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A BILL TO BE ENTITLED
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AN ACT
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relating to subdivision replatting by certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 212, Local Government |
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Code, is amended by adding Section 212.0146 to read as follows: |
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Sec. 212.0146. REPLATTING WITHOUT VACATING PRECEDING PLAT: |
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CERTAIN MUNICIPALITIES. (a) This section applies only to a replat |
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of a subdivision or a part of a subdivision located in a |
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municipality or the extraterritorial jurisdiction of a |
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municipality with a population of 1.9 million or more. |
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(b) A replat of a subdivision or part of a subdivision may be |
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recorded and is controlling over the preceding plat without |
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vacation of that plat if the replat: |
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(1) is signed and acknowledged by each owner of |
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property being replatted; |
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(2) is approved, after a public hearing on the matter |
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at which parties in interest and citizens have an opportunity to be |
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heard, by the municipal authority responsible for approving plats; |
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(3) does not attempt to amend or remove any covenants |
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or restrictions that are contained or referenced in a dedicatory |
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instrument recorded in the real property records separately from |
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the preceding plat or replat; |
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(4) does not attempt to amend or remove any covenants |
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or restrictions that are contained only in the preceding plat or |
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replat without reference in any dedicatory instrument recorded in |
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the real property records separately from the preceding plat or |
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replat, unless the municipal authority responsible for approving |
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plats determines under the criteria in its applicable rules that |
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the restriction or covenant should be amended or removed; and |
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(5) does not attempt to amend or remove any existing |
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public utility easements without the consent of the affected |
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utility companies. |
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(c) Section 212.014 does not apply to a replat under this |
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section. |
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SECTION 2. Subsections (a) and (b), Section 212.015, Local |
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Government Code, are amended to read as follows: |
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(a) In addition to compliance with Section 212.014 or |
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212.0146, a replat without vacation of the preceding plat must |
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conform to the requirements of this section if: |
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(1) during the preceding five years, any of the area to |
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be replatted was limited by an interim or permanent zoning |
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classification to residential use for not more than two residential |
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units per lot; or |
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(2) any lot in the preceding plat was limited by deed |
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restrictions to residential use for not more than two residential |
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units per lot. |
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(b) Notice of the hearing required under Section 212.014 or |
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212.0146 shall be given before the 15th day before the date of the |
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hearing by: |
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(1) publication in an official newspaper or a |
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newspaper of general circulation in the county in which the |
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municipality is located; and |
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(2) by written notice, with a copy of Subsection (c) |
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attached, forwarded by the municipal authority responsible for |
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approving plats to the owners of lots that are in the original |
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subdivision and that are within 200 feet of the lots to be |
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replatted, as indicated on the most recently approved municipal tax |
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roll or in the case of a subdivision within the extraterritorial |
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jurisdiction, the most recently approved county tax roll of the |
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property upon which the replat is requested. The written notice may |
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be delivered by depositing the notice, properly addressed with |
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postage prepaid, in a post office or postal depository within the |
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boundaries of the municipality. |
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SECTION 3. (a) This section applies only to a municipality |
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with a population of 1.9 million or more that approved the replat or |
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attempted replat of a subdivision or a part of a subdivision before |
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the effective date of this Act. |
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(b) The governmental acts and proceedings of the |
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municipality relating to the approval of a replat or attempted |
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replat of a subdivision or a part of a subdivision by the |
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municipality are validated as of the dates they occurred. The acts |
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and proceedings may not be held invalid because they were not |
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performed in accordance with Chapter 212, Local Government Code, or |
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other law. |
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(c) The governmental acts and proceedings of the |
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municipality occurring after a replat or attempted replat of a |
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subdivision or a part of a subdivision by the municipality may not |
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be held invalid on the ground that the replat or attempted replat, |
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in the absence of this section, was invalid. |
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(d) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(2) has been held invalid by a final judgment of a |
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court. |
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SECTION 4. 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. |
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