water service provider. |
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(e) A person requesting service may obtain a certificate |
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under Subsection (c)(4)(A) only if the person provides to the |
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municipal authority responsible for approving plats either: |
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(1) a copy of the means of conveyance or other |
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documents that show that the land was sold or conveyed to the person |
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requesting service before September 1, 1995, [or before] September |
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1, 2005, or September 1, 2007, as applicable, and a notarized |
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affidavit by that person that states that construction of a |
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residence on the land, evidenced by at least the existence of a |
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completed foundation, was begun on or before May 1, 1997, [or on or
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before] September 1, 2005, or September 1, 2007, as applicable; or |
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(2) a notarized affidavit by the person requesting |
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service that states that the property was sold or conveyed to that |
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person before September 1, 1995, [or before] September 1, 2005, or |
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September 1, 2007, as applicable, and that construction of a |
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residence on the land, evidenced by at least the existence of a |
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completed foundation, was begun on or before May 1, 1997, [or on or
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before] September 1, 2005, or September 1, 2007, as applicable. |
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(f) A person requesting service may obtain a certificate |
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under Subsection (c)(4)(B) only if the person provides to the |
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municipal authority responsible for approving plats an affidavit |
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that states that the property was not sold or conveyed to that |
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person from a subdivider or the subdivider's agent after September |
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1, 1995, [or after] September 1, 2005, or September 1, 2007, as |
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applicable. |
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SECTION 2. The heading to Subchapter B, Chapter 232, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR |
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INTERNATIONAL BORDER AND CERTAIN OTHER COUNTIES |
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SECTION 3. Section 232.022(a), Local Government Code, is |
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amended to read as follows: |
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(a) This subchapter applies only to: |
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(1) a county any part of which is located within 50 |
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miles of an international border; [or] |
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(2) a county: |
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(A) any part of which is located within 100 miles |
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of an international border; |
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(B) that contains the majority of the area of a |
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municipality with a population of more than 250,000; and |
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(C) to which Subdivision (1) does not apply; or |
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(3) a county that has elected by an order adopted by |
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the commissioners court to operate under this subchapter. |
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SECTION 4. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0225 to read as follows: |
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Sec. 232.0225. MINIMUM STATE STANDARDS. (a) To the extent |
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this subchapter refers to minimum state standards or refers to the |
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application of a provision of Chapter 16, Water Code, the |
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references apply to all counties regardless of any limitation |
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established by Chapter 16, Water Code. |
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(b) This section and the other provisions of this subchapter |
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do not authorize a county to participate in any financial |
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assistance program or any other program authorized by Chapter 15, |
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16, or 17, Water Code, unless the county qualifies under the Water |
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Code. |
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SECTION 5. Section 232.025, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order |
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adopted and entered in the minutes of the commissioners court, and |
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after a notice is published in English and Spanish in a newspaper of |
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general circulation in the county, the commissioners court shall |
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for each subdivision: |
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(1) require a right-of-way on a street or road that |
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functions as a main artery in a subdivision, of a width of not less |
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than 50 feet or more than 100 feet; |
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(2) require a right-of-way on any other street or road |
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in a subdivision of not less than 40 feet or more than 70 feet; |
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(3) require that the shoulder-to-shoulder width on |
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collectors or main arteries within the right-of-way be not less |
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than 32 feet or more than 56 feet, and that the shoulder-to-shoulder |
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width on any other street or road be not less than 25 feet or more |
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than 35 feet; |
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(4) adopt, based on the amount and kind of travel over |
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each street or road in a subdivision, reasonable specifications |
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relating to the construction of each street or road; |
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(5) adopt reasonable specifications to provide |
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adequate drainage for each street or road in a subdivision in |
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accordance with standard engineering practices; |
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(6) require that each purchase contract made between a |
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subdivider and a purchaser of land in the subdivision contain a |
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statement describing how and when water, sewer, electricity, and |
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gas services will be made available to the subdivision; [and] |
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(7) require that the subdivider of the tract execute a |
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bond in the manner provided by Section 232.027; |
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(8) adopt reasonable specifications that provide for |
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drainage in the subdivision to: |
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(A) efficiently manage the flow of stormwater |
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runoff in the subdivision; and |
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(B) coordinate subdivision drainage with the |
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general storm drainage pattern for the area; and |
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(9) require lot and block monumentation to be set by a |
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registered professional surveyor before recordation of the plat. |
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SECTION 6. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Sections 232.0255 and 232.0256 to read as |
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follows: |
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Sec. 232.0255. STANDARD FOR ROADS IN SUBDIVISION. A county |
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may not impose under Section 232.025 a higher standard for streets |
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or roads in a subdivision than the county imposes on itself for the |
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construction of streets or roads with a similar type and amount of |
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traffic. |
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Sec. 232.0256. ADDITIONAL REQUIREMENTS: USE OF |
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GROUNDWATER. (a) If a person submits a plat for the subdivision of |
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a tract of land for which the source of the water supply intended |
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for the subdivision is groundwater under that land, the |
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commissioners court of a county by order may require the plat |
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application to have attached to it a statement that: |
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(1) is prepared by an engineer licensed to practice in |
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this state or a geoscientist licensed to practice in this state; and |
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(2) certifies that adequate groundwater is available |
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for the subdivision. |
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(b) The Texas Commission on Environmental Quality by rule |
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shall establish the appropriate form and content of a certification |
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to be attached to a plat application under this section. |
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SECTION 7. The heading to Section 232.029, Local Government |
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Code, is amended to read as follows: |
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Sec. 232.029. CONNECTION OF UTILITIES IN COUNTIES WITHIN 50 |
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MILES OF INTERNATIONAL BORDER AND CERTAIN OTHER COUNTIES. |
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SECTION 8. Section 232.029(a), Local Government Code, is |
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amended to read as follows: |
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(a) This section applies only to a county defined under |
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Section 232.022(a)(1) or (3). |
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SECTION 9. The heading to Section 232.038, Local Government |
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Code, is amended to read as follows: |
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Sec. 232.038. SUIT BY PRIVATE PERSON [IN ECONOMICALLY
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DISTRESSED AREA]. |
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SECTION 10. Section 232.038, 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) This section applies only to: |
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(1) [Except as provided by Subsection (b),] a person |
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who has purchased or is purchasing a lot after July 1, 1995, in a |
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subdivision for residential purposes that does not have water and |
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sewer services as required by this subchapter and is located in an |
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economically distressed area, as defined by Section 17.921, Water |
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Code, from a subdivider; or |
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(2) a person who has purchased or is purchasing from a |
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subdivider a lot after September 1, 2007, in a subdivision for |
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residential purposes that does not have water and sewer services as |
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required by this subchapter. |
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(a-1) Except as provided by Subsection (b), a person |
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described by Subsection (a) [,] may bring suit in the district court |
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in which the property is located or in a district court in Travis |
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County to: |
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(1) declare the sale of the property void and require |
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the subdivider to return the purchase price of the property; and |
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(2) recover from the subdivider: |
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(A) the market value of any permanent |
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improvements the person placed on the property; |
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(B) actual expenses incurred as a direct result |
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of the failure to provide adequate water and sewer facilities; |
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(C) court costs; and |
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(D) reasonable attorney's fees. |
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SECTION 11. Section 232.043(b), Local Government Code, is |
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amended to read as follows: |
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(b) If the commissioners court makes a written finding that |
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the subdivider who created the unplatted subdivision no longer owns |
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property in the subdivision, the commissioners court may grant a |
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delay or variance under this section only if: |
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(1) a majority of the lots in the subdivision were sold |
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before: |
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(A) September 1, 1995, in a county defined under |
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Section 232.022(a)(1); [or] |
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(B) September 1, 2005, in a county defined under |
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Section 232.022(a)(2); or |
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(C) September 1, 2007, in a county defined under |
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Section 232.022(a)(3); |
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(2) a majority of the resident purchasers in the |
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subdivision sign a petition supporting the delay or variance; |
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(3) the person requesting the delay or variance |
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submits to the commissioners court: |
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(A) a description of the water and sewer service |
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facilities that will be constructed or installed to service the |
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subdivision; |
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(B) a statement specifying the date by which the |
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water and sewer service facilities will be fully operational; and |
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(C) a statement signed by an engineer licensed in |
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this state certifying that the plans for the water and sewer |
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facilities meet the minimum state standards; |
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(4) the commissioners court finds that the unplatted |
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subdivision at the time the delay or variance is requested is |
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developed in a manner and to an extent that compliance with specific |
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platting requirements is impractical or contrary to the health or |
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safety of the residents of the subdivision; and |
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(5) the subdivider who created the unplatted |
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subdivision has not violated local law, federal law, or state law, |
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excluding this chapter, in subdividing the land for which the delay |
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or variance is requested, if the subdivider is the person |
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requesting the delay or variance. |
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SECTION 12. Section 13.002(26), Water Code, is amended to |
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read as follows: |
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(26) "Affected county" is a county to which Subchapter |
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B, Chapter 232, Local Government Code, applies under Section |
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232.022(a)(1) or (2) of that code. |
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SECTION 13. Section 13.2501, Water Code, is amended to read |
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as follows: |
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Sec. 13.2501. CONDITIONS REQUIRING REFUSAL OF SERVICE. The |
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holder of a certificate of public convenience and necessity shall |
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refuse to serve a customer within its certified area if the holder |
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of the certificate is prohibited from providing the service under |
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Section 212.012, 232.029, or 232.0291 [232.0047], Local Government |
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Code. |
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SECTION 14. Section 26.001(26), Water Code, as effective |
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upon delegation of NPDES permit authority, is amended to read as |
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follows: |
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(26) "Affected county" is a county to which Subchapter |
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B, Chapter 232, Local Government Code, applies under Section |
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232.022(a)(1) or (2) of that code. |
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SECTION 15. The changes in law made by this Act to Chapter |
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232, Local Government Code, and other statutes apply only to a tract |
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of land subdivided on or after September 1, 2007. A tract of land |
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subdivided before that date is governed by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2007. |