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AN ACT
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relating to the filing of an amended subdivision plat with a county |
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to correct certain errors or omissions and to other county |
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regulations of subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 232, Local Government |
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Code, is amended by adding Section 232.011 to read as follows: |
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Sec. 232.011. AMENDING PLAT. (a) The commissioners court |
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may approve and issue an amending plat, if the amending plat is |
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signed by the applicants and filed for one or more of the following |
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purposes: |
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(1) to correct an error in a course or distance shown |
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on the preceding plat; |
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(2) to add a course or distance that was omitted on the |
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preceding plat; |
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(3) to correct an error in a real property description |
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shown on the preceding plat; |
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(4) to show the location or character of a monument |
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that has been changed in location or character or that is shown |
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incorrectly as to location or character on the preceding plat; |
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(5) to correct any other type of scrivener or clerical |
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error or omission of the previously approved plat, including lot |
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numbers, acreage, street names, and identification of adjacent |
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recorded plats; or |
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(6) to correct an error in courses and distances of lot |
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lines between two adjacent lots if: |
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(A) both lot owners join in the application for |
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amending the plat; |
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(B) neither lot is abolished; |
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(C) the amendment does not attempt to remove |
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recorded covenants or restrictions; and |
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(D) the amendment does not have a material |
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adverse effect on the property rights of the other owners of the |
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property that is the subject of the plat. |
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(b) The amending plat controls over the preceding plat |
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without the vacation, revision, or cancellation of the preceding |
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plat. |
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(c) Notice, a hearing, and the approval of other lot owners |
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are not required for the filing, recording, or approval of an |
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amending plat. |
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SECTION 2. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.044 to read as follows: |
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Sec. 232.044. AMENDING PLAT. The commissioners court may |
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approve and issue an amending plat under this subchapter in the same |
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manner, for the same purposes, and subject to the same related |
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provisions as provided by Section 232.011. |
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SECTION 3. Subchapter C, Chapter 232, Local Government |
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Code, is amended by adding Section 232.081 to read as follows: |
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Sec. 232.081. AMENDING PLAT. The commissioners court may |
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approve and issue an amending plat under this subchapter in the same |
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manner, for the same purposes, and subject to the same related |
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provisions as provided by Section 232.011. |
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SECTION 4. Subsection (b), Section 232.101, Local |
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Government Code, is amended to read as follows: |
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(b) Unless otherwise authorized by state law, a |
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commissioners court shall not regulate under this section: |
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(1) the use of any building or property for business, |
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industrial, residential, or other purposes; |
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(2) the bulk, height, or number of buildings |
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constructed on a particular tract of land; |
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(3) the size of a building that can be constructed on a |
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particular tract of land, including without limitation and |
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restriction on the ratio of building floor space to the land square |
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footage; [or] |
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(4) the number of residential units that can be built |
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per acre of land; |
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(5) a plat or subdivision in an adjoining county; or |
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(6) road access to a plat or subdivision in an |
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adjoining county. |
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SECTION 5. Subchapter E, Chapter 232, Local Government |
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Code, is amended by adding Sections 232.108 and 232.109 to read as |
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follows: |
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Sec. 232.108. PLAT REQUIREMENTS. (a) The commissioners |
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court, in addition to having the authority to adopt rules under |
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Section 232.101 and other authority granted by this chapter, may |
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impose the plat requirements prescribed by Section 232.023. If the |
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commissioners court imposes the plat requirements prescribed by |
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Section 232.023, any rules adopted under Section 232.101 must be |
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consistent with those requirements. |
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(b) If a county imposing the plat requirements prescribed by |
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Section 232.023 is not described by Section 232.022(a): |
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(1) the document required by Section 232.023(b)(6) is |
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not required to be in Spanish; and |
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(2) the plat requirements related to drainage shall be |
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those authorized by Section 232.003(8) rather than those authorized |
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by Section 232.023(b)(8). |
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Sec. 232.109. FIRE SUPPRESSION SYSTEM. In a subdivision |
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that is not served by fire hydrants as part of a centralized water |
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system certified by the Texas Commission on Environmental Quality |
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as meeting minimum standards for water utility service, the |
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commissioners court may require a limited fire suppression system |
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that requires a developer to construct: |
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(1) for a subdivision of fewer than 50 houses, 2,500 |
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gallons of storage; or |
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(2) for a subdivision of 50 or more houses, 2,500 |
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gallons of storage with a centralized water system or 5,000 gallons |
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of storage. |
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SECTION 6. Section 232.100, Local Government Code, is |
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repealed. |
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SECTION 7. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1867 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendments on May 15, 2007, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1867 passed the House, with |
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amendments, on May 9, 2007, by the following vote: Yeas 143, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |