80R1831 ATP-D

By: Bolton H.B. No. 3520

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of the subdivision of land under the jurisdiction of certain counties.

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

SECTION 1. Sections 212.012(c), (e), and (f), Local Government Code, are amended to read as follows:

(c) An entity described by Subsection (b) may serve or connect land with water, sewer, electricity, gas, or other utility service regardless of whether the entity is presented with or otherwise holds a certificate applicable to the land issued under Section 212.0115 if:

(1) the land is covered by a development plat approved under Subchapter B or under an ordinance or rule relating to the development plat;

(2) the land was first served or connected with service by an entity described by Subsection (b)(1), (b)(2), or (b)(3) before September 1, 1987;

(3) the land was first served or connected with service by an entity described by Subsection (b)(4), (b)(5), or (b)(6) before September 1, 1989; or

(4) the municipal authority responsible for approving plats issues a certificate stating that:

(A) the land:

(i) was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract, before:

(a) September 1, 1995, in a county defined under Section 232.022(a)(1); [or]

(b) September 1, 2005, in a county defined under Section 232.022(a)(2); or

(c) September 1, 2007, in a county defined under Section 232.022(a)(3);

(ii) is located in a subdivision in which the entity has previously provided service;

(iii) is located outside the limits of the municipality;

(iv) is located in a county to which Subchapter B, Chapter 232, applies; and

(v) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before:

(a) May 1, 1997, in a county defined under Section 232.022(a)(1); [or]

(b) September 1, 2005, in a county defined under Section 232.022(a)(2); or

(c) September 1, 2007, in a county defined under Section 232.022(a)(3); or

(B) the land was not subdivided after September 1, 1995, in a county defined under Section 232.022(a)(1), after [or] September 1, 2005, in a county defined under Section 232.022(a)(2), or after September 1, 2007, in a county defined under Section 232.022(a)(3), and:

(i) water service is available within 750 feet of the subdivided land; or

(ii) water service is available more than 750 feet from the subdivided land and the extension of water service to the land may be feasible, subject to a final determination by the water service provider.

(e) A person requesting service may obtain a certificate under Subsection (c)(4)(A) only if the person provides to the municipal authority responsible for approving plats either:

(1) a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 1995, [or before] September 1, 2005, or September 1, 2007, as applicable, and a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, [or on or before] September 1, 2005, or September 1, 2007, as applicable; or

(2) a notarized affidavit by the person requesting service that states that the property was sold or conveyed to that person before September 1, 1995, [or before] September 1, 2005, or September 1, 2007, as applicable, and that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, [or on or before] September 1, 2005, or September 1, 2007, as applicable.

(f) A person requesting service may obtain a certificate under Subsection (c)(4)(B) only if the person provides to the municipal authority responsible for approving plats an affidavit that states that the property was not sold or conveyed to that person from a subdivider or the subdivider's agent after September 1, 1995, [or after] September 1, 2005, or September 1, 2007, as applicable.

SECTION 2. The heading to Subchapter B, Chapter 232, Local Government Code, is amended to read as follows:

SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR

INTERNATIONAL BORDER AND CERTAIN OTHER COUNTIES

SECTION 3. Section 232.022(a), Local Government Code, is amended to read as follows:

(a) This subchapter applies only to:

(1) a county any part of which is located within 50 miles of an international border; [or]

(2) a county:

(A) any part of which is located within 100 miles of an international border;

(B) that contains the majority of the area of a municipality with a population of more than 250,000; and

(C) to which Subdivision (1) does not apply; or

(3) a county that has elected by an order adopted by the commissioners court to operate under this subchapter.

SECTION 4. Subchapter B, Chapter 232, Local Government Code, is amended by adding Section 232.0225 to read as follows:

Sec. 232.0225. MINIMUM STATE STANDARDS. (a) To the extent this subchapter refers to minimum state standards or refers to the application of a provision of Chapter 16, Water Code, the references apply to all counties regardless of any limitation established by Chapter 16, Water Code.

(b) This section and the other provisions of this subchapter do not authorize a county to participate in any financial assistance program or any other program authorized by Chapter 15, 16, or 17, Water Code, unless the county qualifies under the Water Code.

SECTION 5. Section 232.025, Local Government Code, is amended to read as follows:

Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in English and Spanish in a newspaper of general circulation in the county, the commissioners court shall for each subdivision:

(1) require a right-of-way on a street or road that functions as a main artery in a subdivision, of a width of not less than 50 feet or more than 100 feet;

(2) require a right-of-way on any other street or road in a subdivision of not less than 40 feet or more than 70 feet;

(3) require that the shoulder-to-shoulder width on collectors or main arteries within the right-of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width on any other street or road be not less than 25 feet or more than 35 feet;

(4) adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road;

(5) adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices;

(6) require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing how and when water, sewer, electricity, and gas services will be made available to the subdivision; [and]

(7) require that the subdivider of the tract execute a bond in the manner provided by Section 232.027;

(8) adopt reasonable specifications that provide for drainage in the subdivision to:

(A) efficiently manage the flow of stormwater runoff in the subdivision; and

(B) coordinate subdivision drainage with the general storm drainage pattern for the area; and

(9) require lot and block monumentation to be set by a registered professional surveyor before recordation of the plat.

SECTION 6. Subchapter B, Chapter 232, Local Government Code, is amended by adding Sections 232.0255 and 232.0256 to read as follows:

Sec. 232.0255. STANDARD FOR ROADS IN SUBDIVISION. A county may not impose under Section 232.025 a higher standard for streets or roads in a subdivision than the county imposes on itself for the construction of streets or roads with a similar type and amount of traffic.

Sec. 232.0256. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. (a) If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the commissioners court of a county by order may require the plat application to have attached to it a statement that:

(1) is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state; and

(2) certifies that adequate groundwater is available for the subdivision.

(b) The Texas Commission on Environmental Quality by rule shall establish the appropriate form and content of a certification to be attached to a plat application under this section.

SECTION 7. The heading to Section 232.029, Local Government Code, is amended to read as follows:

Sec. 232.029. CONNECTION OF UTILITIES IN COUNTIES WITHIN 50 MILES OF INTERNATIONAL BORDER AND CERTAIN OTHER COUNTIES.

SECTION 8. Section 232.029(a), Local Government Code, is amended to read as follows:

(a) This section applies only to a county defined under Section 232.022(a)(1) or (3).

SECTION 9. The heading to Section 232.038, Local Government Code, is amended to read as follows:

Sec. 232.038. SUIT BY PRIVATE PERSON [IN ECONOMICALLY DISTRESSED AREA].

SECTION 10. Section 232.038, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) This section applies only to:

(1) [Except as provided by Subsection (b),] a person who has purchased or is purchasing a lot after July 1, 1995, in a subdivision for residential purposes that does not have water and sewer services as required by this subchapter and is located in an economically distressed area, as defined by Section 17.921, Water Code, from a subdivider; or

(2) a person who has purchased or is purchasing from a subdivider a lot after September 1, 2007, in a subdivision for residential purposes that does not have water and sewer services as required by this subchapter.

(a-1) Except as provided by Subsection (b), a person described by Subsection (a) [,] may bring suit in the district court in which the property is located or in a district court in Travis County to:

(1) declare the sale of the property void and require the subdivider to return the purchase price of the property; and

(2) recover from the subdivider:

(A) the market value of any permanent improvements the person placed on the property;

(B) actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities;

(C) court costs; and

(D) reasonable attorney's fees.

SECTION 11. Section 232.043(b), Local Government Code, is amended to read as follows:

(b) If the commissioners court makes a written finding that the subdivider who created the unplatted subdivision no longer owns property in the subdivision, the commissioners court may grant a delay or variance under this section only if:

(1) a majority of the lots in the subdivision were sold before:

(A) September 1, 1995, in a county defined under Section 232.022(a)(1); [or]

(B) September 1, 2005, in a county defined under Section 232.022(a)(2); or

(C) September 1, 2007, in a county defined under Section 232.022(a)(3);

(2) a majority of the resident purchasers in the subdivision sign a petition supporting the delay or variance;

(3) the person requesting the delay or variance submits to the commissioners court:

(A) a description of the water and sewer service facilities that will be constructed or installed to service the subdivision;

(B) a statement specifying the date by which the water and sewer service facilities will be fully operational; and

(C) a statement signed by an engineer licensed in this state certifying that the plans for the water and sewer facilities meet the minimum state standards;

(4) the commissioners court finds that the unplatted subdivision at the time the delay or variance is requested is developed in a manner and to an extent that compliance with specific platting requirements is impractical or contrary to the health or safety of the residents of the subdivision; and

(5) the subdivider who created the unplatted subdivision has not violated local law, federal law, or state law, excluding this chapter, in subdividing the land for which the delay or variance is requested, if the subdivider is the person requesting the delay or variance.

SECTION 12. Section 13.002(26), Water Code, is amended to read as follows:

(26) "Affected county" is a county to which Subchapter B, Chapter 232, Local Government Code, applies under Section 232.022(a)(1) or (2) of that code.

SECTION 13. Section 13.2501, Water Code, is amended to read as follows:

Sec. 13.2501. CONDITIONS REQUIRING REFUSAL OF SERVICE. The holder of a certificate of public convenience and necessity shall refuse to serve a customer within its certified area if the holder of the certificate is prohibited from providing the service under Section 212.012, 232.029, or 232.0291 [232.0047], Local Government Code.

SECTION 14. Section 26.001(26), Water Code, as effective upon delegation of NPDES permit authority, is amended to read as follows:

(26) "Affected county" is a county to which Subchapter B, Chapter 232, Local Government Code, applies under Section 232.022(a)(1) or (2) of that code.

SECTION 15. The changes in law made by this Act to Chapter 232, Local Government Code, and other statutes apply only to a tract of land subdivided on or after September 1, 2007. 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 16. This Act takes effect September 1, 2007.